Service Terms and Conditions:
RESIDENTIAL RECYCLING SERVICE AGREEMENT
PLEASE READ THIS RECYCLING SERVICE AGREEMENT (“AGREEMENT”) CAREFULLY. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, SIGNIFY YOUR AGREEMENT BY CHECKING THE “I HAVE READ AND AGREED TO TERMS AND CONDITIONS” BOX. IN ANY EVENT, BY PAYING FOR AND ACCEPTING RESIDENTIAL RECYCLING SERVICES PROVIDED BY EARTHSAVERS, LLC, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
- EarthSavers, LLC (“we”) will collect recyclable materials (as defined below) in accordance with our collection schedule, which is described in your on-line account which you may access through at www.earthsavers.org (the “Site”), and may be amended from time to time (“collection schedule”), and deliver the recyclable materials to recycling facilities selected by us in our sole discretion. We will have no responsibility to ensure that recyclable materials delivered to a recycling facility are properly recycled by such facility. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT RECYCLABLE MATERIALS DELIVERED BY US TO RECYCLING FACILITIES WILL BE PROPERLY RECYCLED BY SUCH FACILITY.
- You will pay us for our services in advance. You will pay us the fee(s) stated in our fee schedule, and which is incorporated by reference herein, as the same may be amended from time to time (“fee schedule”). You will pay us by automatic credit card or bank draft, which you will authorize by providing such information as required by EarthSavers’ third party merchant service provider. Bank drafts will be processed through First Tennessee Bank National Association on or before the beginning of each term of service. If your transaction is not honored for any reason, we may, in our sole discretion, terminate service to you and/or we may, in our sole discretion, charge you a dishonored charge fee. The fees you pay us are non-refundable.
- The term of this Agreement is three months beginning on the date we receive payment from you and shall be automatically renewed for consecutive three-month terms unless you or we give written notice of termination fifteen days before the end of the then-current term. If we terminate service to you as provided in sections 2, 4, or 5, the term of the Agreement shall end as of the date. If we then resume service, the term of this Agreement shall begin as of the date on which we resume service. If we terminate service to you as provided in sections 2, 4, or 5, you must pay a service resumption fee of fifty dollars ($50.00) (“Service Resumption Fee”) before we will resume service to you.
- We will provide to you one or more roll-out carts (“containers”) for the fee stated in our fee schedule or, at our option, for a lesser fee or no fee. The containers are our property. You will keep the containers in a clean condition. We will repair or replace, in our sole discretion and at our expense, containers that become damaged through ordinary wear and tear. We will repair or replace, in our sole discretion and at your expense, containers that become damaged through more than ordinary wear and tear or that are lost or stolen, and such expense shall be an additional fee which you will pay by automatic credit or debit charge in accordance with Section 2. If you fail to pay any such expense, we may, in our sole discretion, refuse to collect recyclable materials until you do and/or terminate service to you.
- “Recyclable materials” are those materials defined as such in our recyclable materials schedule, which is available on the Site. You will place recyclable materials in the container(s) in accordance with the instructions provided in the recyclable materials schedule. On collection days, you will place the containers in accordance with our container location rules. You will not place any non-recyclable materials (including Hazardous Wastes as defined below) in a container. If you place non-recyclable materials in a container, or if you fail to place the containers in accordance with the location rules, we may, in our sole discretion, refuse to collect recyclable materials from such container until you remove the non-recyclable materials or place the containers in accordance with the location rules, and/or terminate service to you. If, after collecting recyclable materials from you, we discover you have included non-recyclable materials with the recyclable materials, we may, in our sole discretion, terminate services to you. Upon collection by us, recyclable materials become our property.
- Authorization to Enter Premises.You hereby authorize us to enter onto your premises on foot or vehicle for the purpose of collecting recyclable materials, placing or SERVICING containers, and to take any other action necessary or proper to our performance of services to you under this Agreement. You warrant and represent that your premises are free of unreasonably dangerous conditions and shall indemnify us against any and all claims, liabilities, losses, and expenses, including court costs and reasonable attorney fees, arising out of any breach of the foregoing representation and warranty.
- Limitation of Liability, RELEASE OF LIABILITY, AND COVENANT NOT TO SUE. In no event shall we be liable to you (or any person or entity claiming rights derived from your rights) FOR, AND YOU HEREBY IRREVOCABLY RELEASE US FROM AND COVENANT NOT TO SUE US for, (a) any act or omission on your premises unless such act or omission is grossly negligent; (b) any act or omission resulting in the loss or unauthorized use or disclosure of information or material of any kind, confidential or otherwise; and (c) indirect, special, incidental, punitive, exemplary, or consequential damages, regardless whether we knew or should have known of the possibility of such damages, resulting from any breach of any term, condition, representation, or warranty, express or implied, in this Agreement, or any act or omission by us hereunder. In no event shall our liability TO YOU FOR breach of any term, condition, representation, or warranty, express or implied, in this Agreement, or any act or omission by us hereunder, exceed the fees paid by you to us during the twelve (12) month period preceding the breach.
- You will indemnify us and hold us harmless against any claims, damages, expenses, costs, or other liability, including reasonable attorney fees and expenses, arising from your breach of any representation or warranty made herein or your breach of any provision of this Agreement.
- Waiver; Force Majeure. The failure of either party to enforce the other party’s strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement. If the performance of either party is delayed or prevented at any time due to circumstances beyond its control, including, without limitation, those resulting from labor disputes, fire, floods, riots, civil disturbances, weather conditions, control exercised by a governmental entity, unavoidable casualties or acts of God or a public enemy, performance will be excused until such condition no longer exists.
- You may not assign this Agreement to any person or entity without our express written permission, which we may deny in our sole unreviewable discretion. Any purported assignment attempted in violation of this provision shall be void ab initio and shall entitle us to terminate this Agreement.
- Successors & Assigns. This Agreement is binding upon and shall inure to the benefit of the parties respective heirs, successors, and assigns.
- Entire Agreement. This Agreement is our entire agreement with you about the services we are providing and supersedes anything we have said or agreed to before.
- This Agreement may not be modified or amended by you without our prior written consent. This Agreement may not be assigned. We may modify or amend this Agreement and any schedule to it at any time; provided, any modification or amendment changing the fees owed by you to us for service shall apply only services provided in any term following the then-current term of this Agreement. We will give you notice of such modifications or amendments by posting them on the Site, and you agree that this is sufficient notice. Any such modification or amendment shall be deemed effective immediately upon posting on the Site. You should regularly review the Site for any modifications or amendments to the Agreement, as your continued acceptance of and payment for our services after a modification or amendment signifies your assent and agreement to this Agreement, as modified or amended.
- References to any statute or rule in this Agreement shall include any reenactment or modification thereof (whether before or after the date of this Agreement).
- The headings used in this Agreement are for convenience only and such headings are not to be used in determining the meaning or interpretation of this Agreement.
- If any clause or provision set forth in this Agreement is determined to be illegal, invalid or unenforceable under present or future law, then that clause or provision shall be deemed modified to the extent necessary to make it valid and enforceable or, if such provision cannot be so modified, it be severable and shall be deemed deleted without affecting the enforceability of all remaining clauses or provisions.
- Choice of Law; Venue; Waiver of Jury Trial; Attorney Fees. This Agreement will be governed by the laws of the State of Tennessee, without reference to its choice of law rules. Any suit to enforce or interpret this Agreement may be brought only in a court of competent jurisdiction in Davidson County, Tennessee. BOTH PARTIES HEREBY WAIVE THE RIGHT TO TRIAL BY JURY.If we prevail in a lawsuit arising under this Agreement, you will pay our reasonable attorney fees and expenses.
- If you are not a natural person, the person who accepts these services on your behalf warrants, represents, and agrees that he or she is authorized to contract with us on your behalf and that if he or she is not authorized, he or she will be individually liable to us.