Effective Date / Last Updated: February 2023
Copyright © 2023 TK Environmental Solutions, LLC., DBA Trash Kans all rights reserved
WE RESERVE THE RIGHT TO MODIFY THESE TERMS AT ANY TIME. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SITE. IF YOU DO NOT AGREE TO ANY CHANGES, DO NOT CONTINUE TO ACCESS OR USE OUR SITE. MATERIAL CHANGES WILL BE CONSPICUOUSLY POSTED TO THE SITE OR OTHERWISE COMMUNICATED TO YOU.
THESE TERMS CONTAIN AN AGREEMENT BY YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW THE ARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE US IN A CLASS ACTION LAWSUIT.
- The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, taglines, branding, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of Company or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in the next section, Company reserves all other rights in and to the Site and Content, including all intellectual property rights.
- Use of Marks. Company owns certain trademarks, names, logos, insignia, slogans, taglines and service marks (“Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by Company. In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party’s consent.
- Intellectual Property Rights. The Site and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Company or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
- Copyright Policy. We respect the intellectual property rights of others and we ask that you do the same. We strive to expeditiously remove any infringing material from the Site if we become aware of it.
- Compliance with Laws. In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.
- Children’s Information. The Site is not directed at children under the age of thirteen (13) years old. If you are under thirteen (13) years old, you must immediately stop using the Site.
- You represent and warrant that you have the right to use any credit card, debit card, bank account or other method of payment when paying your bill. By using payment card or bank account information, you authorize our payment processors to use that information as a payment method to pay for outstanding balances owed to us. All billing information you provide must be truthful and accurate. Providing any untruthful or inaccurate information may result in cancellation of your order or account. We use a PCI-compliance payment processor, SoftPak, to facilitate payments online. We and our payment processor reserve the right to refuse or cancel a payment for any reason, including not limited to inaccuracies or errors in service or pricing information, or problems identified by us.
- We may offer certain services, products and product rentals through the Site. All offers set forth on this Site are void where prohibited, and are subject to additional terms pertaining to the offers. The actual services, products and rentals may differ from those displayed or listed on the Site, are subject to availability, availability may be limited in certain areas, and we may change services, products and rentals in our sole direction. Prices listed on the website are subject to change and may be changed by us at any time.
- Career Opportunities. Our Site may list available career opportunities to work with us. When there are open positions, you may apply to work with us as directed on our careers page. You represent that all information contained in any job application you provide is current, accurate, and complete. Do not provide any resume or other job application materials for any person other than yourself. Your submission of a job application does not in any way require us to review that application or consider you for employment. Career opportunities on the Site are subject to change at any time, at our sole discretion and without notice.
- Live Chat. When you use our live chat feature on the Site, you must comply with these Terms including but not limited to the following section regarding Restrictions on Your Use of the Site. You shall only provide us information you have a right to provide and that does not violate the rights of any third party or applicable laws.
- Restrictions on Your Use of the Site.
- You shall not copy, duplicate, reproduce, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without Company’s prior written consent. Without limiting the foregoing, you shall not copy, or use a copy of, this Site or any of its Content without our prior written consent. You shall not build a website of your own, or on behalf of a third party, that copies or uses Content from our Site.
- You shall not use the Site for unlawful purposes.
- You shall not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site.
- You shall not engage in data mining or similar data gathering or extraction activities from the Site. You shall not use the Site to harvest email addresses, names or other information of the users of the Site or to spam other users of the Site.
- You shall not access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
- You shall not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems (“Virus”).
- You shall not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.
- You will not access the Site for the purpose of engaging in competitive activities with Company or its affiliates.
- You shall not: (i) use or attempt to access an account or passwords that are not yours, (ii) misrepresent your identity in any way, (iii) intercept messages without permission, or (iv) use our computing resources beyond your authorization.
- Unauthorized anonymous and/or pseudonymous communications are prohibited.
- You shall not frame, mirror or circumvent the navigational structure of any part of the Site.
- You shall not upload, distribute, transmit, or post anything to or through the Site (including the live chat feature) that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
- You shall not engage in any conduct while using the Site that Company considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.
- Feedback and Other Content Submitted By You. If you submit comments or feedback to us regarding the Site or its Content, or any other comments, questions, requests, content or information that is not personal information (“Feedback“), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
- NO WARRANTY. THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.
COMPANY MAKES COMMERCIALLY REASONABLE EFFORTS TO MAKE ALL CONTENT ON THE SITE ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. COMPANY DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT. COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN REPRESENTATIONS OR WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
WE ARE NOT RESPONSIBLE, AND YOU HOLD US HARMLESS, FOR ANY DAMAGE TO YOUR DEVICES CAUSED BY YOUR USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO IF YOUR DEVICE GETS A VIRUS FROM YOUR USE OF THE SITE.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “COMPANY PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A COMPANY PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING OBLIGATION TO INDEMNIFY US).
The Site may also contain certain third-party Content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party Content does not mean that Company has reviewed the third-party Content or that there is any association between Company and any third party. You access third-party Content at your sole risk. Company has no responsibility for any third-party Content. Nothing in these Terms grants you any rights to any third-party Content.
- Linking to the Site. You are prohibited from linking to this Site on your website or elsewhere without the prior express written consent of Company. If Company grants you a right to link to this Site, certain terms may apply and Company reserves the right to revoke such consent at any time. You are responsible for any costs incurred by Company in enforcing its rights under this Section.
- Use in the United States. The Site is intended for use in the United States only. We do not guarantee that use of the Site will be available or permitted in any location other than the United States. If you choose to access the Site from a location other than the United States, you do so at your own risk.
THE EXISTENCE OF THE SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS COMPANY OR THE COMPANY PARTIES OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.
- Termination. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to the Site or Content. Company may suspend or terminate the Site or any Content, in whole or in part, at any time in its sole discretion for any reason. Company shall not be liable to you or anyone else for any damages arising from or related to Company’s suspension or termination of your access to the Site or the Content, or in the event Company modifies, discontinues or restricts the availability of the Site or the Content (in whole or in part).
- Site Unavailability. Without limiting the generality of the previous section, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, government mandates, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
- Cooperation with Law Enforcement. Company will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD COMPANY AND THE COMPANY PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
- Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent, and any such assignment or delegation in violation of this clause is void. These Terms inure to the benefit of Company’s successors and assigns.
- Waiver. Company’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Company.
- Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
30.Disputes. These Terms, and your access to and use of the Site, are governed by the laws of the State of Indiana, without regards to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Tippecanoe County, Indiana. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim brought by you with respect to the Site or Content must be commenced within one year after the cause of action or claim arises.
- Agreement to Arbitrate.
YOU AGREE TO RESOLVE ANY DISPUTES ARISING UNDER THESE TERMS OR RELATING TO SITE THROUGH BINDING ARBITRATION, ON AN INDIVIDUAL BASIS, AS SET FORTH BELOW.
- YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, (I) YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY AND (II) YOU MAY NOT BRING A CLAIM AGAINST US IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PARTY’S CLAIMS IN A CLASS OR PROCEEDING. In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to our right to appeal.
- Good Faith Discussions. Both you and us must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms.
- Rules. You agree that arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (the “Rules”). The Rules can be found at: https://www.adr.org/Rules. You agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.
- Initiating a Claim. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator. If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules.
- Arbitrator. Arbitration shall be before one (1) arbitrator who shall have exclusive authority to resolve any disputes arising under these Terms or with regard to the Site, including as to the enforceability and/or formation of this agreement to arbitrate.
- Location. You agree that arbitration shall take place exclusively in Tippecanoe County, Indiana. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.
- Time Limit. Any claim by you arising in connection with the Site must be commenced by you within one (1) year of the dispute giving rise to the claim.
- Confidentiality. The arbitration and information disclosed during arbitration may not be disclosed to any third-party except as required by law. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.
- Changes to this Agreement to Arbitrate. If we modify this arbitration provision, you may reject that change by sending us written notice within thirty (30) days of our posting of the change, in which case we will terminate your account and you must stop using our Site.
- The Arbitrator’s Decision. The arbitrator’s decisions and judgement will be final and binding on the parties, but will have no precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms.
- Costs and Expenses. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.
- Exceptions. Notwithstanding anything to the contrary in this Section, we each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights.
- Contact Us. Please direct any questions and concerns regarding these Terms to us at:
Attn: Customer Service
192 Farabee Dr, Lafayette, IN 47905