DUMPTD LLC. Service is offered and available to users who are 18 years of age or older. By using DUMPTD LLC. Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the DUMPTD LLC. Service.
1. Website or application for mobile devices: System (s) and / or structure (s) and / or technological platform (s) available on the internet (hereinafter also referred to as the Platform), designed and provided by DUMPTD LLC. , in which Users may make electronic data exchanges or exchanges of data messages with the aim of verifying transactions and / or commercial transactions, in particular, referred to the conclusion of Hauling contracts between Users and Haulers.
2. Agent: It is DUMPTD LLC., which places the Platform at the service of Users and / or Haulers to facilitate the conclusion of contracts for the transport and proper disposal of the materials in the dumpsters.
Construction waste material, clean concrete, and dirt/sand, landscape debris, manure, roof shingles, brick, tiles, residential household cleanups. Certain bulk items such as sofas, mattresses, box springs may incur an additional charge depending on local laws and local landfill disposal fees.
Automobiles, contaminated soil, Paint, oil of any kind, pressured tanks, batteries, liquids, computers, tires, oil of any kind, oil mixtures, oil filters, fluorescent tubes, antifreeze, poisons, pesticides, herbicides, gasoline. No Hazardous material, biohazard materials, toxic, highly flammable, contaminated soil, volatile, radioactive, biomedical, explosive, infectious materials, explosive, or any other substance listed or characterized as hazardous by the United States Environmental Protection Agency or any other state or local agency. In the event prohibited waste is found in the Customer's dumpster, title to all prohibited waste shall remain with Customer and Customer will defend, indemnify and hold harmless Haulers and Dumptd LLC. from any and all claims, fees related to penalties and costs associated with items not permitted in containers, lawsuits, damages, fines or other liabilities. The indemnities herein shall survive the termination of this agreement.
Description of Services: DUMPTD LLC. (hereinafter DUMPTD LLC. or the Agent) is a Limited Liability company legally incorporated in the State of Virginia in the United States. Dumptd LLC Service/s for use only by persons located in the United States. We make no claims that the Dumptd LLC Service/s or any of its content is accessible or appropriate outside of the United States. If you access the Dumptd LLC Service/s from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Dumptd LLC functions as an intermediary service/s through technological means as a contact portal to facilitate the arrangement and scheduling of on-demand hauling services provided by independent third-party haulers. The access, use or registration in the Platform provided by the Agent will imply the acceptance of the terms when expressly stated, and in particular of the conditions that are detailed below:
YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT PROVIDE HAULING SERVICES OR FUNCTION AS A HAULER.
The Company does not itself, nor will it provide transportation or dumpster services for the Users. Instead, the Company works to connect Users with Haulers, as appropriate. After the Company has matched a User with a Hauler, the User must decide whether or not to accept the Services from the Hauler contacted through the DUMPTD LLC. Service and the Hauler must decide whether or not to offer to provide the Services as requested through the DUMPTD LLC. Service. Such decisions are made in the User's or Hauler's sole discretion. The Company offers DUMPTD LLC. Service to match Users and Haulers, but does not nor does it intend to provide the Services, and, as such, has no liability for any Services provided to any User by any Hauler using the DUMPTD LLC. Service.
On the occasion of the registration and use of the platform, it is understood that User (s), and Haulers accept that the Agent acts in front of the User (s) simply as an agent with representation of the Hauler and / or Company of respective Dumpster/s. Therefore, the Agent arranges the technological infrastructure of the Platform as a contact portal to the Hauler/s service to commercialize at the Hauler's risk and / or Hauling company, the transport and proper disposal services that the latter is authorized to offer in the market under the commercial regulation of the contract and the Hauling activity. That is why all the User (s), and Hauler/s Companies understand and accept that through the use of the Platform the Sender and the Hauler/s are directly linked in the contract that they will come to celebrate, is that those responsible for complying with all the legal and contractual provisions referred to the contractual position they assume on the occasion of the conclusion of the aforementioned Hauling contract.
All payments are due immediately upon ordering of the Service/s and will be facilitated by the Company and our third-party payment processing service using the User's preferred payment method designated in his or her account. The Company will receive a fee from each payment for the Service. The remainder of the payment is then transferred to the applicable Hauler's designated account via direct deposit to the checking or savings account specified in the Hauler's account settings. The Company does not handle the collection of payments and therefore will have no liability to you relating to payment processing.
Payments: All payments made are non-refundable.
Additional fees may be applied and the amount may vary depending on the location of service area in the event of
Extra charges may appear on an ensuing User/s payment method through the third-party payment processing service added to the original charge. By submitting the payment information or other payment agreement or by providing the User/s credit card, the User/s permits Dumptd LLC to charge the fees to the account provided by the User/s.
All pricing will be determined by the Company in its sole discretion. Furthermore, the Company reserves the right to change pricing, including the commission fee, at any time and from time to time without advance notice. The Company may, at its sole discretion, offer promotions and discounts to any Users or Haulers, but has no obligation to do so. All payments will be processed using a third-party payment processing service.
All payments to a Hauler will be via terms and conditions of the third party processing service in the Hauler's account settings. The Company does not handle the collection of payments and therefore will have no liability to you relating to payment processing.
Representations and Warranties of Users: The DUMPTD LLC. Service is offered and available to users who are considered adults. By using DUMPTD LLC. Service, you represent and warrant that you are of legal age to and have the right, authority, and capacity to form a binding contract with the Hauler and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the DUMPTD LLC. Service.
You are the sole authorized user of your account with the Company. You are responsible for maintaining the confidentiality of your data, including any password provided by you or the Company for accessing the DUMPTD LLC. Service. The Company disclaims any and all liability that may arise as the result of the use or unauthorized use of your account.
You agree to promptly contact us if you know of or suspect unauthorized use of your account or in the event of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or payment information. In the event of a breach of security on your part, you will remain liable for any unauthorized use of your account until you update your account.
You agree to pay the total fee associated with the service request to Hauler's fee to Hauler/s and the fee to Dumptd LLC. that may arise when ordering the service contract through Dumptd LLC. These fees help pay the Haulers, operation of Agent’s Platform and to ensure the best possible service.
You agree to take appropriate care of the equipment supplied by the Hauler/s. The User/s will certify that the dumpster equipment provided by the Hauler/s will be kept safe until it is picked up by the Hauler/s. Any loss or damage of the equipment on site of the User/s designated location will be the obligation of the user/s.
You agree to obtain any and all necessary permits if required by law to have the dumpster dropped off at the designated location/s chosen by you.
You agree to allow Hauler/s a safe admittance to the designated delivery site for the drop-off and pick up of the dumpster as well as provide a delivery and pick up site that can accept the weight of the Hauler/s vehicle and dumpster/s when dropped off and picked up.
You agree to provide satisfactory admittance to the delivery site directed by the original request. Additionally, you provide a location that can accept the weight of the vehicle, equipment, and dumpster/s when dropped off and picked up. You do not hold Hauler or Dumptd LLC responsible for any harm or damages to any pavement or supplementary sub-surface or any route reasonably needed to accomplish the service request.
You agree to not overload the dumpster that extends above the top of the equipment or dumpster. The weight of the materials in the dumpster should not exceed the allowed DOT guidelines.
You agree not to move or attempt to move or transport indirectly or directly the dumpster from the designated site without prior notice or consent. This will be withheld within the sole discretion of Dumptd LLC.
Representations and Warranties of Haulers:By using DUMPTD LLC. Service, each Hauler represents, warrants, and agrees that:
RELATIONSHIP BETWEEN THE USERS /GENERATOR OF THE C&D/Construction Waste AND THE AGENT AND BETWEEN THE AGENT AND THE HAULING COMPANIES
On the occasion of the registration and use of the platform it is understood that User (s), Generator (s), and Hauling Companies accept that the Agent acts in front of the Users, Generator (s) simply as an agent with representation of the Hauling company respectively. Therefore, the Agent arranges the technological infrastructure of the Platform as a contact portal to the Hauling dumpster service to commercialize at the Hauler (s) risk and / or account Hauling company, the Hauling services that the latter is authorized to offer in the market under the commercial regulation of the contract and the Hauling activity. That is why all the Users, Generator (s) and Hauling Companies understand and accept that through the use of the Platform the Users, Generator (s) and the Hauling companies are directly linked in the Dumpster Service Hauling contract that they will come to celebrate, being that those responsible for complying with all the legal and contractual provisions referred to the contractual position they assume on the occasion of the conclusion of the aforementioned Hauling contract.
Prohibited Activities: Users and Haulers agree to use DUMPTD LLC. Service in a manner consistent with any and all applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). In addition, Users and Haulers agree not to:
All of the information that you provide, publish, or display to the DUMPTD LLC. Service or otherwise send to other Users or Haulers in the registration process, in connection with the Services, or any publicly available area of the DUMPTD LLC. Service, including but not limited to reviews of Users and Haulers (your "Information"), will be stored on computers. You consent to us using your Information to create an account that will allow you to participate in the Services. You are solely responsible for your Information and your interactions with other people in the public. You are responsible for providing accurate, current, and complete information and to maintain and timely update your Information to keep it accurate, current, and complete at all times. You agree that the Company and others may rely on your Information as accurate, current, and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right to terminate your use of the DUMPTD LLC. Service.
Users and Haulers acknowledge that the Company cannot guaranty the accuracy, completeness, or truthfulness of any information provided by any User or Hauler. Some information provided may be offensive, harmful, inaccurate, or deceptive. Users and Haulers hereby accept the risks associated with using DUMPTD LLC. Service and relying on information provided by other Users or Haulers.
Email and SMS Text Communication: Users and Haulers agree and accept that the Company may communicate with Users and Haulers through email and SMS text messages. Such communications are designed to make your use of DUMPTD LLC. Service more efficient. The Company is not responsible for text messaging charges associated with such communications.
Network Access and Devices: You are responsible for obtaining the data network access necessary to use the DUMPTD LLC. Service. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the DUMPTD LLC. Service and any updates thereto. We do not guarantee that DUMPTD LLC. Service, or any portion thereof, will function on any particular hardware or devices. In addition, DUMPTD LLC. Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
User and Hauler Provided Content: We may, in our sole discretion, permit you from time to time to submit, upload, publish, or otherwise make available to us through the DUMPTD LLC. Service textual, audio and/or visual content and information, including reviews and feedback related to the Services and initiation of support requests ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the DUMPTD LLC. Service), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: : (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason, without notice to you.
Trademarks: The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks in any manner whatsoever without the prior written permission of the Company.
Geographic Restrictions:We make no claims that DUMPTD LLC. Service or any of its content is accessible or appropriate outside of the United States. If you access the DUMPTD LLC. Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Indemnification: You agree to defend, indemnify and hold the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (each, an "Indemnified Party") harmless from and against any and all losses, costs, damages, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the DUMPTD LLC. Service, including:
This indemnity applies regardless of the negligence of any party, including the Indemnified Party.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DUMPTD LLC. SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE DUMPTD LLC. SERVICE, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE, AND YOU HEREBY IRREVOCABLY WAIVE ANY SUCH LIABILITY ON THE PART OF THE COMPANY.
Dumpster dimensions on the website provided are estimations. Some dumpsters could be smaller or larger depending on the manufacturers.
The space requirements listed in these terms and conditions are estimations. Some locations would require more or less depending on the drop off location but these requirements are minimal to allow safe drop off of the dumpsters and should only be used as a guideline.
Weight Restrictions and Overload Fees : The user is solely responsible for complying with the weight restrictions applicable to the Equipment. User acknowledges that: (a) each item/unit of Equipment has a designated weight specification and corresponding weight limitation (which varies based on the size and type of the Equipment, as well as other factors); (b) the size and/or volume of the particular item/unit of Equipment is not determinative of the applicable designated weight specification and weight limitation for such item/unit of Equipment; (c) local, municipal, city, county and/or state laws, regulations, rules, and ordinances also govern and limit the weight and/or amount of material that can be legally stored in and/or transported in the Equipment; and (d) rain, water, snow, ice permitted by User to accumulate in the Equipment can increase (and under certain circumstances) exceed the applicable weight restriction relating to specific Equipment. User acknowledges that User is solely and exclusively responsible for determining the weight restrictions applicable to User's dumpster and for strictly complying with such restrictions, including, but not limited to covering and/or tarping the Equipment in order to prevent rain, water, snow, ice accumulation in the Equipment. User hereby acknowledges that User incurs charges and expenses in connection with the transport of loaded Equipment to landfills and that such charges and expenses are based upon the weight of the Equipment. If User fails to comply with applicable weight restrictions, User may incur any pay for charges, expenses, penalties and/or fines from a landfill or other third-party, whether private or public, including, but not limited to traffic fines and penalties or other consequential damages (collectively the "Overload Expenses"). In the event that Hauler/s incurs any Overload Expenses relating to or in connection with User's failure to comply with applicable weight restrictions, then, in addition to all other remedies to which Hauler/s is entitled and in addition to all other amounts, fees, charges and expenses due from User to Hauler/s (including User's reimbursement of all such Overload Expenses to Hauler/s), User will pay Hauler/s a fee based weight restriction for the dumpster ("Overload Fee"), as determined within the sole discretion of Dumptd LLC and may differ based on location of the service. User acknowledges and agrees that all Overload Expenses and Overload Fees assessed by Hauler/s against User will be charged to User's credit card in accordance with these terms and agreement.
Permits. User acknowledges that certain locations and/or uses of the Equipment may require a permit, license, certification or other local, municipal, city, county and/or state approval relating to the possession, placement, storage and/or transportation of the Equipment (collectively referred to hereinafter as a "Permit"). User represents and warrants to Dumptd LLC that User (and not Dumptd LLC or Hauler/s) is solely and exclusively responsible for obtaining and maintaining all necessary and required Permits relating to User's possession and use of the dumpster. In the event that User fails to obtain and/or maintain all necessary and required permits, Hauler/s can pick-up the dumpster without prior notice to User and without any liability to Dumptd LLC and Haulers. Any additional penalties incurred by the User will be solely responsible by the User.
Governing Law and Arbitration: The present terms and conditions will be governed in their entirety by the laws in the State of Virginia.
If you elect to seek arbitration or file a small claim court action, you must first send to the Company, by certified mail, a written notice of your claim (a "Notice"). The Notice to the Company must be addressed to email@example.com (the "Notice Address"). If the Company initiates arbitration, it will send a written Notice to the email address used for your account, if any. A Notice, whether sent by you or the Company, must (a) describe the nature and basis of the dispute, claim or controversy; and (b) set forth the specific relief sought (the "Demand"). If the Company and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or the Company may commence an arbitration proceeding or file a claim in small claims court in Fairfax County.