Trashtrucks.com

Universal Terms of Service Agreement

Effective: July 1st 2015.

This Universal Terms of Service Agreement is a legally binding contract made between Trashtrucks.com and you, personally, and if applicable, on behalf of the entity for whom you are using any Services. This Agreement governs your use of the Trashtrucks.com websites, including mobile applications (the “Services”). If you do not agree with these terms, you are prohibited from using the Services.

Information Collection

Overview

We may collect both anonymous information and personally identifiable information. Anonymous information is aggregate data that we may use to optimize the efficiency of this Website. Anonymous information does not identify you individually. Personally identifiable information is information you voluntarily provide to us that personally identifies you, such as your first and last name, physical address, email address or phone number.

Formation and Modification of Contract

By using the Services or by clicking your electronic acceptance, you and Trashtrucks.com agree to the terms of this Agreement, which includes the Acceptable Use Terms and Payment Terms, as applicable (together, this “Agreement”).
HPI may from time to time, in its sole discretion, modify all or any part of this Agreement. Modifications will become effective immediately upon posting to the Trashtrucks.com website, but will not be applied retroactively. Your use of the Services after modifications have been posted to this website will constitute your acceptance of this Agreement as last modified.

Authority

By using the Services, you represent and warrant that you (1) are at least 18 years of age and (2) are otherwise recognized as being able to form legally binding contracts.
If you are accepting this Agreement and using the Services on behalf of a corporation, limited liability company or other legal entity, you represent and warrant that you are duly authorized by the entity to enter into this Agreement on its behalf.

Changes to Service

The Services are always evolving and the form and nature of the Services may change from time to time, with or without prior notice to you. Trashtrucks.com reserves the right to change any Services offered.

Payment for Services

You agree to make all payments for the Services in compliance with the applicable Payment Terms.

Account Access

In order to use some of the Services, you may be required to create an account and provide certain information on the website. You are responsible for maintaining the confidentiality of login and password information. Trashtrucks.com recommends you use unique passwords for logging into the applicable website and periodically change these passwords. Trashtrucks.com employees will never ask for your password. If you are asked for your password, or if you believe someone may have obtained your password, you should immediately contact Trashtrucks.com.
Trashtrucks.com is not liable or otherwise responsible for any activity or account disputes that may arise between various parties holding account login information. Trashtrucks.com is not responsible for any changes made to your account or any information that has been modified by you, or any parties with authorized access to your account on the website. Trashtrucks.com may, in its sole discretion, require identification if there is a question of authority or a dispute as to ownership or access to an account. The purpose of this requirement is to protect you.
You are responsible for promptly updating and maintaining contact, login, and billing information. For example, if your information is not accurate, you may not learn about an important change to the Services or an advertisement may not run on time if your information is not current.

Grant of Rights

Subject to your compliance with this Agreement and to the restrictions in Section 7, HPI grants you a limited, non-exclusive, non-transferable right to use the Services, and any content and materials made available to you in connection with your use of the Services.

Copyrights, Trademarks and Other Intellectual Property

The Services include copyrighted material, trademarks, and other proprietary information such as text, photos, videos, graphics and images (collectively, the “Content”). Trashtrucks.com owns, licenses, or has permission to use, all copyrights in the Content, including the selection, coordination and arrangement.
Except as otherwise expressly permitted under U.S. copyright laws, no copying, redistribution, retransmission, publication or commercial exploitation of the Content is permitted without the express written permission of Trashtrucks.com.
You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit any of the Content. You do not acquire any ownership rights by downloading or otherwise using the Content or Services.
All trademarks, service marks, trade dress and trade names used with the Services, whether registered or unregistered, are owned by, licensed to, or used with permission by Trashtrucks.com. You may not reproduce, download or otherwise use any of these trademarks, service marks, logos, or trade names without the prior written consent of HPI.

Privacy

You agree Trashtrucks.com may collect, use, and share your information in accordance with the Trashtrucks.com Privacy Policy.

Copyright Infringement Process

Trashtrucks.com supports copyrights by complying with the applicable provisions of the United States Digital Millennium Copyright Act, including 17 U.S.C. 512 (the “DMCA”). A partial summary of some of the relevant provisions of the DMCA, including the Trasthrucks.com designated agent, are included as Schedule 1 to this Agreement; however, you or your attorney are responsible to fully comply with the actual detailed provisions of the DMCA.

Provision Unique to Advertisers

To the extent you have any intellectual property rights in content you upload using the Services, you will retain those rights subject to the grant of license in this Section. By uploading or otherwise submitting content in connection with your use of the Services, you grant Trashtrucks.com a non-exclusive, worldwide, perpetual, royalty-free, non-terminable, transferable, license, to use, distribute, reproduce, create derivative works of, publicly display, and transmit such content without any compensation, attribution, or other obligation to you. You agree not to upload such content unless you have the right to grant this license for such content.

Suspension and/or Termination

This Agreement will continue to apply until terminated by either you or Trashtrucks.com as follows:
Unless otherwise provided in this Agreement or to the extent you agree to a subscription or similar contract commitment, you may terminate this Agreement at any time and for any reason by deactivating your account and discontinuing your use of the Services. You do not need to specifically inform Trashtrucks.com when you stop using the Services. If you stop using the Services without deactivating your account, your account may be deactivated by HPI due to prolonged inactivity as determined at the sole discretion of Trashtrucks.com. Unless otherwise specifically provided in the Payment Terms, Trashtrucks.com will not be required to refund any amounts paid by you prior to any termination. Trashtrucks.com has no obligation to retain a record of your account or any data or information you may have stored for your convenience by means of your account or the Services.
Trashtrucks.com may suspend or terminate your account or cease providing you with all or part of the Services at any time and for any reason, including, but not limited to, (1) any breach or violation of this Agreement, or any other related terms or policies; (2) the creation of risk or legal exposure for Trashtrucks.com; (3) requests of law enforcement, such as subpoenas, injunctions, and search warrants; or (4) assisting with fraud and abuse detection.
Sections 1, 2, 4, 6-10, 13, ampsand 16-21 and all provisions necessary to effectuate the foregoing, will survive any termination of this Agreement.

Acceptable Use

If you submit or generate content, you must comply with Trashtrucks.com’s Acceptable Use Terms.

Right to Ideas

If you submit ideas, suggestions or improvements about the Services, you agree Trashtrucks.com has the right of their use without any payment or accounting to you or others. You should not transmit any material to HPI you consider to be confidential or proprietary or in which you do not wish to grant such rights.

Linking

Linking to this website is strictly prohibited without the prior written consent of Trashtrucks.com. You cannot misrepresent your relationship with HPI nor imply that Trashtrucks.com is endorsing your website, business, products, services, or otherwise.

Third Party Website Links

This website includes links to third party websites. Trasthrucks.com does not endorse, control or make any guaranty about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on these websites. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree Trasthrucks.com is not responsible or liable for any loss or damage resulting from your use of third-party content, websites, or services. Please review any terms of use and privacy statements of linked websites you may visit.

Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, YOUR USE OF THE SERVICES WILL BE AT YOUR OWN RISK AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TRASHTRUCKS.COM DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TRASHTRUCKS.COM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY MATERIALS, INFORMATION, GOODS, OR SERVICES, WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY OR IN CONNECTION WITH THE SERVICES OR OTHERWISE. TRASHTRUCKS.COM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY GOODS OR SERVICES THAT MAY BE PURCHASED OR OBTAINED FROM HPI OR ANY THIRD PARTY AS A RESULT OF USING THE SERVICES.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND YOUR USE OF THE SERVICES.
SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF WARRANTIES, SO YOU MAY HAVE OTHER RIGHTS IN THOSE STATES AND JURISDICTIONS.

Limitation of Liability

IN NO EVENT WILL TRASHTRUCKS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT TRASHTRUCKS.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY FOR HPI FOR ANY CLAIMS OF ANY NATURE EXCEED THE GREATER OF (1) THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES FOR THE 12-MONTH PERIOD PRECEDING THE ACCRUAL OF YOUR CLAIM; OR (2) $50.
THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SERVICES.

Indemnification

You agree to indemnify, defend, and hold harmless Trashtrucks.com, its officers, directors, shareholders, employees, agents, successors and assigns, and each of them, from any expense, liability or damage any of them may incur, including reasonable attorneys’ fees and costs, as a result of third party claims, suits or proceedings of any kind or nature, arising out of or otherwise connected with this Agreement or the Services, except to the extent such liability or damage is caused by the gross negligence or willful misconduct of Trashtrucks.com. Your obligations under this section will survive any assignment, transfer, termination or expiration of this Agreement. You will immediately undertake the defense of any legal action against Trashtrucks.com and you will retain reputable, competent and experienced counsel to represent the interests of HPI. You will notify Trashtrucks.com of the identity of such counsel not less than 48 hours prior to retaining them, and Trashtrucks.com will have the right during this period to approve or disapprove any such counsel. Trashtrucks.com will also have the right, at its own expense, to obtain separate counsel and to participate in the defense, compromise or settlement of the action. You will not settle or compromise any legal action without the specific prior written consent of Trashtrucks.com, which may be granted or withheld in the sole discretion of Trashtrucks.com.

U.S. Communications Decency Act Notice

Pursuant to the U.S. Communications Decency Act, 47 U.S.C. Section 230(d) as amended, Trashtrucks.com hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise and OnGuard Online .

Information for California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
Complaints: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

Other Provisions.

This Agreement (a) does not create any agency, partnership, employment, joint venture or fiduciary relationship; (b) embodies the entire understanding between the parties pertaining to its subject matter; (c) will inure to the benefit of and be binding on the parties, their successors and permitted assigns; (d) is not subject to waiver of any rights by lapse of time or by any statement, unless signed by an authorized representative of the party, and a waiver of any breach of this Agreement will not constitute a waiver of any prior or subsequent breach; (e) will be construed according to the laws of the state of California without reference to its conflict-of-laws principles, and the parties each irrevocably submit to the exclusive jurisdiction of the federal and state courts in San Diego County, California regarding any legal proceedings to interpret or enforce this Agreement; (f) will be construed as severable, so the court’s finding of any invalidity or unenforceability will not affect the validity or enforceability of any other portions of this Agreement; (g) is not for the benefit of any third party other than the parties’ respective successors and permitted assigns; (h) will be construed as if drafted jointly by the parties with no presumption or burden of proof favoring or disfavoring any party as a result of authorship; (i) the titles and headings are for convenience and ease of reference only and will not be utilized to construe or interpret this Agreement; and (j) Trashtrucks.com will not be liable for delays, inability to perform, or loss, damage or destruction to the extent caused by any event or circumstance, regardless of whether foreseeable, that was not caused by Trashtrucks.com, and that prevents HPI from complying with any of its obligations under this Agreement.