Last updated: February 8, 2015
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the Thumbster mobile application (the “Service”) operated by Thumbster LLC. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Legally Binding Agreement
By using or engaging in our service(s), you hereby acknowledge and agree to the terms and conditions below. Thumbster LLC takes all waste service orders through our Mobile Applications (Android & Apple) or over the phone. Therefore, we are unable to obtain a written and/or signed service agreement. For all intents and purposes regarding financial and/or legal issues, the terms and conditions found here shall constitute a legally binding service agreement and shall have the same force and effect as a signed service agreement. IF YOU DO NOT AGREE WITH THESE TERMS AND OR CONDITIONS, PLEASE DO NOT USE OUR SERVICE(S).
All waste container rentals are subject to the following terms and conditions:
3rd Party Service
You acknowledge that Thumbster L.L.C., it’s mobile applications and website, act as a 3rd party broker or middleman between you the customer and the waste service provider. Thumbster L.L.C. does not deliver, pick up or service any containers or dumpsters at the customer’s site. If any damages occur, Thumbster L.L.C. shall be held harmless and the customer must deal with the actual dumpster company that provided the dumpster/container for any reconciliation, financial reimbursement, financial retribution, settlement, or other issue directly related to the dumpster company.
Terms & Conditions and Prohibited Material
Please do not exceed your weight limit; fees will apply if and when weight limits are exceeded. A fee of forty five to one hundred and fifty dollars per ton will be charged for any weight beyond your allowed tonnage limit. The actual fee will be determined based on your service area. Please do not overload the container. The dumpster contents should not exceed “water level” at the top of the container. “Water level” means the contents of the container should not extend past the top of the container. The contents should not be heaped up or hang out over the side(s) of the container. There will be a service charge for driver delay, inaccessible drop-off or pick-up and container dig-out. An additional rate will be charged for any tires, stumps, or railroad ties found in the containers. No flammable, toxic, and/or hazardous material, thinners, lacquers, paints, paint filters, solvents, oils, oil filters, contaminated absorbents, asbestos, batteries, infectious waste, contaminated soils, fuels, inks, resins, car tires, car batteries, food wastes, adhesives or industrial drums to be placed in container. Any item containing refrigerant must be evacuated according to federal law before disposal.
Waiver of Liability
Thumbster L.L.C. shall NOT be responsible for ANY DAMAGES to customer’s pavement, curbing or any other driving surfaces resulting from the dumpster provider’s service at the customer’s location. Thumbster L.L.C. shall not be responsible for any damages to the customer’s property including but not limited to driveways, walkways, structural damages and landscaping and lawn. Thumbster L.L.C. act’s as a 3rd party broker or middleman between the customer and the dumpster provider. Thumbster L.L.C. does not deliver, pick up or service any containers or dumpsters at the customer’s site. If any damages occur, Thumbster L.L.C. shall be held harmless and the customer must deal with the actual dumpster company that provided the dumpster/container for any reconciliation, financial reimbursement, financial retribution, settlement, or other issue directly related to the dumpster company.
Thumbster L.L.C. charges a fee for unsuccessful container pick-up or drop-off attempts. When this happens, we call this a “trip” charge. When a container is unable to be dropped off or picked up due to the following reasons, a fee is charged to the customer. Valid reasons for us to charge a client the dry run fee include but are not limited to; overloaded containers, low laying power lines or tree branches, cars or any items or materials blocking access to pick up or drop off a container, door open on a container, material heaped up or hanging over the sides of the container, containers that are too heavy to be removed, locked gates or fences, inaccessible driveways or parking lots for any reason(s) out of our control. The trip charge is $150. This fee covers drivers pay, fuel, and time for re-routing the drivers planned schedule which takes an immense amount of work.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Pricing through our mobile application “Thumbster” on Android marketplace and The Apple store or online at www.thumbsterapp.com is for the service of waste removal. You as the user acknowledge and understand that our pricing is subject to change with or without prior written notice before an order is placed. Thumbster will not change pricing on a current order placed by a user. User acknowledges and understands that pricing is up-front and well detailed when placing an order. User acknowledges and understands that additional charges will be applied to the payment method on file for any conditional fees, overages or fines imposed by the landfill or transfer station. All fees, overages and fine pricing is detailed and well documented when agreeing to place an order through our mobile application. If overages or fine amounts are not present when placing an order, it is your responsibility as the user to notify Thumbster prior to placing the order.
Credit Card Authorization
Due to the fact that we accept payment via credit card through our mobile applications and over the phone prior to delivery of the container(s) and due to a certain level of uncertainty, because fees and or charges can apply after the initial dumpster order, you agree and give authorization to Thumbster LLC. to retain your credit card information for up to 120 days beyond the last day of your container rental and to charge your credit card for any fees or charges that may apply which are covered in the terms and conditions above.
Cancellations & Refunds
If you choose to cancel an order, you may incur a cancellation fee. In order to cancel an order for a full refund, you must cancel by either calling, emailing or pressing cancel order under the “Manage Orders” tab in the “Thumbster” mobile application by 5:00 PM local time the day prior to your requested service day.
If you choose to cancel between 5:00 PM local time the day prior and before 8:00 AM local time the day of your requested service, you will be charged a $100 cancellation fee. Any order cancelled after 8:00 AM the day of service will be deemed non-refundable due to the legally binding agreement Thumbster L.L.C. enters into with the waste provider on your behalf. See “Delivery and Pickup Service” section below for more detail.
Delivery and Pick Up Service
We make every effort possible to ensure timely and reliable delivery and pick up of containers. However, due to circumstances beyond our control, we cannot and do not guarantee delivery times or dates. Inclimate weather, hazardous roads and driving conditions, traffic delays, motor vehicle accidents, delays at landfills, equipment failure, etc., happen occasionally and we cannot be responsible for these delays.
We CANNOT and DO NOT guaranteed next day service for deliveries or pickups. It may take up to 72 hours to service your dumpster depending on all of the above circumstances and how busy the waste providers schedule is. If you do not agree to these terms, please do not use our service. We cannot and will not be held responsible for overweight or overloaded dumpsters. In these situations, we do not refund or credit any amount of money. Again, if you do not agree to these terms, please do not use our service. By using our services, you hereby acknowledge and agree to these terms and conditions.
If it rains, snows, sleets, hails, etc. while the dumpster is in your possession, please understand we have no control over these acts of God. This may affect the weight of your dumpster. We do not have in our possession or at our disposal any tools or technology to prevent rain, snow, etc. from entering your dumpster. You have the option to place a tarp or sheets of plywood or any other type of barrier over the dumpster opening to prevent the entry of rain or snow.
Additionally, the dumpsters are NOT water-tight and will not hold water beyond the saturation of materials in the dumpster and/or a minimal pooling on the floor of the dumpster.
Please understand that our company has to pay the landfill for the disposal of the contents of your dumpster. We are charged based on weight and if a dumpster is heavier because of water saturation, we still have to pay the landfill too.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of Thumbster LLC. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Thumbster LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Thumbster LLC.
Thumbster LLC. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Thumbster LLC. 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Thumbster LLC. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Thumbster LLC., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Thumbster LLC. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Georgia, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at [email protected]
Mailing Address: 816 Colston Road. Marietta, GA 30064