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Terms and Conditions

Terms and Conditions 

  

Agreement between User and www.dumpstergard.com 

Welcome to www.dumpstergard.com. The www.dumpstergard.com website (the "Site") is  comprised of various web pages operated by DumpsterGard, LLC ("DumpsterGard").  www.dumpstergard.com is offered to you conditioned on your acceptance without modification of  the terms, conditions, and notices contained herein (the "Terms"). Your use of  www.dumpstergard.com constitutes your agreement to all such Terms. Please read these terms  carefully, and keep a copy of them for your reference.  

  

www.dumpstergard.com is an E-Commerce Site.  

  

Provide information about and sell the product "DumpsterGard", a cover system for Roll-Off  Dumpsters  

  

Electronic Communications 

Visiting www.dumpstergard.com or sending emails to DumpsterGard constitutes electronic  communications. You consent to receive electronic communications and you agree that all  agreements, notices, disclosures and other communications that we provide to you electronically,  via email and on the Site, satisfy any legal requirement that such communications be in writing.    

Your Account 

If you use this site, you are responsible for maintaining the confidentiality of your account and  password and for restricting access to your computer, and you agree to accept responsibility for  all activities that occur under your account or password. You may not assign or otherwise transfer  your account to any other person or entity. You acknowledge that DumpsterGard is not  responsible for third party access to your account that results from theft or misappropriation of  your account. DumpsterGard and its associates reserve the right to refuse or cancel service,  terminate accounts, or remove or edit content in our sole discretion.  

  

Children Under Thirteen 

DumpsterGard does not knowingly collect, either online or offline, personal information from  persons under the age of thirteen. If you are under 18, you may use www.dumpstergard.com only  with permission of a parent or guardian.  

  

Cancellation/Refund Policy 

No returns or refunds.  

Shipping Quotes & Charges

Unless otherwise specified, shipping quotes are valid for commercial addresses in the contiguous United States capable of receiving deliveries by tractor/trailer with either a receiving dock or off-loading equipment and manpower. We reserve the right to charge for accessorial charges assessed by carriers for special delivery requirements. 

  

Links to Third Party Sites/Third Party Services 

www.dumpstergard.com may contain links to other websites ("Linked Sites"). The Linked Sites  are not under the control of DumpsterGard and DumpsterGard is not responsible for the contents  of any Linked Site, including without limitation any link contained in a Linked Site, or any changes  or updates to a Linked Site. DumpsterGard is providing these links to you only as a convenience,  and the inclusion of any link does not imply endorsement by DumpsterGard of the site or any  

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association with its operators.  

  

Certain services made available via www.dumpstergard.com are delivered by third party sites and  organizations. By using any product, service or functionality originating from the  www.dumpstergard.com domain, you hereby acknowledge and consent that DumpsterGard may  share such information and data with any third party with whom DumpsterGard has a contractual  relationship to provide the requested product, service or functionality on behalf of  www.dumpstergard.com users and customers.  

  

No Unlawful or Prohibited Use/Intellectual Property  

You are granted a non-exclusive, non-transferable, revocable license to access and use  www.dumpstergard.com strictly in accordance with these terms of use. As a condition of your use  of the Site, you warrant to DumpsterGard that you will not use the Site for any purpose that is  unlawful or prohibited by these Terms. You may not use the Site in any manner which could  damage, disable, overburden, or impair the Site or interfere with any other party's use and  enjoyment of the Site. You may not obtain or attempt to obtain any materials or information  through any means not intentionally made available or provided for through the Site.    

All content included as part of the Service, such as text, graphics, logos, images, as well as the  compilation thereof, and any software used on the Site, is the property of DumpsterGard or its  suppliers and protected by copyright and other laws that protect intellectual property and  proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,  legends or other restrictions contained in any such content and will not make any changes thereto.    

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create  derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.  DumpsterGard content is not for resale. Your use of the Site does not entitle you to make any  unauthorized use of any protected content, and in particular you will not delete or alter any  proprietary rights or attribution notices in any content. You will use protected content solely for  your personal use, and will make no other use of the content without the express written  permission of DumpsterGard and the copyright owner. You agree that you do not acquire any  ownership rights in any protected content. We do not grant you any licenses, express or implied,  to the intellectual property of DumpsterGard or our licensors except as expressly authorized by  these Terms.  

  

International Users 

The Service is controlled, operated and administered by DumpsterGard from our offices within the  USA. If you access the Service from a location outside the USA, you are responsible for  compliance with all local laws. You agree that you will not use the DumpsterGard Content  accessed through www.dumpstergard.com in any country or in any manner prohibited by any  applicable laws, restrictions or regulations.  

  

Indemnification 

You agree to indemnify, defend and hold harmless DumpsterGard, its officers, directors,  employees, agents and third parties, for any losses, costs, liabilities and expenses (including  

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reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or  services, any user postings made by you, your violation of any terms of this Agreement or your  violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  DumpsterGard reserves the right, at its own cost, to assume the exclusive defense and control of  any matter otherwise subject to indemnification by you, in which event you will fully cooperate with  DumpsterGard in asserting any available defenses.  

  

Arbitration 

In the event the parties are not able to resolve any dispute between them arising out of or  concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or  otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved  only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single  neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration  service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's  award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the  event that any legal or equitable action, proceeding or arbitration arises out of or concerns these  Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable  attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and  Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or  indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree  that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The  entire dispute, including the scope and enforceability of this arbitration provision shall be  determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms  and Conditions.  

  

Class Action Waiver 

Any arbitration under these Terms and Conditions will take place on an individual basis; class  arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE  THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S  INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY  PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH  AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE  OTHER. Further, unless both you and DumpsterGard agree otherwise, the arbitrator may not  consolidate more than one person's claims, and may not otherwise preside over any form of a  representative or class proceeding.  

  

Liability Disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR  AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR  TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE  INFORMATION HEREIN. DUMPSTERGARD, LLC AND/OR ITS SUPPLIERS MAY  MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.    

DUMPSTERGARD, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS  ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND  

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ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND  RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE  MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH  INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS  ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.  DUMPSTERGARD, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL  WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,  SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL  IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A  PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  

  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT  SHALL DUMPSTERGARD, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY  DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL  DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT  LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF  OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,  WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE  PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY  INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS  OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF  THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT  LIABILITY OR OTHERWISE, EVEN IF DUMPSTERGARD, LLC OR ANY OF ITS  SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE  SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR  LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,  THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED  WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,  YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.    

 

Termination/Access Restriction  

DumpsterGard reserves the right, in its sole discretion, to terminate your access to the Site and the  related services or any portion thereof at any time, without notice. To the maximum extent  permitted by law, this agreement is governed by the laws of the State of Tennessee and you  hereby consent to the exclusive jurisdiction and venue of courts in Tennessee in all disputes arising  out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does  not give effect to all provisions of these Terms, including, without limitation, this section.    

You agree that no joint venture, partnership, employment, or agency relationship exists between  you and DumpsterGard as a result of this agreement or use of the Site. DumpsterGard's  performance of this agreement is subject to existing laws and legal process, and nothing contained  in this agreement is in derogation of DumpsterGard's right to comply with governmental, court and  law enforcement requests or requirements relating to your use of the Site or information provided  to or gathered by DumpsterGard with respect to such use. If any part of this agreement is  determined to be invalid or unenforceable pursuant to applicable law including, but not limited to,  

the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable  provision will be deemed superseded by a valid, enforceable provision that most closely matches  the intent of the original provision and the remainder of the agreement shall continue in effect.    

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user  and DumpsterGard with respect to the Site and it supersedes all prior or contemporaneous  communications and proposals, whether electronic, oral or written, between the user and  DumpsterGard with respect to the Site. A printed version of this agreement and of any notice given  in electronic form shall be admissible in judicial or administrative proceedings based upon or  relating to this agreement to the same extent and subject to the same conditions as other business  documents and records originally generated and maintained in printed form. It is the express wish  to the parties that this agreement and all related documents be written in English.    

 

Changes to Terms 

DumpsterGard reserves the right, in its sole discretion, to change the Terms under which  www.dumpstergard.com is offered. The most current version of the Terms will supersede all  previous versions. DumpsterGard encourages you to periodically review the Terms to stay  informed of our updates.  

  

Contact Us 

DumpsterGard welcomes your questions or comments regarding the Terms:    

DumpsterGard, LLC  

410 Cobblestone Court  

Nolensville, Tennessee 37135  

  

  

Email Address:  

info@dumpstergard.com  

  

Telephone number:  

888-585-5581  

  

Effective as of May 12, 2023 

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