H & H Dumpster Company, LLC Terms & Conditions

H & H Dumpster Company, LLC Terms & Conditions

By requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages from H & H Dumpster Company, LLC ("H & H Dumpster Company," "we," "us," "our") through H & H Dumpster Company’s messaging platform (“Platform”), you accept these Terms & Conditions (“Opt-In”). H & H Dumpster Company, LLC is a female-owned and family-operated waste management dumpster company located in Rootstown, OH, serving Portage, Summit, Mahoning, and Stark Counties.

Notice Regarding Dispute Resolution: This Agreement contains provisions that govern and limit how claims you and H & H Dumpster Company 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 H & H Dumpster Company 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 H & H Dumpster Company 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 H & H Dumpster Company 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 H & H Dumpster Company’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 H & H Dumpster Company may provide, you may receive one or more welcome messages or administrative messages, such as (in some cases) 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, H & H Dumpster Company may send multiple, recurring messages and frequency may vary. H & H Dumpster Company may terminate any messaging services or your participation in it at any time with or without notice.

• Your opt-out request may generate either a confirmation text or a texted request to clarify the Text Message Service to which it applies. To complete your opt-out, please provide the requested clarification.

• You consent to the handling of your information as described in our Privacy Policy. To contact H & H Dumpster Company customer service, you can reach us via the contact information provided below.

• You may text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to opt-out of messages or for additional help, text HELP. You understand and agree that any other method of opting out, including texting words other than those listed or verbally requesting removal from our list, 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 the details provided below.

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.

• 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 our contact information below. The arbitration will be conducted by the American Arbitration Association under its rules.

• You and H & H Dumpster Company 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.

• If for any reason a claim proceeds in court rather than in arbitration, you and H & H Dumpster Company each waive any right to a jury trial, unless such waiver is unenforceable.

• You and H & H Dumpster Company also both agree that you or we may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.

• These dispute resolution provisions shall survive any cancellation or termination of your agreement to engage with the Platform.

Limitations; Restrictions; Miscellaneous

• THIS PLATFORM AND ALL CONTENT PROVIDED IN CONNECTION THEREWITH IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. All warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, completeness, merchantability, fitness for a particular purpose, any warranties that may arise from course of dealing, course of performance, or usage of trade, and any other warranties are hereby expressly disclaimed to the fullest extent permissible under applicable law.

• If you intend to stop using the mobile telephone number that has been used to subscribe to the Platform, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will opt-out of the Platform using the process set forth above prior to ending your use of the mobile telephone number. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us as a result of claims brought by individual(s) who are later assigned that mobile telephone number.

• YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDE.

• You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction.

• You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: (a) any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; (b) objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (c) pirated computer programs, viruses, worms, Trojan horses, or other harmful code; (d) any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; (e) any personal information or any content that implicates and/or references protected personal information, including information that is protected by the Health Insurance Portability and Accountability Act or the Health Information Technology for Economic and Clinical Health Act; and (f) any other content that Applicable Law prohibits in the jurisdiction from which the message is sent.

• We reserve the right to change these Terms & Conditions from time to time. Any updates to these Terms & Conditions shall be communicated to you. By continuing to participate in the Platform after any such changes, you accept these Terms & Conditions, as modified.

Contact Information: To contact H & H Dumpster Company customer service, for help with messages, or any other inquiries related to these Terms & Conditions, you may use the following:

• H & H Dumpster Company, LLC

• Address: 4627 Lynn Road, Rootstown, OH 44272

• Phone: 330-842-9059 or 330-677-0627

E-Mail: hhdumpstercompany@gmail.com