Dumpster350.com ("Company," "we," or "us") provides access to information through our website accessible at the URL https://www.dumpster350.com/ (the "Site") and we may provide the ability to use certain functionalities of the Site or provide services of various kinds (the "Services"). The Site and Services are made available to you only under the following terms and conditions (the "Terms").
PLEASE READ THE TERMS CAREFULLY. BY USING THE SITE OR SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, AND (iv) YOU ARE LEAST 18 YEARS OLD. NOTE THAT YOU MAY NOT USE THE SITE OR SERVICES UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING AND UNABLE TO GRANT YOU ACCESS TO THE SITE OR THE SERVICES.
Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to (a) access and use the Site and Services and (b) download, install and operate any software (in object code form only), scripts and other content that we may from time to time have specifically identified within the Site as available for download ("Downloadable Tools") (if any). The Downloadable Tools are deemed part of the "Service". Your use of any Downloadable Tools may be subject to additional terms and conditions that accompany such Downloadable Tools.
The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Service to any third-party. You may use the Site and the Services (including the Downloadable Tools) only for your personal, non-commercial purposes. You further agree not to combine or integrate the Site and the Services (including the Downloadable Tools) with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the Site, the Site and the Services (including the Downloadable Tools). You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and the Services (including the Downloadable Tools) is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. Except as expressly stated herein, no part of the Site or Services (including the Downloadable Tools) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms. You agree not to use the Site and the Services (including the Downloadable Tools) to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.
You may be able to access websites, content, products or services provided by third-parties through links that are made available on the Site. We refer to all such websites, content, services and products as "Third-Party Offerings." For example, we may permit third parties to advertise their products and services on the Site, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.
As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site and the Service (including the Downloadable Tools), and all related intellectual property rights, other than User Content. Company and its suppliers reserve all rights not granted in these Terms. Unless you first obtain the copyright owner's prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services. If you provide Company any feedback or suggestions regarding the Site or Services ("Feedback"), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
Copyright © 2016, Dumpster350.com. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Site or Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
All products listed on the Site ("Products"), their descriptions, and their prices are each subject to change. Company reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product (except as set forth in Section IV). In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge.
When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. In the event that you are purchasing a gift order, you will be required to accurately provide the gift recipient's name and shipping address. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.
For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order ("Product Price"), the delivery fees for the delivery service you select ("Delivery Fees"), and any applicable Taxes (defined below). You will be solely responsible for payment of all taxes (other than taxes based on Company's income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase ("Taxes") not withheld by Company. All payments are non-refundable (except as expressly set forth in this Section II). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts. Acceptable forms of payment are Visa, MasterCard, American Express, JCB, Discover, and Diners Club credit and debit cards.
Any delivery times provided by Company are estimates. Currently, we deliver within the Warwick, NY and Greenwood Lake, NY areas only.
Any Product that is offered subject to a limit in terms of length time of use of or amount or condition of use (collectively, "Limits") shall be subject to this Overages Policy. Should you exceed the Limits posted in the description of the product, you will be charged any for any excess amounts including any applicable taxes, fees, etc. as set forth in II.C.
The service, the site (including the downloadable tools), all information, content, materials and services related to the foregoing, and the products are provided "as is" and "as available" and to the fullest extent permissible under applicable law, we and our affiliates disclaim all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, non-interference, system integration and accuracy of data. applicable law may not allow the exclusion of certain implied warranties, so the above exclusion may not apply to you. We and our affiliates do not warrant that your use of the site or service will be uninterrupted, error-free or virus free. The submission of any user content and the download or upload of any material through the our service and/or site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that may result from the download or upload of any such material or from reliance upon the site or services, and you are advised to maintain offline backup copies of all user content. We are not the provider of, and make no warranties with respect to, any third-party offerings. We do not guarantee the security of any information transmitted to or from the site or service; and you agree to assume the security risk for any information you provide using the site or service. No representation or warranty is made that the site or services provide comprehensive or accurate information. we reserve the right to filter, modify or remove content, media, information or any other material from the site or services and from the output of the site or services. You understand that we have developed our technologies to find information that we believe will be most relevant and interesting to you. Accordingly, we may in our discretion filter out links to content aggregators, search engines or other online services whose technologies and services, in our opinion, are inconsistent with these objectives.
Use of our service, the site (including any downloadable tools), and/or the products are at your own risk. In no event will we or our affiliates be liable for any indirect, incidental, consequential or special damages in connection with these terms, the service, the site, or the products, whether or not such damages were foreseeable and even if we were advised that such damages were likely or possible. in no event will our aggregate liability to you for any and all claims arising in connection with these terms, the service, the site, or the products exceed the greater of (1) fifty dollars (U.S. $50.00) or (2) the amounts you have paid to company in the prior 6 months hereunder.
You acknowledge that this limitation of liability is an essential term between you and us relating to the provision of the site, the service (including any downloadable tools), and the products to you, and we would not provide the site or service or products to you without this limitation.
The limitations or exclusions of warranties and liability contained in these terms do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business. The limitations or exclusions of warranties and remedies contained in these terms shall apply to customer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where customer is located. If applicable law requires any warranties with respect to the product, all such warranties are limited in duration to ninety (90) days from the date of delivery. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
You agree to indemnify, hold harmless and, at our option, defend our company (including our affiliates, officers, directors, employees, agents, licensors, suppliers and any third-party information providers) from and against all damages, claims, demands, liabilities, costs, and expenses, including reasonable attorneys' fees, resulting from any violation of these terms or applicable law or your user content.
These Terms will become effective and binding when you use the Site or Service, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled "I Agree") (which ever occurs first). We reserve the right to terminate these Terms and your access to the Site and the Service at any time without notice. If we have suspended or terminated these Terms, the Site, or the Service other than for your breach of these Terms, we will refund you a pro-rata share of any amounts you have pre-paid for a Subscription to the Service (if any). Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. The provisions of sections I.C, I.D, I.E, II.A, III, and IV will survive the termination of these Terms.
We may change these Terms from time to time. If you purchase a Product, it is your responsibility to review these Terms periodically on the Site, and if at any time you find these Terms unacceptable, you must immediately cancel your order. (Prepaid or Gift Subscription payments will not be refunded in this or any other case). Your continued payment for a Product after any such changes constitutes your acceptance of any new Terms. New Terms will only apply proactively to products or subscriptions purchased after the date we post the new Terms.
We reserve the right to modify the Site and/or Services at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using the Site and Service, terminate your Subscription for a pro-rata refund of any amounts you have pre-paid for the Subscription (if any), or not renew the Subscription (if applicable). Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services, except and if otherwise expressly set forth in Section IV.
You agree to comply with all laws, rules and regulations that apply to your use of the Site, the Services (including the Downloadable Tools) and the Products. Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word including means including without limitation. These Terms constitute the entire agreement between you and us with regard to the matters described above. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Business Name: Dumpster350.com
Phone: (845) 477-2022
Legal Contact: Kevin Kelly
Physical Address: 18 Elm Street, Greenwood Lake, NY 10925
Email: kwwcc@aol.com