RED-E-BINS BRISTOL TERMS & CONDITIONS

RED-E-BINS TERMS OF USE

The RED-E-BINS website (www.redebins.com) and other RED-E-BINS interactive services (collectively, the “Services”) made available by ARKLift, LLC DBA Red-E-Bins a Tennessee limited liability company (“RED-EBINS”), are subject to these Terms of Use (“Terms of Use”). By accessing and/or using the Services or by registering for a user account (“Account”), you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not continue to access and/or use the Services.

PLEASE REVIEW THESE TERMS OF USE CAREFULLY BEFORE YOU CONTINUE TO ACCESS AND/OR USE THE SERVICES. RED-E-BINS may modify these Terms of Use from time to time and any such modifications shall be e!ective immediately upon posting of the modified version. If you continue to access and/or use the Services
or your Account you accept such modified terms. If you do not agree to such modified terms, do not continue to access and/or use the Services or your Account.

1. General Use and Accounts. The Services are made available, subject to these Terms of Use, to allow you to access information regarding the RED-E-BINS dumpster rental and waste management services, to register for an Account and make reservations, and to contact RED-E-BINS. You may not have more than one (1) Account and you must access your Account through your own username and password. The security, confidentiality and integrity of your Account, username and password is your sole responsibility. You shall take all reasonable steps to ensure that no unauthorized person shall have access to your Account, username or password and shall
immediately notify RED-E-BINS of any unauthorized access or use of which you become aware. You agree to bear all responsibility and liability for all actions of any individual or entity using your Account as well as all fees and/or charges incurred from use of the Services with your Account.

1. You are solely responsible for obtaining any necessary permits required for dumpster placement, including but not limited to permits for placement on public property or rights-of-way. RED-E-BINS assumes no responsibility for ensuring compliance with local permitting requirements.
2. You are responsible for ensuring suitable access for the delivery and pickup of the dumpster, including but not limited to clear pathways and adequate ground conditions to support the weight of the dumpster and delivery vehicle. RED-E-BINS is not liable for any damage to driveways, lawns, sidewalks, or other property resulting from the placement, weight, or movement of the dumpster or delivery vehicle. Please ensure that all surfaces are capable of supporting such equipment.
3. All fees for dumpster rentals and related services are due in full at the time of booking. Failure to provide timely payment may result in cancellation of your reservation or refusal of service. RED-E-BINS reserves the right to withhold service until all fees are paid in full.
4. If RED-E-BINS is unable to retrieve a dumpster due to obstruction, inaccessibility, or any other issue caused by the customer, a dry run fee of $150 will be charged to cover the costs associated with the failed pickup attempt. Customers will be notified, and RED-E-BINS will make reasonable efforts to coordinate with the customer prior to assessing this fee. Customers are responsible for ensuring unobstructed access to the dumpster on the scheduled pickup date to avoid incurring this fee.

2. Prohibited Uses. In addition to uses otherwise prohibited by REDE-BINS, these Terms of Use or applicable law, you may not, and you may not allow any third party to, do any of the following:Access or use the Services if you or such third parties are under eighteen (18) years old. The Services are intended only for use by those eighteen (18) years old or older, and by accessing and/or using the Services you represent and warrant that you meet such age requirements.

Use or access the Services to send unsolicited commercial email to any person, or to threaten, harm or harass another user’s account, use and/or access to the Services, including, but not limited to, attempting to gain access to another user’s account, password and/or personal information.
Post, upload or transmit: any data, content or materials contained on or provided through the Services outside of the Services, in whole or in part, any data, content or materials of any type that infringe or violate any rights of any party, including, but not limited to, any patent, copyright, trademark, trade secret or any proprietary or other right of RED-E-BINS or a third party, any data, content or materials that are illegal, threatening, obscene, defamatory, harmful, invasive to privacy or otherwise violate the rights of RED-E-BINS or a third party, including, but not limited to, any malicious software or computer code (such as a virus or disabling code).
Decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure or organization), modify or create a derivative work of the Services (or any portion of the Services) or of any other information by any means whatsoever.
Distribute, disclose or allow use of any portion of the Services or your Account in any format by any third party.
Use or access the Services or any data, content or materials provided through the Services in violation of federal, state or local law or other applicable rules or regulations or for any benchmarking, monitoring or testing availability or performance, or any other competitive use, including, but not limited to, creating services or software that are substantially similar to the Services or RED-E-BINS’ services and products.

3. Accessibility. You shall be solely responsible for providing, maintaining and ensuring compatibility with the access requirements for the Services, and all hardware, software, electrical or otheR physical requirements for use of the Services, including, without limitation, telecommunications and internet service provider access, connections, links, web browsers or other equipment, programs and services required to use the Services.

4. Ownership. Although some material on the Services may be the intellectual property of a third party that RED-E-BINS has a right to use, you acknowledge that as between you and RED-E-BINS, RED-EBINS owns all right, title and interest in, and retains any copyright and other intellectual property rights in and to the Services and all content, data and information provided on or through the Services by RED-E-BINS and its authorized suppliers (for the avoidance of doubt, this expressly excludes any and all user-generated content). Except as expressly recited in these Terms of Use, no rights are to be implied and no license is hereby granted to you or any other party, directly or indirectly, under any patent, trade secret, trademark, copyright or other intellectual property right now held by, which may be obtained by or which are or may be licensable by RED-E-BINS or its licensors. RED-E-BINS expressly reserves all rights not expressly set forth in these Terms of Use. If you submit, post or upload any content, business information, ideas, data, concepts or inventions through the Services or to RED-E-BINS (by any means), you grant to RED-E-BINS a royalty-free, perpetual, irrevocable, world-wide, nonexclusive, sub-licensable (through multiple tiers) license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display, including digitally or electronically, such content, business information, ideas, concepts or inventions in any media or medium, or any form, format or forum now known or hereafter developed. To the extent you are not the lawful owner of such rights, you represent and warrant that you have authority from the owner of such content or intellectual property to grant such rights to RED-E-BINS.

5. Links. The Services may contain links to third party websites. REDE- BINS has no control over and is not responsible for those third party sites or the content provided on or through such sites. You should review the applicable terms of use and/or privacy policies for such sites before using them. You hereby accept sole liability for the use of such links to third party websites and you acknowledge and agree that you access those third party sites at your sole risk.

6.Termination and Change of Content. Access to the Services is provided at the discretion of RED-E-BINS and RED-E-BINS has the right at any time, with or without prior notice, to suspend or terminate your access to the Services or your Account and refuse any and all current or future use of all or any portion of the Services. RED-E-BINS shall also have the right at any time to change or discontinue any aspect or feature of the Services and/or change or remove any of the content, data or information from the Services, at any time, in its sole discretion. If RED-E-BINS believes your Account and password are being used without your authorization, RED-EBINS may, without notice, deny or block a transaction made through your Account and password until such time as RED-E-BINS is satisfied that only you are accessing your Account. In the event you desire to terminate your Account you may do so by contacting RED-E-BINS as set forth in Section 16 below.

7. Disclaimer. THE SERVICES AND ANY CONTENT, DATA OR INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND RED-E-BINS DOES NOT MAKE AND HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON INFRINGEMENT) WITH REGARD TO THE SERVICES OR WITH RESPECT TO ANY CONTENT, DATA OR INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE CONTENT, THESE TERMS OF USE OR ANY PORTION OF THE FOREGOING, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. RED-E-BINS DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES, AND OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF RED-E-BINS’ CONTROL.

8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RED-E-BINS OR ITS AFFILIATES, EMPLOYEES, MEMBERS, MANAGERS, AGENTS, CONTRACTORS, SUPPLIERS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS (COLLECTIVELY, RED-E-BINS PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, ANY LOSS OF USE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, DUTY TO WARN AND STRICT LIABILITY), PRODUCT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SERVICES OR CONTENT, DATA OR INFORMATION PROVIDED ON OR THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. SUBJECT TO ALL OTHER RESTRICTIONS, DISCLAIMERS AND LIMITATIONS IN THERE TERMS OF USE, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL RED EBINS PARTIES BE LIABLE FOR DAMAGES EXCEEDING THE SUM OF $50.00. THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT INCREASE THIS LIMIT. Any claims against RED-E-BINS Parties arising out of or related to these Terms of Use and/or the Services must be brought within one (1) year of the date of the event giving rise to such action occurred.

9. Indemnification: You shall indemnify, defend, and hold harmless RED-E-BINS, its affiliates, and representatives from all claims, liabilities, costs, and expenses, including attorney’s fees, arising out of or related to: Your failure to obtain required permits, Property damage or injury resulting from the use of the dumpster, Disposal of prohibited or hazardous materials, Any third-party claims arising from your actions or omissions, or Your breach of these Terms of Use or any applicable laws or regulations.

10. Assignment. You may not assign or transfer these Terms of Use, or any of your rights or obligations hereunder, including, but not limited to, your Account, without the prior written consent of RED-EBINS, and any attempted assignment or transfer without RED-EBINS’s prior written consent shall be null and void. All of the terms and provisions of these Terms of Use shall be binding upon and shall inure to the benefit of the parties hereto and their respective personal representatives, estates, heirs, successors and permitted assigns.

11. Governing Law and Compliance: These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of Tennessee, without regard to its conflict or choice of law principles. Any action arising out of or relating to these Terms of Use shall be brought only in the state or federal courts of Sullivan County, Tennessee and all parties expressly consent to such court’s jurisdiction and irrevocably waive any objection with respect to the same, including any objection based on forum non conveniens. The Company will comply with all applicable local, state, and federal regulations in the areas of operation, including but not limited to Tennessee and Virginia.

12. Personal Information. You agree that RED-E-BINS may collect, process, transfer, use and disclose your personal information in accordance with the RED-E-BINS Privacy Notice which is incorporated herein by reference. To access the Privacy Notice, CLICK HERE.

13. Force Majeure. RED-E-BINS shall not be responsible for delays or failures of performance resulting from acts beyond the reasonable control of RED-E-BINS. Such acts shall include, but are not limited to, acts of God, strikes, public internet and private internet connection failures, lockouts, riots, acts of war, acts of terror, epidemics, government regulations, fire, communication line failures, power failures, earthquakes and other disasters.

14. Miscellaneous Provisions: If any provision of these Terms of Use is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to achieve its intended purpose within the bounds of the law, or if modification is not possible, it shall be severed, and the remaining provisions shall remain in full force and effect. Failure by RED-E-BINS to enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision, and any waiver must be in writing and signed by an authorized representative of RED-E-BINS to be effective. These Terms of Use constitute the entire agreement between you and RED-E-BINS concerning the Services and supersede all prior agreements or understandings, whether written or oral. All provisions that by their nature should survive termination, including but not limited to indemnification, limitations of liability, disclaimers, and governing law, shall survive termination of your use of the Services. These Terms are for the benefit of the parties hereto and their respective successors and assigns and are not intended to benefit or be enforceable by any third party. Each party agrees to perform all acts and execute all documents reasonably necessary to carry out the provisions and intent of these Terms of Use. The Services may not be available in all areas and are subject to applicable laws and regulations. RED-E-BINS reserves the right to modify or discontinue the Services at its sole discretion without notice.

15. Intellectual Property. If you find or suspect intellectual property infringement with respect to the Services or any content, data or information, please immediately report it to RED-E-BINS using the contact information located in Section 16 below and include the following information. Upon receiving such information, RED-E -BINS will investigate the matter.

A description of the intellectual property in question.
If applicable, a statement by the owner that they believe the intellectual property in question was used without their
permission.

16. Contact Information. If you have any questions or comments regarding these Terms of Use, the Services or any content, data or information, please contact RED-E-BINS.

17. Hazardous Materials. Hazardous materials are strictly prohibited in all RED-E-BINS dumpsters. Examples of hazardous materials include, but are not limited to: Paint, oil, gasoline, and other flammable liquids, Chemicals and pesticides, Batteries, Asbestos, Medical or biohazard waste and other materials prohibited by local or state regulations. If hazardous materials are found in a RED-E-BINS dumpster: A flat fee of $500 will be charged to the customer for violation of this policy. The customer will also be responsible for any additional fees, penalties, or fines imposed on RED-E-BINS by the landfill or other authorities as a result of improper disposal. Customers are required to ensure that all waste placed in RED-E-BINS dumpsters complies with local, state, and federal waste disposal regulations. RED-E-BINS reserves the right to inspect loads and refuse service if hazardous materials are identified.

18. Cancellation & Refusal of Service Policy. Customers may cancel their dumpster rental at no charge if the cancellation request is made at least 24 hours before the scheduled delivery time. If a cancellation request is made within 24 hours of the scheduled bin delivery, a $150 cancellation fee will be charged to cover scheduling, logistics, and lost rental opportunities. Once a dumpster has been delivered to the customer’s designated location, the rental is considered accepted and non-refundable. Customers who refuse the bin after delivery due to size, placement, or other non-service-related reasons will still be charged the full rental fee. No refunds or replacements will be issued unless Red-E Bins has failed to provide the correct bin size as ordered. It is the customer’s responsibility to select the appropriate bin size for their project. If unsure, customers are encouraged to contact Red-E Bins before booking for guidance on the best bin size for their needs.