TERMS & CONDITIONS

Dumpster Rental Service Agreement

This Dumpster Rental Service Agreement, together with the invoice included with such Agreement and the items and conditions attached hereto (collectively, this "Agreement"), by and between the Contractor located at the address listed in such invoice and the Customer listed under the Bill To section, hereby agrees to the Summary of Work and the Line Items described in such invoice and the following:

Prohibited Waste

• Hazardous Waste
• Tires
• Batteries
• Asbestos
• Medical Waste
• Flammable Materials
• Appliances containing Freon
• Liquids
• Any restricted landfill items

Ways to Incur Additional Fees

• Prohibited Waste Fee will apply for each item of Prohibited Waste deposited in the equipment.
• Overweight Fee of $0.11/lb. will apply if the dumpster contents weigh more than the weight allowance.
• Extra Day Fee will apply for each day that the dumpster rental exceeds the last date included in the Rental Date.
• Dry Run Trip Charge will apply if dumpster is unable to be delivered or picked up, including weather related issues, blocked, overfilled, or turn away of dumpster.
• Cancellation Fee will apply if the order is cancelled after ordered.
• If an order is cancelled on the same day as scheduled delivery, a Dry Run Trip Charge will apply.

This transaction made between Contractor and Customer is expressly limited to and made conditional upon Customer's assent to and acceptance of this Agreement, including the terms and conditions attached hereto, and as set forth in any related rental document, including, but not limited to, the following provisions:

1. Services Rendered. Customer grants to Contractor the exclusive right to collect and dispose of all of Customer's Waste Materials (as defined below) and agrees to make payments to Contractor as described herein, and Contractor agrees to furnish the services and equipment specified above.
2. Term; Termination. The initial term ("Initial Term") of this Agreement shall be through the last date included in the Rental Date, except for Articles 4, 5, 7-11, 13 and 15-20 which shall expressly survive the expiration or termination of this Agreement.
3. Waste Materials. The waste materials to be collected and disposed of by Contractor pursuant to this Agreement consist of all solid waste generated or collected by Customer at the location specified on the first page of this Agreement (the "Waste Materials").
4. Title. Title to and liability for any Excluded Waste shall remain with the Customer, and Customer expressly agrees to defend, indemnify and hold harmless Contractor from and against any and all damages, penalties, fines, liabilities and costs (including reasonable attorney's fees) resulting from or arising out of such Excluded Waste.
5. Payments. Customer agrees to pay Contractor for the services and/or equipment furnished by Contractor in accordance with the charges and rates provided for in the Rental Documents.
6. Service Changes and Amendments. Changes to the type, size and amount of equipment, the frequency of service, and corresponding adjustments to the rates, may be made by agreement of the parties, evidenced orally, in writing, or by the practice and actions of the parties, without affecting the validity of this Agreement.
7. Responsibility for Equipment. Any equipment furnished hereunder by Contractor shall remain the property of Contractor; however, Customer acknowledges that it has care, custody, and control of the equipment while at Customer's location and accepts responsibility for all loss or damage to the equipment.
8. Cancellation Fees. If Customer defaults or attempts to cancel Contractor's services under this Agreement prior to termination of this Agreement, Customer shall pay all past due sums, the Cancellation Fee, the Dry Run Fee (if applicable), and the amounts owed for the remainder of the Initial Term.
9. Attorney's Fees. If Customer defaults or otherwise breaches this Agreement, Customer shall pay, to the extent permitted by law, all of Contractor's reasonable attorney's fees and costs Contractor incurs to enforce its rights against Customer for cancellation of this Agreement.
10. All Other Fees. Customer agrees that, in accordance with the stipulations of this Agreement, it shall be responsible for and will ensure the full payment of all additional fees payable under this Agreement, including but not limited to the fees enumerated above.
11. Breach, Suspension and Termination for Cause. If either party is in breach of this Agreement during the Term, the other party may suspend its performance hereunder until such breach has been cured, or terminate this Agreement.
12. Indemnification. Customer agrees to indemnify, defend and hold harmless Contractor, including its officers, directors, members, employees, agents, affiliates, subsidiaries, successors and assigns, from and against any and all claims, counterclaims, suits, demands, actions, causes of action, and damages.
13. Permits. Customer 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.
14. Waiver; Limitation of Liability and Disclaimer of Warranties. Except in the event of the gross negligence or intentional misconduct of Contractor, Customer hereby waives any and all claims and losses against Contractor related to the Agreement.
15. Assignment. Customer shall not assign this Agreement without the prior written consent of Contractor. Contractor may assign this Agreement to successors or assigns, including any successor by merger, consolidation, reorganization, or an entity that acquires all or substantially all of the assets of Contractor.
16. Entire Agreement. This Agreement represents the entire understanding and agreement between the parties hereto concerning the matters described herein and supersedes any and all prior or contemporaneous agreements, whether written or oral, that may exist between the parties regarding the same.
17. Nonpayment Remedies. In the event Customer fails to pay any amount due under this Agreement, including but not limited to the Overweight Fee, Extra Day Fee, Prohibited Waste Fee, Dry Run Trip Charge, or Cancellation Fee, within 1 days of invoice, Contractor may, in addition to any other remedy available under this Agreement or at law: (a) suspend or refuse further service to Customer, including under any other active or future agreement, until the account is brought current; (b) refer the outstanding balance to a third-party collection agency and/or report the delinquency to consumer or commercial credit reporting agencies; (c) where permitted under applicable state law, file a lien against the property where services were rendered for the amount of the unpaid balance; and (d) charge interest on any unpaid balance at the rate of 5% per month, (e) return debris to project address, or the maximum rate permitted by law, whichever is less, until paid in full.
18. Chargebacks. Customer agrees not to dispute or initiate a chargeback for any charge that reflects services actually rendered, equipment actually delivered, or fees actually incurred under this Agreement. Should Customer initiate a chargeback, dispute, or reversal of any such charge with their card issuer or financial institution, Contractor may treat such action as a material breach of this Agreement. Customer shall remain liable for the full disputed amount plus any chargeback, dispute, or administrative fees incurred by Contractor as a result, in addition to any remedies available under Article 17.

By requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages from Dumpster Rentals 365 ("Sender", "we", "us", "our") through Sender's messaging platform ("Platform"), you accept these Terms & Conditions ("Opt-In").

Notice Regarding Dispute Resolution: This Agreement contains provisions that govern and limit how claims you and the Sender have against each other are resolved. It also contains an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration and (A) you will only be permitted to pursue claims against the Sender on an individual basis, not as part of any class or representative action or proceeding and (B) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

Opting In

• You authorize Sender to use auto dialer or non-auto dialer technology to send text messages to the cell phone number associated with your Opt-In. You also authorize Sender to include marketing content in any such messages. You do not have to Opt-In or agree to Opt-In as a condition of purchase of any of Sender's offerings.
• You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt-In.
• You consent to the use of an electronic record to document your Opt-In.
• You agree that, in addition to the main messages that Sender may provide, you may receive one or more welcome messages or administrative messages, such as a request to confirm your Opt-In.

About the Text Message Services and Opting Out

• Message and data rates may apply. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate.
• Unless otherwise noted, Sender may send multiple, recurring messages and frequency may vary. Sender may terminate any messaging services or your participation in it at any time with or without notice. These Terms & Conditions still will apply.
• You consent to the handling of your information as described in our Privacy Policy. To contact Sender customer service, email info@dumpsterrentals365.com.
• You may text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to opt out of messages or text HELP for additional help. Any other method of opting out is not a reasonable means of opting out. You may receive an additional mobile message confirming your decision to opt out.
• To request a free paper or email copy of the Opt-In, or to update our records with your contact information, or receive help with any messages, please contact us at info@dumpsterrentals365.com.

Dispute Resolution

• Any dispute or claim arising out of or relating in any way to the Platform will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms & Conditions.
• BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE CONDITIONS OF USE AS A COURT WOULD.
• To begin an arbitration proceeding, you must send a demand to the American Arbitration Association describing your claim and serve a copy of the demand to info@dumpsterrentals365.com. The arbitration will be conducted by the American Arbitration Association under its rules, including the Supplementary Procedures for Consumer-Related Disputes. We will reimburse filing fees (but not attorney's fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous.
• You and Sender each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person.