PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS.
BY ACCESSING OR USING OUR SERVICES (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.
These Terms of Service (“Terms”) apply when you access or use our websites and mobile applications (collectively, the “Site”) owned by Cibolo Creek Services, LLC (“CCS,” “Company,” “we,” “us,” or “our”) and the services, content, and materials made available through our Site (collectively, the “Services”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with the Company for products, services, or otherwise.
We reserve the right to change or modify these Terms at any time and our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending you an email notification, providing notice through the Services, or updating the “Last Updated” date at the top of these Terms. Your continued use of the Services following any notice of the amended Terms will confirm your acceptance of the amended Terms. If you do not agree to the amended Terms, you may not continue accessing or using the Services.
All questions or comments about the Services should be directed to CiboloCreekServices@gmail.com
1. PARAMETERS OF SERVICES:
We accept general construction materials and household trash. We do not accept paint, concrete, shingles, tires, or dirt. We do not accept any hazardous waste as well. Any of this material will incur additional fees. A credit card is required to be held on file until after disposal and you may be charged extra for nonaccepted items or if the dumpster is over the max capacity. Disposal may be refused and dumped on-site if unexcepted items are found in the dumpster. Dumpsters are not to be filled past the max fill line or extra charges may be applied.
These Services are not targeted toward, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older; (b) have not been previously suspended from using the Services; and (c) have full power and authority to enter into these Terms and Conditions, and that, in doing so, you will not violate any other agreement to which you are a party. If you are under the age of 18 and wish to use the Services, please contact CiboloCreekServices@gmail.com to have a parent or guardian provide an agreement to the Terms.
4. TERMS OF SALE.
All sales are final and must be paid in full at the time of scheduling. Additionals fees may apply if over the maximum capacity based on the fill line visible to you.
5. PAYMENT METHODS ACCEPTED.
All major credit cards (American Express, Discover, MasterCard, Visa). Venmo, PayPal and ApplePay.
6. CANCELLATION FEE
All cancellations must be made 48 hour in advance. There is a $100.00 cancellation fee.
7. EXTENDING SERVICE
If you need to extend the time the dumpster/s is available to you. There will be $100.00/day fee unless you purchase an additional weekend or weekly package. Notice to extend must be given 24 hours prior to schedule pick up.
8. LIMITATION OF LIABILITY.
To the fullest extent permitted by applicable law (a) in no event shall the company be liable for any special, indirect or consequential damages, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including as a result of company’s negligence), or otherwise, arising out of or in any way connected with these terms or the use of or inability to use the services, and (b) in no event shall the aggregate liability of the company, whether in contract, warranty, tort (including as a result of company’s alleged negligence), product liability, strict liability, or other theory, arising out of or relating to these terms or the use of or inability to use the services exceed any compensation you pay, if any, to company for access to or use of the services.
You acknowledge and agree that company has offered the services, set its prices, and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth in these terms, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and company. Company would not be able to provide the services on an economically reasonable basis without these limitations.
You agree to defend, indemnify and hold harmless the Company, our independent contractors, service providers and consultants, and our and their respective directors, officers, employees, and agents (collectively, the “Company Parties”) from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Services, (b) any Feedback you provide, (c) your breach of any of these Terms, or (d) your violation of the rights of any third party.
10. NO CLASS ARBRITRATIONS, CLASS ACTIONS, OR REPRESENTATIVE ACTIONS
You and the Company agree that any Dispute arising out of or related to these Terms or the Services is personal to you and CCS and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and the Company agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and the Company agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
11. FEDERAL ARBITRAION ACT.
You and Company agree that these Terms affect interstate commerce and that the enforceability of this Section 10 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
12. CUSTOMER SERVICE.
If you have questions or comments regarding Cibolo Creek Services, LLC products and services, please email us at CiboloCreekServices@gmail.com.