Disclaimers
YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS,” AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, INFRINGEMENT OF PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, ARE DISCLAIMED. IN NO EVENT SHALL 1-877-Dump-A-Junk BE LIABLE IN CONTRACT, TORT, OR OTHERWISE FOR ANY DIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR, RESULTING FROM, OR IN CONNECTION WITH, THE USE, REPAIR OR PERFORMANCE OF PRODUCTS PURCHASED THROUGH THIS WEB SITE OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES. THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND 1-877-Dump-A-Junk AND ITS AFFILIATES DO NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.
THE FOREGOING DISCLAIMERS OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW WE, ON BEHALF OF OUR PARENTS, AFFILIATES, DIRECTORS, OFFICERS, FRANCHISEES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; LOSS OF USE OR DATA; LOSS CAUSED BY A VIRUS OR THE LIKE; LOSS OF INCOME OR PROFIT; LOSS OF OR PROPERTY DAMAGE; THIRD PARTY CLAIMS; OR OTHER LOSSES, EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE.
YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
This Site gives you specific legal rights, and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions.
In such a case, the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Texting
You understand and agree that our text messaging program is considered an “other application” under these Terms of Use.
Message frequency may vary. Based on consent provided, messages may include marketing, promotional, and or transactional messages. We do not share your SMS opt-in data and consent with third parties for their own marketing purposes. You can unsubscribe at any time by replying STOP. For assistance, reply HELP or visit 1-877-Dump-A-Junk.com/privacy-policy. Your consent to receive text messages is not required to make a purchase. Message and data rates may apply. Please contact your wireless carrier for information about your messaging plan.
Our franchisees are independently owned and operated businesses. These terms do not apply to unapproved text messaging programs. If you are receiving text messages from a franchisee, you may need to opt out of them directly. Each franchisee is solely and independently responsible for its legal and regulatory compliance.
You represent that you are the owner or authorized user of the wireless device you use to subscribe to the service, and that you are authorized to approve the applicable charges.
We will not be liable for any delays or failures in your receipt of any SMS or MMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS and MMS message services are provided on an AS-IS basis.
The service and the content and materials received through the service are proprietary to us or our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with or disrupt the service or its functionality.
The service is available only in the United States.
Carriers are not liable for delayed or undelivered messages. Message content may not be available on all carriers.
We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. We may discontinue the service at any time.
Links to Third-Party Websites
This Site may provide links to other websites operated by third parties (i.e., social media websites, vendor pages, websites of other corporations, limited liability companies, etc.). We have no control over third-party websites; we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites.
1-877-Dump-A-Junk 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend, or discontinue, temporarily or permanently, this Site (or any portion thereof) and/or the information, materials, products, and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of this Site.
Waiver
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing.
Unless the written waiver contains an express statement to the contrary, no waiver by of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Use will remain in full force and effect.
Governing Law, Jurisdiction, and Venue
These Terms of Use will be governed under the laws of the State of Texas without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in state or federal court in the City of Waco and County of McLennan, Texas. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe an infringement of these Terms of Use is taking place or originating.
Indemnity
You agree to indemnify, defend and hold harmless 1-877-Dump-A-Junk, its parents, subsidiaries, franchises and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another.
By installing any third-party application, you are authorizing such third-party application to perform the actions and/or share with the third-party application the information communicated to 1-877-Dump-A-Junk or requested from 1-877-Dump-A-Junk to perform the actions and/or share with the third-party application the information communicated to 1-877-Dump-A-Junk or requested from 1-877-Dump-A-Junk. 1-877-Dump-A-Junk is going to send that information through the third-party application, which will then go through the internet. 1-877-Dump-A-Junk shall not be held responsible for any dissemination, use, misuse, and/or disclosure of the user’s information through use of this or any third-party application.
These Terms of Use May Change
These Terms of Use are current as of the effective date set forth above. 1-877-Dump-A-Junk reserves the right to change these Terms of Use from time to time, consistent with applicable laws and principles, with or without notice to you. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site. These Terms of Use, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by us without consent or restriction.
Entire Agreement
These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and 1-877-Dump-A-Junk with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and 1-877-Dump-A-Junk with respect to this Site and your use of this Site.
Definitions
The term “Feedback” refers to all the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.
The term “including” means “including, but not limited to.”
The term “Site” refers to any online or mobile website owned or operated by 1-877-Dump-A-Junk or its affiliates, on which these Terms of Use are posted.
The term “User-Generated Content” or “UGC” means all the text, photographs, images, illustrations, graphics, sounds, video, and audio-video clips, and other content you post using functionality on this Site that allows you to publicly post that content, communicate with other users, or otherwise engage in social networking activities and that does not constitute “Feedback.