Terms and Conditions. United States.
READ THE FOLLOWING TERMS CAREFULLY. THE CONTAINER AND OUR SERVICES ARE PROVIDED TO YOU SUBJECT TO THESE TERMS. USE OF THE CONTAINER OR ANY The Flex Dumpster SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS. These terms and conditions (“Terms”) govern the relationship between you, The Flex Dumpster, LLC or any affiliate thereof collectively referred to herein as The Flex Dumpster and any distributor from whom you may have purchased the The Flex Dumpster bag (the “Container”) from (“Distributor”). You must read and agree to the following Terms. If you do not accept these Terms, our services may not be used by you. The Flex Dumpster offers the Container for the removal and disposal of certain types of household debris (the “Debris”). See The Flex Dumpster Filling guidelines on the The Flex Dumpster “Products and Services”.
RETURN POLICY — ALL SALES ARE FINAL. No refunds, no returns, no exchanges.
USE OF CONTAINER — You are responsible for compliance with all state, Federal and local laws, rules and regulations, and for properly using, and loading the Container in accordance with the instructions on the product package, on the Container itself, and those set forth on the The Flex Dumpster Web Site from time to time. The Container is to be filled and stored while on the ground. You may only use the Container for items permitted in the Instructions on the The Flex Dumpster bag and the Filling guidelines on the The Flex Dumpster Web Site. You are responsible for the contents of the Container (including hazardous waste). You may only use the Container as permitted in the instructions included with the Container. Collection and disposal fees are not included in the purchase price of the Container. You are responsible for all collection and disposal fees. Except as expressly set forth in these Terms, The Flex Dumpster has no other obligation, express or implied, to provide additional services or products to you or your customers, including but not limited to loading, collecting or disposal relating to the Container. In the event that you do not follow these Terms or any other instructions provided by The Flex Dumpster, The Flex Dumpster reserves the right to reject and not collect the Container.
REVIEWS AND Q&A — Comments posted should relate to the subjects covered on this Web Site. All comments will be reviewed, and any that are off-topic, inappropriate, or offensive will be removed. Comments posted to this Web Site do not represent the opinions of The Flex Dumpster.
DISCLAIMER OF WARRANTY — THE CONTAINER IS PROVIDED “AS IS, WHERE IS” AND The Flex Dumpster AND ITS SUPPLIERS AND SHIPPERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Flex Dumpster.com AND ITS SUPPLIERS, OFFICERS, AGENTS, AFFILIATES, SHIPPERS, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO THESE TERMS OR THE CONTAINER OR SERVICES RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR COMPENSATORY, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE CONTAINER AND SERVICES RENDERED. IN NO EVENT SHALL The Flex Dumpster BE RESPONSIBLE FOR YOUR INABILITY TO PROCURE COLLECTION OR DISPOSAL OF THE CONTAINER.
DIFFERENT OR ADDITIONAL TERMS — Acceptance of your offer to purchase the Container is expressly made conditional on assent to the Terms provided herein. Any additional or different terms or conditions contained in any document furnished by you, including but not limited to any acknowledgment, are hereby objected to and rejected byThe Flex Dumpster. Your use of the Container will constitute acceptance of these Terms without change.
INDEMNITY/RELEASE — You will indemnify, defend (at The Flex Dumpster option), and hold harmless, The Flex Dumpster and its parent, subsidiaries, affiliates, and directors, shareholders, agents, carriers, shippers, couriers, and employees thereof (each of them “Indemnitees”), from and against any fine, penalty, loss, cost, damage, injury, claim, expense, including reasonable attorneys’ fees, or liability (individually and collectively “Liabilities”), including, but not limited to, Liabilities associated with or arising out of material in the Container, improper packaging of the Container, environmental matters, shipment of unauthorized materials, failure to follow The Flex Dumpster instructions included with the Container or on the Web Site, or a breach of any warranty, representation or covenant by You even if negligence of The Flex Dumpster is alleged to have caused or contributed to the Liabilities. Use of the Container is at your sole risk and you agree to release, waive and discharge the Indemnitees from any Liabilities. This Section will survive any termination of the parties’ relationship.
ENTIRE AGREEMENT, CONSTRUCTION — The Terms constitute the entire agreement between you and The Flex Dumpster with respect to the purchase and use of any Container or services superseding all prior communications, agreements or correspondence between us or our representatives; provided, however, obligations which apply to your use of the Container set forth on or in the Container, the package in which the Container is sold or on the Web Site from time to time, such as shipping instructions and any updated Terms, are hereby incorporated herein. It is your obligation to check and be aware of such obligations when receiving, using, and disposing of the Container. No provision of the Terms shall be added or deemed waived, amended, or modified by you. The heading or subheadings of paragraphs contained in these Terms are used for convenience and ease of reference and will not limit the scope or intent of the clause. The laws applicable to these Terms will be the laws of the State of Texas without regard to its conflict of laws. If either party commences suit, action or other legal proceeding against the other that relates to these Terms or any Container or services, the forum for the same, including without limitation the forum of the trial, will take place only in Harris County, Texas. Both parties agree to accept the exclusive jurisdiction of such courts and both parties waive any objection to venue in such courts. Each provision of these Terms will be interpreted so as to be valid under applicable law. If any provision of these Terms is found invalid, to the extent possible, it will be amended in such a manner that the invalid provision will be made valid under applicable law without invalidating the remainder of that provision or any other provisions of these Terms.
CANCELLATION POLICY FOR COLLECTION SERVICE — If you need to cancel your scheduled collection, we require notification within one (1) business day of your scheduled collection.
LEGAL NOTICE — The The Flex Dumpster bag is provided by The Flex Dumpste. Collection services provided by a local operating subsidiary of The Flex Dumpster, Inc. or a contracted third party licensed where required by law. The Flex Dumpster, Dumpster in a Bag, BUY. FILL. GONE., and Take It On are marks of The Flex Dumpster.
