Terms of Service

dumpstore Inc., and/or its affiliates ("we" or "dumpstore") provide website features and other services to you when you visit dumpstore.ca (the "Website"), use our services, use our mobile application, if any, or use any software or other application we may make available in connection with the foregoing (collectively, "dumpstore Services"). Your use of the dumpstore Services is conditioned upon your acceptance of the terms and conditions set out in this Agreement (this "Agreement").

By using the Website or the dumpstore Services, you agree to these conditions. Please read them carefully. You should also read our Privacy Policy and any other policies posted on our Website (collectively "Policies"), which also govern your use of the dumpstore Services and are incorporated by reference into this Agreement. If you do not agree with this Agreement, do not use the dumpstore or contact our support center.

We reserve the right to make changes to this Agreement and the Policies at any time. We will make a reasonable effort to notify all active Participants (defined below) of material changes made to this Agreement and/or the Policies and the date in which such changes take effect. All modified terms and conditions shall take effect immediately after posting to the dumpstore website, or upon the stated date included within the announcement, if any. It is the Participant's responsibility to review this Agreement and Policies on a regular basis and keep informed of any modifications thereto. We further reserve the right to modify or discontinue any or all dumpstore at any time and without notice and without any liability or responsibility to you.

CERTAIN DEFINED TERMS

• Customer. A person (whether an individual, company or other entity or organization) that arranges to have waste removed by a vendor.
• Vendor. A person (whether an individual, company or other entity or organization) that provides waste removal services to a Customer.
• Participant. A Customer, Vendor or any other user of the dumpstore Website or dumpstore Services shall be collectively referred to herein as a Participant.
• Person. Any individual, company or other entity or organization.

OUR ROLE IN TRANSACTIONS BETWEEN CUSTOMERS AND VENDORS

dumpstore is a Neutral Venue for Customers and Vendors. We are not a broker, Customer, or Vendor, or an agent for any broker, Customer or Vendor. The Website acts as a venue or passive conduit where Customers and Vendors can interact and enter into agreements for the removal of waste from Customer locations. We are not a party to any agreement made between Participants via the Website or other dumpstore software platforms. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website.

No Investigation, Validation or Endorsement; No Agency. We do not pre qualify or validate the claims of Vendors including with respect to their licensure, insurance and registration, or their compliance with any other applicable law or regulation. We do not endorse, recommend or refer any specific Vendor, nor do we have any control or influence over actions or decisions made by Customers or Vendors. All Participants make their own decisions and you acknowledge and agree that we are not in any way arranging junk or waste removal services on your behalf.

No Assurances or Guarantees. Because we are not involved in the actual transactions between Customers and Vendors, we have no control over the accuracy of listings, the availability of Vendors, or the ability of Vendors to remove or transport items. We cannot ensure a Vendor will actually remove the item(s) requested, or that the Vendor will dispose properly of any item(s) actually removed. We cannot and do not guarantee the ability of Participants to complete or fulfill any services booked through the dumpstore platform. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and do not guarantee the verification of any Participant's identity. While we do not obligate ourselves to conduct any identity verification, any identity verification methods that we may employ are strictly on a best efforts basis and should not be solely relied upon by any person. You acknowledge and agree that any and all communications, correspondence, verbal or written or by electronic means, or any warranties or representations, made with regard to the arrangement of junk or waste removal services are not provided by us and are specifically and solely between you and the other dumpstore Participant.

Entry into Agreements. You represent that you are at least 18 years of age and can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement and to any agreements you may enter into using the dumpstore Services. dumpstore Services are not available to temporarily or indefinitely suspended Participants. Your dumpstore account may not be transferred or sold to another party. The dumpstore Services are for waste removal services only; you agree that any services arranged for over the Website or using the dumpstore Services will involve only waste removal services. You are not permitted to use the Website or the dumpstore Services website as a means to sell or market any types of goods or products, unless specifically permitted by dumpstore in a separate writing.

Registration Fees. There is no listing, registration or subscription fees for Customer or Vendor accounts at this time, however, dumpstore reserves the right to establish any such fee or fees in the future.

CUSTOMER SPECIFICS

Customer Acceptance of Vendor Terms. The Vendor's terms and conditions and tariffs apply to your agreement so Customer must read, understand and agree to those terms when booking services using the Website or the dumpstore Services. You are agreeing to the Vendor's terms, conditions and tariffs, and entering into a legally binding agreement with the Vendor, unless the transaction is prohibited by law or by this Agreement. You acknowledge that, unless otherwise noted by the Vendor, arrival and removal dates and times are estimates only and are not guaranteed. Cancellations may be requested by either party prior to services being rendered (see Section "CANCELLATIONS AND CHARGEBACKS" for additional details). A Vendor reserves the right to inspect any item(s) to be removed before accepting them, and to refuse to remove any item prohibited by this Agreement or by law. Reminder: dumpstore does not screen or qualify Vendors for compliance with federal, state or local laws and regulations, including but not limited to Vendor compliance with waste removal, handling and disposal laws and regulations.

Payments from Customers. Payments are facilitated by Stripe Connect.

• Reservations: For many bookings, an authorization hold may be placed on your credit card at the time of booking. This is not an immediate charge, but ensures funds are available.
• Capture: The actual payment is captured by the Vendor (via the dumpstore platform) when the service is confirmed or completed, depending on the Vendor's specific workflow.
• Immediate Payments: For some services, payment may be required in full at the time of booking ("Pay Now").

Credit card information is processed securely by Stripe Inc. and is not stored directly on dumpstore servers. Additional charges, if any, as described in the transaction process as well as in the Vendor's terms and conditions will be charged at appropriate times. Such charges may include overweight fees, extended rental days, or fees for unacceptable materials in the load.

Pricing and Price Changes. dumpstore does not set or control prices offered by Vendors on the Website. The various prices offered for services are based upon Vendors proposed charge and additional fees and charges made by dumpstore. These prices are subject to change but they are locked in via checkout. The prices shown are for the services described and if the Customer requirements are different than the offer of services, the price may change per the Vendors' terms and conditions.

dumpstore Charges (Platform Fees). dumpstore charges a Platform Fee for the use of its technology and services. This fee is typically included in the final price displayed to the Customer or deducted from the Vendor's payout. This fee is non-refundable unless Vendor fails to perform the agreed-to services. Payment processing charges taken by the third-party payment processor (Stripe Inc.) are included in the transaction.

Customer Credit Card. We require that Customers provide us with approval to retain his/her credit card information in our third-party payment gateway system (Stripe Inc.) and to charge the payment method in accordance with our services descriptions and the Vendors' terms and conditions. As an example, in the event that a Customer orders (and pays in advance for) an open-top construction container for disposal of up to 3 tons, but the container actually ends up containing 5 tons, the Vendor will charge for the overage when Vendor dumps the waste at a disposal facility. In that situation, the Vendor will provide a disposal ticket, notify the Customer by email, and the system will charge the payment method on file. If Customer is assessed overage fees for items stated in the Vendor's Terms and Conditions, the Vendor will notify the customer by email and charge the payment method on file for the stated amount plus a transaction fee.

Prohibited Items. Customer may not request services through the Website that would cause any person to violate any applicable law, statute, ordinance, regulation or that requests or would cause a Vendor to transport or dispose of prohibited items. Prohibited items are hazardous or dangerous goods that may pose a danger to health, safety, or property while being transported (such as explosives, radioactive materials, flammable gases and solids, and toxic substances). Hazardous materials that cannot be shipped through the mail or by commercial carrier are not allowed on dumpstore. Full responsibility rests with the Customer to comply with all laws and regulations with respect to listing jobs involving, and requesting, the removal of all item(s).

VENDOR SPECIFICS

Relationship to Vendors. dumpstore agrees that customer information made available to it by or through any Vendor shall be treated as confidential information and held in strict confidence. dumpstore shall protect such information using the same standard of care used to protect its own confidential information and shall not use or disclose such information for any other purpose, including marketing or soliciting for dumpstore's own account.

Vendor Representations. As a Vendor, you must legally be able to remove waste that you agree to remove through the Website or the dumpstore Services. If you provide pricing and terms on the Website for waste removal services, you must also have in place a valid commercial general liability insurance policy with a limit of not less than $1,000,000 for each occurrence and in the aggregate, and by making an offering on the Website you are representing and warranting to dumpstore that you have such a policy. As a Vendor, you must have a valid license to operate the vehicle(s) you intend to use. You agree that it is your sole obligation to comply with all applicable laws, rules, statutes and regulations including without limitation any licensing requirements. You are solely responsible for all aspects of services, pricing and terms you offer to a Customer. You are solely responsible for performing any removal, and are not permitted to subcontract or bid out any removal services to third parties. All rates, services and terms of service are solely provided by the Vendors and not by dumpstore. You understand and acknowledge that all job information is provided by other registered users and dumpstore has no control over or responsibility for the accuracy of this information. You are responsible for reading all of the job details and by booking services on dumpstore you are entering into a legally binding agreement to complete the services as requested by the Customer. All information as provided by Vendor must be accurate, current and complete.

Payments to Vendors. Vendor payouts are processed directly by Stripe Connect to the Vendor's connected bank account.

• Standard Connect: Payouts occur according to the Vendor's specific schedule set within their Stripe Dashboard (e.g., daily, weekly, or manual).
• Platform Fees: dumpstore's Platform Fees are automatically deducted from the gross transaction amount before payout.

CANCELLATIONS AND CHARGEBACKS

Cancellation Requests. A cancellation may be requested by either the Customer or the Vendor after checkout through the dumpstore Website, but before any services are performed. Cancellations should only be requested after reasonable attempts have been made by the Customer and Vendor to reach an agreeable solution and it is certain that the services that were booked on the dumpstore Website must be cancelled. Either the Vendor or the Customer must make the request at least 48 hours prior to the time the dumpster is scheduled to be delivered. Failure to cancel within the time frame set forth herein will result in a $150 charge to the cancelling party's credit card, Vendor account (if applicable) and/or other payment method.

Refunds and Credits. For all cancellations that have been made in a timely basis, the amount charged at checkout (if any) will be refunded to the Customer through the payment method originally used, less a service charge of twenty-five dollars ($25.00). Note that if the booking was a Reservation (Authorization Hold), the hold is simply released, and no refund is necessary as no charge was captured.

Excessive Vendor Cancellations. Vendors that have excessive cancellations after a transaction is booked will be charged a variable surcharge asset set forth below, based on the number of cancellations in the prior 12 months. This surcharge will be deducted from any amounts otherwise due and owing Vendor from dumpstore for other work performed or charged to the Vendor.

Warranted Chargebacks. In situations where a chargeback may be warranted, such as when a Participant feels that their card or payment method has been charged fraudulently, the Participant should first notify dumpstore so that we may investigate the claim to determine if a chargeback is appropriate. If dumpstore determines that a chargeback is appropriate, it will reverse the payment. dumpstore will pursue collection from Vendor for any wrongfully paid sums related to such warranted chargeback. If Participant does not first submit the chargeback to dumpstore for review, it will be deemed unwarranted by dumpstore.

Unwarranted Chargebacks. Unwarranted chargebacks or payment reversals initiated by Participants are prohibited, may result in the suspension of your dumpstore account, and may result in dumpstore pursuing any and all options at its disposal to collect the withdrawn funds including, but not limited to, sending your unpaid account to a third party collections agency.

OUR INTELLECTUAL PROPERTY

Intellectual Property Content. The Website and the dumpstore Services contain copyrighted material, inventions, know how, potential patentable business methods and trade secrets, design logos, phrases, names, logos or applications and code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third-party license, are our sole property and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of the Website and the dumpstore Services including but not limited to its color combinations, sounds, layouts and designs. Your use of the dumpstore Services does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners.

Limited License. dumpstore grants to you a non-exclusive, non-transferable (except as permitted below), world-wide, limited license to make use of the dumpstore Services which you utilize. This license does not include any resale of dumpstore Services, or its contents; any collection and use of any offers, listings, descriptions, or prices; any derivative use of any dumpstore Service or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools.

Reserved Rights and Prohibitions. All rights not expressly granted to you in this Agreement are reserved and retained by dumpstore or its licensors, suppliers, users, rights holders, or other content providers. No portion of any dumpstore Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of dumpstore. You may use the dumpstore Services only as permitted by law and this Agreement.

YOUR USE OF THE WEBSITE AND DUMPSTER MARKET SERVICES

Information You Submit. You solely are responsible for any information you provide to us or other dumpstore Participants in the registration, listing, quotation, or service delivery process, or any other use of the dumpstore. Your personal information and job requirements (for Customers) and any offers (for Vendors) must be true, legal, accurate, and non-fraudulent. You authorize us to use the information you supply to us in connection with the dumpstore website process and in accordance with this Agreement.

No dumpstore Control Over Content. dumpstore and its website act as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that you may post to the Website or the dumpstore that is in violation of this Agreement, illegal, threatening, or lewd. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.

Your Representations Regarding Information You Provide; License. You expressly represent and warrant the following: (1) you are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the Website or the dumpstore; or (2) you are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent required to allow us to use your communication, content and/or information and not violate your rights in the same, you grant to us a royalty free, transferable, worldwide, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information:

• will not violate any international, federal or state law, regulation, rule, or statute;
• will not violate the terms of this Agreement;
• will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights;
• will not contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography;
• will not be libelous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about dumpstore employees, agents, other Participants, or the Website or any of the dumpstore services;
• will not knowingly contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of the Website or the dumpstore services, operation of any of our systems, and/or create or impose a large burden or load on the Website or the dumpstore services;
• will not scan or test the vulnerability or security of the Website or the dumpstore Services or the system within which the Website or the dumpstore Services operate;
• will not be used for commercial or public purposes outside of the requirements of this Agreement;
• will not knowingly create liability for dumpstore through your use of dumpstore's Services;
• will not frame or link to our Services without our written permission; and
• will not knowingly involve the upload, or insertion of, any programming language or code into or onto the Website or the dumpstore Services.

FEEDBACK POLICIES AND OUR LIMITED ROLE IN DISPUTES

Feedback and Ratings. For each dumpstore transaction, the Customer and the Vendor are allowed to rate each other by leaving feedback for one another. Feedback consists of a zero-to-five-star rating, along with a short comment about your experience. Ratings will be cumulative.

Content and Use of Feedback. Feedback consists of comments left by other dumpstore Participants and a composite feedback rating compiled by dumpstore. You agree that you will not use your dumpstore feedback in any venue other than the Website and the dumpstore Services. Participants should always use caution and good judgment when leaving feedback for another Participant because, Participants could be held legally responsible for damages to a Participants' reputation if a court were to find that the remarks constitute libel or defamation. Under federal law (including without limitation the Communications Decency Act), because dumpstore does not censor feedback or investigate it for accuracy, dumpstore is not legally responsible for the remarks that Participants post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback from responsibility for it.

Dispute Resolution – Disputes with dumpstore. Disputes between you and dumpstore regarding our Services should be reported to dumpstore Support. Subject to the requirement that legal disputes must be submitted to arbitration as described below, we will attempt to resolve any disputes you have with us.

Dispute Resolution – Disputes among Participants. Because we are a neutral venue, we are not responsible for resolving any disputes between you and other dumpstore Participants regarding services, and it is the responsibility of Customers and Vendors to resolve all monetary disputes, damage claims, breach of contract claims, or other claims outside of dumpstore. Not as a limitation on the foregoing, if you report a dispute to dumpstore, we will make reasonable efforts to help both parties communicate; however, all disputes must be resolved directly between you and the other Participant.

OUR MOBILE APPLICATION

Usage. If we make available a mobile application, when using the dumpstore Services on a mobile device and/or the dumpstore mobile application, you shall: (a) observe all traffic laws and otherwise drive safely; (b) use your good personal judgment while driving, (c) not interact with the app, unless your vehicle is stationary and legally parked; (d) not use the Website Services for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes.

GENERAL TERMS

No Agency. Your agreeing to be bound by the terms of this Agreement, your provision of services and/or your use of the dumpstore Services, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us.

Release and Indemnity Regarding Disputes among Participants. Should you have a dispute with one or more dumpstore Participants, you release and agree to hold harmless, indemnify and defend dumpstore, LLC and its owners, governing persons, agents, and employees from and against all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes, including without limitation any injuries or damage to property.

Security. dumpstore uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers (SSL). We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of the Website and the dumpstore Services can be interrupted by numerous factors outside of our control.

Limitations of liability. In no event shall dumpstore, its directors, officers, managers, agents, members, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential, or punitive damages (including, but not limited to loss of use, loss of profits, or loss of data), whether in an action in contract, tort (including, but not limited to, negligence), equity or otherwise, arising out of or in any way connected with the use of this site, the materials, or services.

If you do not agree to all of the terms and conditions of this Agreement, you must not use the website or dumpstore Services. By using the dumpstore Services and the website, you acknowledge that you have read and understood the terms and conditions of this Agreement and you agree to be bound by these terms and conditions.