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| PLEASE READ THE FOLLOWING TERMS OF SERVICES CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF SERVICES. IF YOU DO NOT AGREE WITH OR DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS WEBSITE, YOU SHOULD IMMEDIATELY DISCONTINUE ANY USE OF THIS WEB SITE. BY ACCESSING THE GPOD WEBSITE A USER AGREES TO THE FOLLOWING DISCLAIMER, TERMS, AND CONDITIONS: Introduction As of herein the following term "User" and "User's" will represent any and all persons and/or organizations using and/or downloading any of the content or contents of the www.gpodct.com website. As of herein, either of the following terms "This website" or "The website" will represent the www.gpodct.com website. The following document shall exist as an agreement between the User and the www.gpodct.com website. The agreement between the User and the www.gpodct.com website shall include but is not limited to any data or information obtained through the website and any data, services and/or transactions produced as of a direct result of using the www.gpodct.com website. Limitation of Liability Under no circumstance will this website or the operators of this website be held liable for any direct or indirect loss, damage, misinformation or anything construed as a form of loss, damage or misinformation arising from the use of the www.gpodct.com website. Under no circumstance will this website or operators of this website be held liable for any cost impaired by the User arising from the use of this website or from the use of any third party websites as displayed on the www.gpodct.com website. The User accepts full responsibly for any loss, damage, misinformation or anything construed as a form of loss, damage or misinformation arising from the use of the www.gpodct.com website and waives any and all loss, damage and/or misinformation incurred as of a direct result of the use of this website. The User waives any and all liability in contract, tort, negligence, statutory duty or otherwise, for any loss, damage, misinformation incurred or anything construed as a form of loss, damage or misinformation as of a direct result of the use of this website against the operators of this website and any third party producing data at the www.gpodct.com website. If it is construed by laws governing the User's domicile, residence, or physical location or the domicile, residence, or physical location of any equipment, machines or technology used to access the data produced by the www.gpodct.com website which grant the User exclusion from the aforementioned warranties and limitations of liability, the www.gpodct.com website and third party content providers and their respective agents shall be limited to the greatest extent permitted by law. Disclaimer of Warranty The www.gpodct.com website and all data, information and other materials made available on or through this website are provided on an "as is" and "as available" basis without representations, warranties, conditions and indemnities of any kind, either expressed or implied. The www.gpodct.com website does not provide any representations, validity, accuracy, completeness, availability or reliability of the data and information produced on this website, including but not limited to any and all data produced on this website or data produced by third parties using this website. Neither www.gpodct.com nor any provider of third party content or their respective agents warrants that the service will be uninterrupted or error-free or make any warranty as to the results to be obtained from the use of the service or content or data provided. Neither www.gpodct.com nor any third party content provider warrants that any files that may be downloaded through the www.gpodct.com website will be free of viruses or other contaminating or destructive capabilities. Further more, the www.gpodct.com website is not responsible for any loss, damage, or misinformation as a result of the data produced on the www.gpodct.com website. The www.gpodct.com website disclaims all representations, warranties, conditions and indemnities of any kind, either expressed or implied, or other violation of rights, or those arising out of a course of dealing or usage or transaction as a direct result of using this website and or information and/or data produced on this website. The user agrees that any actions arising from use of the data at this website will be the sole responsibility of the User, and furthermore the User agrees to waive any loss, damage and any interpretation of loss and damage or misinformation arising from the use of data at www.gpodct.com. Indemnity The User agrees to indemnify, defend and hold harmless this website, its affiliates, employees, agents and any third party conducting business with and through www.gpodct.com from any and all claims, liability, damages and/or costs and expenses (including without limitation all legal costs) arising from the use of the Services or Software by the User, or from any violation of the Terms by the User. Governing Law The laws of the United States applicable therein shall govern as to the interpretation, validity and effect of this Agreement notwithstanding any conflict of laws, provisions or the User's domicile, residence, or physical location or the domicile, residence, or physical location of any equipment, machines or technology used to access the data produced by the www.gpodct.com website. The User hereby consents, agrees and submits to the non-exclusive jurisdiction of the courts of the United States in any action or proceeding instituted under or related to this Agreement. Rules and limitations on the use of services This website may establish rules and limitations on the use of services covering any aspect of this website. The www.gpodct.com website reserves the right to change these rules and limitations at any time and without notice to the User. The User agrees to be bound by these rules and limitations when using the various services the www.gpodct.com website may offer. The www.gpodct.com website reserves the right to refuse the User any and all current or future use of the Services (or any portion thereof) for any reason and at any time without notice to the User and the User agrees to be bound by these terms. Intellectual property 1. Copyright issues. The user is granted a limited, non-exclusive license to display the Information contained in this website, providing the Information is not modified, identifies the source, and provided further that the User shall be fully responsible for any consequences resulting from such use and that the User agrees that www.gpodct.com may at any time request that any information used be deleted from further reproduction. If such a request comes from www.gpodct.com for the User to delete the information, the User agrees to be bound by this agreement to do so. Any other use of the Information is strictly prohibited. All programming code, multimedia clips, images, graphics, icons and copy which can be downloaded at www.gpodct.com are protected by copyright law and may not be reproduced or modified in any way without the express permission from www.gpodct.com. Permission to link to this website from any other source on the Internet is not required and would not be considered to be an infringement of copyright. 2. Trademark issues. All trademarks, service marks and logos used on the www.gpodct.com website are the trademarks, service marks or logos of their respective owners. The www.gpodct.com website gives no permission for any trademark, service mark, logo or anything construed as a trademark produced at the www.gpodct.com website to be used in any way without the express permission of their respective owners. This may include but is not limited to certain words, phrases or any other entities covered by trademark laws. Changes to these terms and conditions We reserve the right to change these terms and conditions and or make amendments at any time and without notice to the User. The User agrees to the responsibility of regularly viewing this agreement to determine whether these terms and conditions have been changed. Severability Each provision of the above aforementioned terms and conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. Terms and Conditions WASTE MATERIAL: Customer represents and warrants that the materials placed in our dumpsters (containers) shall be "waste material" as defined herein and shall contain no other substances. The term "waste material" as used in these Terms & Conditions shall mean solid waste in the form of construction debris generated by the customer, including: Lumber, Drywall, Cabinets, Siding and other misc. Wood/Plastic construction materials. The term "waste material" shall exclude: Radioactive Materials, Highly Flammable Materials, Hazardous Materials, Volatile Materials, Biomedical Materials, Toxic Materials, Explosive Materials and/or Infectious Materials. The term 'Hazardous Material" shall include, but not be limited to, any amount of waste listed or characterized as hazardous by the United Slates Environmental Protection Agency, or any state agency pursuant to the Resource Conservation and Recovery Act of 1976, as amended or applicable by law. Liability for any waste materials, including the excluded materials listed above, shall remain with the customer and customer expressly agrees to defend, indemnify and hold harmless The Concord Group I, LLC, any of its affiliates and/or subsidiaries and the service provider from and against any and all damages, penalties, fines and liabilities resulting from or arising out of such waste materials, including the excluded materials listed above. Other specific prohibited items include, but are not limited to: Liquids, Batteries, Propane Tanks, Household Garbage, Solvents, Paint Cans (unless empty and dry), Asbestos, Chemicals, Lead Paint Materials, Equipment Containing Gas or Oil, Freon®, Medical Waste, Biohazards and/or *Dirt or *Soil. Restrictions and additional fees may apply to: Appliances, Furniture, Refrigerators, Freezers, Box Springs, Mattresses, Air Conditioners, Tires, Televisions, Monitors, Computers and/or Computer Peripherals, Carpeting and Stumps. NOTICE: Some waste material is prohibited, restricted, or could incur additional fees; Please inquire wilh any specific questions or if you are unsure of any specific material or item. Freon is a registered trademark of E.I. du Pont de Nemours and Company or its affiliates. *Dirt and soil are acceptable "waste materials" ONLY in our 4 YARD, HEAVY DEBRIS CONTAINER (DUMPSTER). DRIVEWAYS, ACCESS AND PARKING AREAS: Customer warrants that any access/location provided for the dumpster equipment is sufficient to bear the weight of all equipment and vehicles required to perform the service. Neither the service provider nor The Concord Group I, LLC, nor any affiliates and subsidiaries, shall be responsible for damage to any pavement or accompanying sub-surface or any route reasonably necessary to perform the services herein contracted or for damage to utilities, property, lawns, fences, shrubbery or otherwise. The Customer hereby releases and agrees to hold harmless The Concord Group I, LLC, its owners and employees, and any affiliates of any and all claims of whatever nature, known or unknown, against The Concord Group I, LLC, its owners and employees and any affiliates for any loss, damage, injury or death from any incidents or accidents of whatever nature which may occur as a result of The Concord Group I, LLC or its affiliates providing any GPOD DUMPSTER delivery, placement or service at the drop-off location and/or during the delivery or removal process as provided for in the agreement. The User further certifies that he or she can accept full responsibility and can make this decision as an agent for or on behalf of the User's employer, owner or any other party to the agreement (if applicable). Weight Deposit / Pick Up Instructions THE CUSTOMER UNDERSTANDS THAT THERE WILL BE AN ADDITIONAL CHARGE OF $150 FOR COMPLIANCE SPECIFIC TO THE ALLOWED CONTENTS AND ALLOWED FILL LEVEL PRIOR TO THE CONTAINER BEING DELIVERED. THIS CHARGE WILL BE CALLED A COMPLIANCE FEE AND WILL BE BILLED TO THE CUSTOMER'S CREDIT CARD. ONCE WE PICK UP THE CONTAINER AND DISPOSE OF ITS CONTENTS, The Concord Group I, LLC WILL DETERMINE IF THE CUSTOMER COMPLIED WITH THE TERMS AND CONDITIONS. IF THE CUSTOMER HAS COMPLIED WITH THE TERMS AND CONDITIONS, The Concord Group I, LLC WILL REMIT A CREDIT TO THE CUSTOMER'S CREDIT CARD IN THE APPROPRIATE AMOUNT. CUSTOMER IS RESPONSIBLE FOR CONTACTING The Concord Group I, LLC DIRECTLY WHEN THEY ARE READY FOR THE CONTAINER TO BE REMOVED. CUSTOMER MUST CLICK ON THE LINK LOCATED ON THE HOME PAGE OF THE www.gpodct.com WEBSITE LABELED "Pick-Up Request" TO ARRANGE FOR REMOVAL. If the GPOD DUMPSTER is undeliverable because of safety, liability, space restrictions, driveway area is blocked or no one is present at the time of delivery, empty trip, or for any other reason, then the customer will be charged a non-refundable delivery fee of $150.00. If The Concord Group I, LLC or its affiliates are unable to deliver the GPOD DUMPSTER due to either weather or traffic conditions or for any other reason, then the customer will receive a full refund of the GPOD DUMPSTER fee charged, if any, without any other liability on the part of The Concord Group I, LLC or its affiliates. The Concord Group I, LLC or its affiliates has the authority to make the final decision on whether or not the GPOD DUMPSTER will be delivered. The customer agrees that The Concord Group I, LLC and it's affiliates have a 48 hour window (Monday-Friday) to deliver the container from the actual date on the contract. If the customer cancels for any reason during that period they will be charged a fee of $100.00. The rental period for all GPOD DUMPSTERs is 7 days (Customer shall provide 24 hour notice to schedule the pick-up of the GPOD DUMPSTER in advance to avoid any additional daily rental fees), and any additional rental day(s) shall be charged at $9 per day. The Concord Group I, LLC is not responsible for loss, expense, cost or potential earnings or profit due to the GPOD DUMPSTER not being delivered or picked-up on the requested date(s). Additionally, The Concord Group I, LLC or its affiliates is not responsible or liable in any way for any damage caused to the driveway, roadway, or any other party of the property at the drop-off location during the delivery, placing or removal of the GPOD DUMPSTER at the agreed-upon drop-off location. Customer is not permitted to move the GPOD DUMPSTER unless approved by The Concord Group I, LLC in writing prior to any replacement of the GPOD DUMPSTER, and Customer may not use the GPOD DUMPSTER for any purpose than as agreed to and provided for in the agreement. The Concord Group I, LLC will charge a processing fee of $100.00 fee to the customer, If customer cancels for any reason. Please note that any cancellation by Customer must be made before 12:01 p.m. on the day preceding the delivery date, and Customer agrees to pay a $75.00 processing fee for the cancellation. If the customer attempts to cancel any time after 12:01 p.m. on the day preceding the delivery date, then the Customer will be charged either the agreed-upon price for the GPOD DUMPSTER or $150.00 non-delivery fee at the sole discretion of The Concord Group I, LLC. Customer shall not place any of the following items in the GPOD DUMPSTER unless agreed to by The Concord Group I, LLC in writing: (1) dirt, rock or concrete (which require a special GPOD DUMPSTER for such material), (2) hazardous or harmful material, including but not limited to, asbestos, refrigerators, air conditioners, which may have contained any Freon, liquid or gas substances, or any other type of appliances, television, computers, etc, (3) tires, batteries, paint cans, (4) If any of the items not permitted to be placed in the GPOD DUMPSTER container as provided for in the agreement are placed in the GPOD DUMPSTER, then the Customer will be charged a minimum additional fee of $250.00 in additional to any charge incurred by The Concord Group I, LLC to dispose of the same material. If the GPOD DUMPSTER is filled above the water level, which is 8 inches from the top of the GPOD DUMPSTER, then Customer will be charged an additional fee of $150.00 and Customer agrees to The Concord Group I, LLC or it affiliates removing any overload material and leaving the excess material at the drop-off location. Customer is liable for any and all damage (caused by any reason) to the GPOD DUMPSTER, and The Concord Group I, LLC will charge a $250.00 deposit as soon as The Concord Group I, LLC become aware of any damage to the GPOD DUMPSTER. If The Concord Group I, LLC is unable to collect any outstanding balance owed by Customer, then Customer shall be responsible for any and all costs, expenses, fees, including but not limited to, reasonable and actual attorney's fees incurred by The Concord Group I, LLC. Any and all unpaid Customer balance shall accrue interest at the rate of 15% compounded monthly or the legal rate of interest as permitted by law, whichever is greater. In the event Customer has provided false information regarding the credit card, bank account or other method of payment or for any other information relied by The Concord Group I, LLC to enter into this Agreement, then Customer shall pay all damages incurred by The Concord Group I, LLC, including but not limited to, treble damages equal to three times the amount owed by Customer. Customer agrees to the jurisdiction of the State of Maryland and will accept service of any legal process by certified mail to the drop-off address or other address provided for Customer. |
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