Terms and Conditions

Last updated May 17, 2019

Acceptance of Terms

DumpsterCo (“DumpsterCo”, “we”, “us” or “our”) welcomes you to www.dumpsterco.com (the “Website”). These terms and conditions (collectively, with our Privacy Policy, the “Terms”) govern your use of the Website and the services, features, content or applications operated by DumpsterCo (together with the Website, the “Services”), and provided to the User (the “User”, “Users”, “you” or “your”). Please read the Terms carefully before using the Services. The Terms apply to all users of the Services, including without limitation any sub-users. Using the Services in any manner constitutes your acceptance and agreement to be bound by the Terms, and all other operating rules, policies and procedures that may be published from time to time on the Website by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT USE THE SERVICES AND YOU SHOULD EXIT THE WEBSITE AND STOP USE OF THE SERVICES IMMEDIATELY.

DumpsterCo reserves the right, at any time and from time to time, to amend or to modify the Terms without prior notice to you, provided that if any such alterations constitute a material change to the Terms, DumpsterCo will notify you by posting an announcement on the Website. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms. For this reason, we encourage you to review the Terms whenever you use the Services. If you do not agree to any change to the Terms, then you must immediately stop using the Services.

Description of the Services

Services include, but are not limited to, any service and/or content DumpsterCo makes available to you, including through advertisements, as well as the offering of any materials displayed, transmitted or performed on the Website or through the Services. Content (“Content”) includes, but is not limited to written content, text, search results, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software, and are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or Content or the Website in whole or in part.

Your access to and use of the Website may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Website or any other reason within or outside the control of DumpsterCo. We reserve the right to suspend or discontinue the availability of the Website and/or any of the Services and/or remove any Content at any time at its sole and absolute discretion and without prior notice. We may also impose limits on certain features and the Services or restrict your access to parts of or all of the Website and the Services without notice or liability. The Website should not be used or relied upon for storage of the Content you own and you are directed to retain your own copies of all Content you submit on the Website.

We do not guarantee the accuracy, integrity or quality of the Content on the Website. You may not rely on any of this Content, including, but not limited to service descriptions. The Website also contains information about services offered by third parties.

Intellectual Property

All Content included on the Website, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of DumpsterCo, or our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

You may not print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website unless given express written permission to do so by DumpsterCo. Specifically you agree that:

You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by DumpsterCo.

User Conduct

All Content posted or otherwise submitted to the Website is the sole responsibility of the User from which such Content originates and you acknowledge and agree that you, and not us are entirely responsible for all Content that you post (“Your Content”), or otherwise submit to the Website. We do not control user submitted Content and, as such, we do not guarantee the accuracy, integrity or quality of such Content.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by us. We reserve the right, but not the obligation, without prior notice to edit, refuse and/or remove any content that may, in our sole and absolute discretion, violate these Terms, subject us to public disparagement or scorn, or that is otherwise objectionable.

By way of example, and not as a limitation, you agree not to use the Services:

  • To abuse, harass, threaten, impersonate, intimidate, defame or otherwise violate the legal right of any person;
  • To post, submit or transmit, or cause to be posted, submitted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
  • For any purpose (including posting, submitting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
  • To post, submit or transmit, or cause to be posted, submitted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any DumpsterCo User;
  • To create or transmit unwanted ‘spam’ to any person or any URL;
  • With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole and absolute discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website; or
  • To engage in any illegal activities.
Service Requests

DumpsterCo allows you to request a service from third party service providers (“Merchants”, or each a “Merchant”) on the Website.

In order to request a service using the Website you must provide your name, e-mail address, telephone number, and location on the Website, together with a reasonably accurate description of the service which you require (the “Job”). Some (or all) of this information will be sent to Merchants who will need this information to respond to your request. By providing this information to us, or by submitting a service request via phone, you are requesting, and you expressly consent to being contacted by us and by Merchants via phone, fax, e-mail, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on the Website, to service your request, to reasonably address matters pertaining to your request, including but not limited to collecting feedback about a Merchant, or for other purposes reasonably related to your service request and our business, including marketing related e-mails. There is more detail of the protection of your personal data in our Privacy Policy, which describes the data we collect, the purposes of use and our rights of transfer. By entering your details on the Website, you are confirming that you are over eighteen (18) years of age and that you will abide by these Terms.

Neither your request for a service nor the response from a Merchant in relation to your request for a service via the Services shall establish a binding contract between you and the Merchant for the service described in the Job. No contractual arrangement is created based on a response to your service request provided by a Merchant (or your scheduling of an appointment with a Merchant) via the Services. Any response to your service request provided by a Merchant via the Services is for informational purposes only.

The contract in relation to the Job as described in your service request (or as otherwise agreed between you and a Merchant) is directly between you and the Merchant from whom you have accepted a service.  Any queries or concerns relating to the Job should be addressed to the Merchant.

You must ensure that the personal information entered by you is correct in your request for a service. You agree that by submitting a service request on the Website, you are entering into a business relationship with DumpsterCo and its partners and thus agree to be contacted by DumpsterCo and/or its partners. You promise that all information you provide (including but not limited to your contact information, or feedback you provide about a Merchant) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DumpsterCo has the right to refuse any current or future use of the Services (or any portion thereof) by you.

When you are creating a service request on the Website, you agree that you will not knowingly provide or submit false information. Knowingly providing or submitting false information, including but not limited to name, telephone number, address or e-mail address is fraudulent and could result in significant costs and damages including invasion of privacy rights, to DumpsterCo, Merchants, and to consumers, as well as the loss of time, effort and expense responding to and pursuing such false information and request, and further, could result in regulatory fines and penalties. Accordingly, if you knowingly provide or submit false information in a service request, including but not limited to someone else’s name, e-mail address, physical address or phone number or a random or made up name, address, e-mail or phone number you agree to fully indemnify and be liable to DumpsterCo and each Merchant who accepts such service requests, for the greater of: (i) a minimum amount of $10,000 to each of DumpsterCo and each of the affected Merchants and for each of the actual person(s) affected by any of the improper, incorrect or fraudulent information you enter (for example the actual owner of the e-mail address or phone number, etc.), per improper submission, plus any attorneys fees costs and expense relating thereto, if applicable, or (ii) the actual damages, direct, punitive and consequential, and any regulatory or judicial fines or penalties that may arise from such intentional, misleading, harmful and fraudulent activity, plus reasonable legal fees, costs and expenses relating thereto, whichever is greater.

Merchant Directory

DumpsterCo provides a directory of Merchants that allows you to view the credentials and contact details of Merchants on the Website (“Listings”, or each a “Listing”). The Merchants are not employees or agents of DumpsterCo, nor is DumpsterCo an agent of the Merchants.

We make no guarantees regarding the skills or representations of Merchants, or the quality of the Job that they may perform for you if you proceed to hire a Merchant. DumpsterCo does not endorse or recommend any service offered or performed by any Merchant on the Website. It is your sole responsibility to assess the qualifications of a Merchant, and to enter into a direct contract or otherwise reach an agreement with a Merchant. We do not guarantee or warrant any Merchant’s performance of the Job or the outcome or quality of any service a Merchant performs.

We may inform you of certain offers, prices, or discounts provided by a Merchant. Such offers, prices, or discounts are made solely by the Merchant, and we do not guarantee or warrant the pricing or discounts that a Merchant may offer you.

We rely on Merchants to provide accurate information when submitting a Listing on the Website including, but not limited to, Merchants’ service offerings and possession of applicable local and state trade licenses, business licenses, and insurance. Although we publish the information provided to us by Merchants and take reasonable measures to verify their authenticity at the time a Listing is published on the Website, such as via documents provided by Merchants, written or express testimonies or agreement from Merchants, Merchant websites, and other websites, we make no warranty or guarantee of the information provided by the Merchant or other third party agencies, nor do we guarantee that a Merchant has the proper licensing or insurance for any particular Job. Some states may require state-level licensing and some counties and local authorities may require county or city level licensing. We recommend you confirm these licensing requirements with the Merchant and the applicable state and local licensing authorities. We also recommend you ask the Merchant to provide you with a copy of their license and certificates of insurance before entering into a direct contract or otherwise reach an agreement with the Merchant.

Monitoring

We shall have the right, but not the obligation, to monitor the Content and usage of the Website at all times, including all requests made using DumpsterCo and any feedback made via the Website, to determine compliance with these Terms and any operating rules established by us, as well as to satisfy any applicable law, regulation or authorized government request. Without limitation, we shall have the right to reject and not forward to Merchants any service request that we, in our sole and absolute discretion, find to be in violation of the provisions hereof.

Furthermore, we shall have the right, in our sole and absolute discretion, to refuse any and all current or future access to or use of the Website by any person where that person, in our reasonable opinion, causes or allows another to cause the misuse of the Website. Misuse of the Website shall include, but is not limited to:

  • sending Merchants hoax or timewasting service requests;
  • sending Merchants abusive, defamatory, threatening, obscene or offensive material, material which may harass or cause distress or inconvenience to the Merchant or any person, or material which otherwise violates the legal rights (such as rights of privacy and publicity) of the Merchant or any person;
  • uploading a file to the Website which contains inappropriate material in accordance with point (b) above;
  • uploading a file to the Website which infringes any third party’s copyright or any other proprietary right;
  • uploading any files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
  • providing incorrect, false or another person’s personal information;
  • using the Website other than for your own personal, non-commercial use;
  • using the Website to contact a Merchant for any purpose other than a request for a service;
  • restricting or inhibiting any other person from using and enjoying the Website;
  • using the Website for any unlawful purpose; or
  • using the Website in breach of these Terms.
Content Submitted or Made Available for Inclusion on the Website

Please read this section carefully before posting, uploading, or otherwise submitting any Content to the Website. By submitting Content to the Website you are granting us a worldwide, non-exclusive license to use the Content and are representing and warranting to us that the Content is owned or duly licensed by you, and that we are free to publish, distribute and use the Content as hereinafter provided for without obtaining permission or license from any third party.

In consideration of our agreement to allow you to submit Content to the Website and our agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with us as follows:

You acknowledge that:

You retain full rights to the Content you submit on the Website;

All Content you provide is accurate, current and truthful to the best of your knowledge;

By posting Content to the Website you hereby grant to us a non-exclusive, transferable, fully paid, worldwide license (with the right to sub-license) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Website and will automatically terminate upon the removal of the Content from the Website;

The license granted to DumpsterCo.com includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to the Website by you;

We make no representation and warranty that Content posted on the Website will not be unlawfully copied without your consent. We do not restrict the ability of users and visitors to the Website to make copies of Content posted on the Website and you hereby expressly authorize us to permit users and visitors to the Website to make such copies of your Content; and

Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.

You represent and warrant that:

You are the owner of all rights, including all copy rights in and to all Content you submit to the Website;

You have the full and complete right to enter into this agreement and to grant to us the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with our use of the Content as contemplated herein; and

The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.

You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against us, all of which such rights are hereby expressly and irrevocably waived by you in our favor.

Submitting a Listing for Inclusion in our Directory

Please read this section carefully before creating or submitting any Listing for inclusion on the Website.

DumpsterCo only permits Merchants, or authorized representatives of Merchants with all the appropriate rights and/or permissions, to create or submit Listings for inclusion on the Website. DumpsterCo accepts no responsibility or liability for any infringement of third party rights by such Listings or Content. DumpsterCo will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Listings, nor for any errors or omissions in Listings. Use of and reliance upon Listings is entirely at your own risk.

By creating or submitting a Listing on the Website, you confirm that you are a Merchant, or an authorized representative of a Merchant with all the appropriate rights and/or permissions to create or submit a Listing on the Website. If you are not a Merchant, or an authorized representative of a Merchant with all the appropriate rights and/or permissions to create or submit a Listing, you agree not to, under any circumstance, create or submit any Listing for inclusion on the Website.

In order to create a Listing using the Website you must provide credentials, including but not limited to, contact information and details of your service offerings. By providing this information to us, or by submitting a Listing on the Website, you hereby accept and agree to the following rules:

You expressly consent to being contacted by us, our affiliates, Users of the Services or visitors of the Website, via phone, fax, e-mail, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, in order that we may provide the Services set forth on the Website, or for purposes reasonably related to your Listing and our business, including marketing related e-mails.

You will provide accurate, current and truthful information in your Listing. You promise to keep all information contained in your Listing accurate and up to date for the entire duration your Listing is published on the Website. Specifically, you agree that it is your sole responsibility to keep all information in your Listing accurate and up to date for the lifetime of your Listing being published on the Website. If any information in your Listing has changed, including but not limited to details of your trade or business license, you agree to notify DumpsterCo of any such change forthwith in writing to info@dumpsterco.com.

You will not provide any service offering in your Listing for which you do not possess the requisite credentials to perform, including but not limited to, local and state trade licenses, business licenses, and insurance.

You will not knowingly provide or submit false information in your Listing. Knowingly providing or submitting false information, including but not limited to name, telephone number, address or e-mail address is fraudulent and could result in significant costs and damages including invasion of privacy rights, to DumpsterCo, Merchants, and to consumers, as well as the loss of time, effort and expense responding to and pursuing such false information and submission, and further, could result in regulatory fines and penalties. Accordingly, if you knowingly provide or submit false information in a Listing, including but not limited to someone else’s name, e-mail address, physical address or phone number or a random or made up name, address, e-mail or phone number you agree to fully indemnify and be liable to DumpsterCo and each User who selects your service, for the greater of: (i) a minimum amount of $10,000 to each of DumpsterCo and each of the affected User and for each of the actual person(s) affected by any of the improper, incorrect or fraudulent information you enter (for example the actual owner of the e-mail address or phone number, etc.), per improper submission, plus any attorneys fees costs and expense relating thereto, if applicable, or (ii) the actual damages, direct, punitive and consequential, and any regulatory or judicial fines or penalties that may arise from such intentional, misleading, harmful and fraudulent activity, plus reasonable legal fees, costs and expenses relating thereto, whichever is greater.

DumpsterCo reserves the right to screen, accept, approve, reject, edit, modify, terminate or remove any Listing submitted on the Website at any time, at its sole and absolute discretion, without prior consultation. You will be informed of the outcome of our screening of your Listing, or reasons for any such alteration or removal of your Listing, in writing to the email address provided in your Listing submission, except where you are, or we suspect that you are (i) in violation of any of the Terms or (ii) engaged in illegal or improper use of the Services, in which case your Listing will be rejected or removed without notice. Any terminated Listing will remain published on the Website until the end of the paid term, after which the Listing will be removed from the Website, excluding cases of breaches of the Terms, or where we have received your express written permission to remove your Listing from the Website before the end of the paid term, in which case the Listing will be removed from the Website at the earliest available opportunity.

DumpsterCo aims to complete screening of a Listing submission within five (5) working days, but makes no guarantees that screening of any Listing will be completed within this time. DumpsterCo aims to publish on the Website any Listing it accepts or approves within forty-eight (48) hours of DumpsterCo receiving payment for the Listing. Listings which DumpsterCo rejects shall not be charged for, or in the case that a payment has already been made the monies shall be returned in full.

Only one (1) Listing is permitted per Merchant on the Website. You agree to only submit one (1) Listing per Merchant you represent.

You will select a Listing package that is sufficient for your Listing to be placed into the number of locations you have provided in your submission. If you select a Listing package that is insufficient for the number of locations you would like your Listing placed into, DumpsterCo reserves the right, at its sole and absolute discretion, to place your Listing in any combination of the locations you provided, without prior consultation or notification, up to the maximum number of locations allowed by your selected Listing package.

Following our acceptance or approval of your Listing submission, you agree to pay the Listing fee advertised by the Listing package you selected when submitting your Listing, which is a monthly recurring payment, for each Listing you submit on the Website. You will be billed to your designated payment method at the time at which you purchase your selected Listing package, and automatically billed monthly thereafter until cancellation or termination of your Listing. We reserve the right to change the timing of our billing. Failure to pay the Listing fee in any billing period may result in the termination of your Listing. Your first payment will be at the price advertised at the time you submitted your Listing. You authorize us to charge you the Listing fee on a monthly recurring basis at the then current rate, and any other charges you may incur in connection with your use of the Services to your payment method. DumpsterCo reserves the right to modify Listing fees, or any components thereof, at any time as it may determine at its sole and absolute discretion, and any such modification may affect your monthly recurring payments. Should any modification of Listing fees be necessary you will be notified forthwith of such a modification and have the option to cancel your Listing. If you cancel your Listing within a paid term you will not be entitled to a refund of the time remaining. DumpsterCo does not provide refunds or credits for partially used periods.

You may update, cancel or remove your Listing at any time by contacting DumpsterCo in writing to info@dumpsterco.com. DumpsterCo will assist you with your request at the earliest available opportunity.

DumpsterCo may at its sole discretion provide a free trial offer which allows a Listing to be published on the Website free of charge for the first two (2) months. The free trial period begins from, and expires exactly two (2) months after, the date a Listing package is purchased. In order for you to be eligible for this offer, all of the following conditions must be satisfied in full: (i) you have not submitted a Listing on the Website at any time in the past, (ii) DumpsterCo deems your Listing acceptable or appropriate for publishing on the Website, (iii) you have selected a Listing package, (iv) you have purchased your selected Listing package by providing a payment method and authorization thereon, to which the Listing fee can be billed on a monthly recurring basis, and (v) you must keep your designated payment method and authorization thereon up to date and valid for the entire free trial period. If you decide to keep your Listing published on the Website after the free trial period has ended, you promise to make the monthly recurring payments of your selected Listing package for as long as your Listing is published on the Website. If you decide you no longer want your Listing published on the Website following your free trial, then you must provide written notice to info@dumpsterco.com no less than seven (7) days from the expiry date of the free trial period. If at any point during the free trial period the authorization on your payment method is rescinded, or your payment method is voided, without prior written notice to DumpsterCo, you will cease to be eligible for the free trial offer, and DumpsterCo reserves the right to remove your Listing from the Website forthwith, including but not limited to, before the expiry date of the free trial period.

DumpsterCo reserves the right to modify or discontinue any promotional offer DumpsterCo provides on the Services, at any time, at its sole and absolute discretion, without notice or prior consultation. Any entitlement to an offer expressly granted by DumpsterCo prior to the modification or discontinuation of that offer, will remain in effect, in accordance with the eligibility rules of that offer.

You agree not to list any business that engages in any illegal activity. You agree not to list the name of a business that you do not own without permission to do so. We may terminate or restrict your Listing, without notice if you are, or if we suspect that you are (i) in violation of any of the Terms or (ii) engaged in illegal or improper use of the Services.

Copyright Complaints

We respect the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Website infringes the copyright or other intellectual property infringement (“Infringement”) of any person. We will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Website.

To notify us of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” at help@dumpsterco.com and include in your notice a detailed description of the alleged Infringement sufficient to enable us to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide us with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at help@dumpsterco.com. You must include in your counter notice sufficient information to enable us to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your Content is not infringing the copyrights of others.

If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.

Links

DumpsterCo contains links to other web-sites on the Internet owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Release and Indemnity

You hereby expressly and irrevocably release and forever discharge DumpsterCo, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your dispute or dealings with any Merchant, or your use of the Website and the Services.

You hereby agree to indemnify, defend and hold harmless DumpsterCo, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Website, (iii) the use of the Services, by you or any person using your account or DumpsterCo Username and password, or (iv) any violation of any rights of a third party.

Availability of the Website

We reserve the right to suspend the Website at any time for operational, regulatory, legal or other reasons. Although we make reasonable attempts to ensure the Website is available at all times, there is no guarantee that the Website will be available at all times without interruption or free from errors, bugs or viruses. We retain the right to terminate without notice your use of the Website with immediate effect if you breach any of these Terms.

Disclaimers

Except as expressly set forth herein, DumpsterCo expressly disclaims any implied warranties of any kind, including, but not limited to, warranties of merchantability or fitness for a particular purpose, and you agree that we shall have no liability for direct, indirect, special, incidental, consequential (including lost profit), exemplary or punitive damages (even if we have been advised of the possibility of such damages) arising out of this agreement or any consequences which flow from it. Some states and provinces do not allow limitations on or exclusion of incidental or consequential damages. In such states and provinces, the above exclusions may not apply to you.

We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any Content or Services. We disclaim any responsibility for any harm resulting from accessing any information or material on the Internet using the Content or Services on the Website. We disclaim any responsibility for service outages that are caused by our maintenance on the servers or the technology that underlies our Website, failures of our service providers (including telecommunications, hosting and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, an act of nature, war, civil disturbance or other cause beyond our reasonable control.

We do not warrant that the Website will be uninterrupted or error-free. In addition, we do not make any warranty as to the Content on the Website. The Website and its Content are distributed on an “as is, as available” basis, and your sole and exclusive remedy, and our sole obligation to you or any third party for any claim arising out of your use of the Services or the Website, is that you are free to discontinue your use of the Services or the Website at any time. Any Content or Services that you access, use or otherwise obtain through the Website is done at your own discretion and risk, and you will be solely responsible for any potential damages to your computer system or loss of data that results from your download of any digital Content. Neither we nor any of our partners makes any warranty that (i) the Website will meet your requirements, (ii) the Website will be uninterrupted, timely, secure, or error-free, (iii) the Services or Content on the Website will be accurate or reliable, (iv) the quality of any Content or Services that you purchase or obtain through the Website will meet your expectations, and (v) any errors will be corrected. Neither we nor any of our partners makes any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the Website, any Content or any of our Services, tools, products or properties. You expressly agree that you will assume the entire risk as to the quality and performance of the Website and the accuracy or completeness of its Content and Services.

None of our partners shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Website, even if we have been advised of the possibility of such damages.

Any contract which you enter into with a Merchant as a result of a request for a service or otherwise is undertaken at your own discretion and risk. It is your responsibility to ensure that you understand and agree with the relevant Merchant’s own terms and conditions as well as applicable federal, state, provincial and local laws before entering into any contract or other agreement with that Merchant. DumpsterCo shall in no circumstances be liable to you or any other person for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with a contract or any other agreement entered into between you and a Merchant.

DumpsterCo gathers Merchant information and credentials solely at the time the Merchant applies for their Listing to be published on the Website. As a result, Merchants’ information may change or expire over time. Therefore, DumpsterCo does not warrant or represent that information on any Merchant on the Website is up to date. DumpsterCo is under no obligation to update Listings. We recommend you verify that a Merchant’s information is accurate and acceptable for the Job before hiring any Merchant. DumpsterCo assumes no liability for such information. We expressly disclaim any and all warranties, express or implied relating to the Merchant credential publishing process or information obtained or presented, including but not limited to any warranties of merchantability, fitness for a particular use, or that the verification procedures or standards are sufficient, or that the information received in these screening or verification procedures is accurate, timely or error free.

Miscellaneous Provisions

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind us in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. We may transfer, assign or delegate the Terms and its rights and obligations without consent. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms shall be governed by and construed in accordance with the laws of the United Kingdom, as if made within United Kingdom between two residents thereof, and the parties submit to the exclusive jurisdiction of United Kingdom courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

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