Go Trashy Inc. dba Curb-It Service Hauler/Provider Terms of Service
Revised November 19, 2020
Our Contractual Relationship
Thank you for accessing Go Trashy Inc. dba Curb-It ( “Curb-It,”“We,” “Company,” or “Us”), the mobile and web application suite developed by the Company help individuals and companies (“Customers”) with various clean up and disposal projects involving unwanted items and other materials. We welcome you and hope you find our apps and any related desktop platform or other related software or hardware (individually and collectively, the “App”) and our services, which include use of the App and our provision of services related to the App (“Services”), helpful and efficient. These Terms of Service (“Agreement”) govern our legal relationship related to the Services, and they are a legally binding agreement. We reserve the right to make amendments to this Agreement from time to time, and we will post the revised versions on the App when we do. Amended terms become binding thirty days after they are posted on the App.
We do not allow Customers to post jobs or Service Providers to perform jobs involving the following items (“Prohibited Items”): (1) any item or agent (biological, chemical, radiological and/or physical), which has the potential to cause harm to humans, animals, or the environment, either by itself or through interaction with other factors (“Hazardous Materials”); (2) any item or agent the disposition of which is regulated by federal, state, or local law; and (3) any item that is required to be collected via regular curbside pick-up as determined by local franchise laws. If you are asked to transport such materials, you are required to decline the job and to inform us of the request. We may post additional usage and conduct rules regarding the Services at https://curb-it.zendesk.com/hc/en-us/articles/360047316354-Standards-of-Conduct-. You are required to abide by those rules as if set forth in full in this Agreement.
Our Services and Process
· Our Services connect individuals and companies who perform clean up and haul away service (“Service Providers”) with Customers who need those Services. But before allowing a Service Provider to join our network, we have a third-party company perform a background check on each potential Service Provider. We also do a check to confirm that the Service Provider has the licensing, insurance, and equipment that we require. In addition, we also procure supplemental insurance necessary to assure coverages and may pass these costs through to Service Providers in our sole discretion.
· Depending on whether you are operating as a sole proprietor or through another legal entity, we will retain a third party to do a background check on you as an individual or on partners, officers, shareholders, or members of an entity, as such third party deems appropriate. They may also request proof of insurance and ownership of equipment and other matters we or the third party may deem proper. You agree to cooperate with such background check and other efforts to confirm your suitability to act as a Service Provider with Curb-It.
· Once you pass our initial review, you may join our network by reviewing and approving this Agreement online. You are the able to place bids for job requests published in the territory(s) you are approved to operate within.
· When Customers sign up and sign in to initiate particular jobs, they will typically upload job picture(s) of the work and items involved, and the qualified Service Providers in that customer’s area will submit bids for what it will take to complete the work and dispose of any items/material the customer has posted. When a job is offered as a fixed-price job, the job will be awarded to the first Service Provider to accept it at the published price.
· Once bids are received, the Customers get to choose which Service Provider they will use for their job. They will be able to see the Service Providers’ bid, their star ratings, the number of jobs they have done using our App. Customers do not have to choose the lowest cost Service Provider, but the one that looks like they will best fit their needs. The choice is in their sole and absolute discretion.
· Once a customer chooses a specific Service Provider, the Service Provider has a limited time to accept the offer. When you do accept an offer, the credit card the customer has provided is authorized. One to two hours before the time the customer has indicated for their job, the App allows Customers and Service Providers to contact each other directly, and you can make any other arrangements necessary for completion of the job.
· Once your bid is accepted, you are required to complete the job for the price agreed. It is your responsibility to assure that your bid considers all costs related to the performance of the job, including the legal and responsible disposal of all items and material that is to be hauled away. If the Customer discloses more items be hauled away than were presented in the original job request, after arriving at the job site, you may use the “add items” feature in the app to request additional payment for those items.
· Once a Customer accepts your bid, they may cancel at any time prior to your arrival. The Customer may be charged a cancelation fee under these circumstances and Curb-It may provide some portion of this fee to you as compensation for your efforts in its sole discretion and on a case by case basis.
· Once you have arrived at the Customer’s location, you agree to complete the work in a professional manner. You agree not to request help from the Customer. Any helpers you bring to the job site must be 18 years or older and authorized to work in the United States. All helpers must be under your direct control and supervision at all time while on a job site.
· Once you have picked up the unwanted items from the customer, you will so indicate using the App, and the customer’s credit card will be charged. Our fees are deducted from amounts rendered to Service Providers. We will first deduct the amount of any credit card fees charged, then deduct supplemental insurance premiums and then pay you the remainder in accordance with our “Service Provider Payment Schedule” which shall change from time to time and with or without notice. We will retain the remainder. Payment will be made to you in any reasonable manner we determine in our discretion.
· ALL WORK, INCLUDING ADDITIONAL WORK REQUESTED AFTER THE SERVICE PROVIDER ARRIVES ON SCENE MUST BE APPROVED AND TRANSACTED THROUGH THE APP IN ORDER FOR OUR INSURANCE TO PROTECT YOU. UNDER NO CIRCUMSTANCES SHOULD YOU CONSIDER A CUSTOMERS REQUEST TO CIRCUMVENT THE APP OR TO PAY WITH CASH. THIS IS FOR YOUR AND THE CUSTOMERS PROTECTION.
Restrictions on Services and Contacts
Collection of day-to-day garbage in some communities is regulated by local laws and regulations. By entering into this Agreement, you agree that you will not use the Services for any Prohibited Items (defined above), for daily garbage collection or any other use prohibited by local laws or regulations where such regulations exist.
You also agree that you will not attempt to circumvent the Services in any way to avoid paying our fees. This would occur, for example, by contracting directly with the customer or by making other arrangements that prevent us from getting paid. This obligation continues for one year after the most recent time you provide services for a specific customer.
Permission and Applicable Law
You warrant that you have any licenses, permits, or other clearances (“Permission”) required in the community in which you operate. You agree to provide evidence of such Permission upon request from us. If at any time your Permission expires or is terminated for any reason, you agree to immediately inform us and to cease doing jobs and submitting bids for which you do not have the required Permissions.
You also agree to comply with all applicable laws, rules, regulations, orders, and any other requirements of applicable municipalities, courts, and other authoritative organizations. You will not store, burn, bury, dump, or otherwise dispose of unwanted items, except as allowed by applicable laws. You agree to immediately inform us if you receive any order, notice, or other communication demanding that you cease providing the services you provide for Customers of Curb-It.
We grant to you a non-transferable, non-exclusive and revocable license to install one copy of the App on your mobile device (“Device”) and to use the App according to the terms and
conditions set forth in this Agreement. The App is licensed, not sold, to you. Except as expressly granted by this Agreement or otherwise by us or our licensors in writing, you acquire no right, title or license in the App or any data, software, content, application or materials accessed from or incorporated in the App. This Agreement does not give you any rights to any updates or upgrades to the App or to any maintenance releases, patches, fixes, extensions or enhancements (collectively, “Updates”) to the App developed by us or our suppliers or licensors at any time in the future. We may provide Updates and/or support in our absolute discretion. If provided by us, Updates may be delivered automatically, or you may be notified when a new Update is ready to be installed, or when we make such Updates available for download. You authorize us to deliver automatically or force any Update if we believe it is necessary to provide for the continued functionality of the App or for any reasonable business purpose. We are not required to maintain legacy versions of the App, and therefore, forced Updates may be necessary. Your use of the Updates will be governed by this Agreement unless you are asked to agree to new or additional terms at the time of download or installation. You also agree that you may have to enter into a renewed version of this Agreement if you want to download, install or use a new or modified version of the App.
Usage Rules and License Restrictions
You may not use the App for any purpose other than as set forth in this Agreement. While we are not responsible for the things you do and say while using the App, if your communications do not further the overall goal of the App we may take action to prevent your misuse of the App, including suspending your account or terminating your use of the App completely. We do not accept responsibility for any comments or other misuse of any user.
In addition to governing yourself in accordance with the usage rules, you also agree to the following license restrictions. You agree: (a) to use the App solely for the purpose of providing services to Customers through the App; (b) to not install or use a copy of the App on a device that you do not own or control; (c) to not duplicate, copy or distribute the App, except as necessary to use it on your Device; (d) to not license, sell, rent, lease, lend, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third party; (e) to not use the App for any fraudulent, unlawful or illegal activity or in any way that could harm the App or impair anyone else’s use of it or a wireless network or to try to gain unauthorized access to any service, data, account or network by any means; (f) to not modify, translate, or create derivative works based on the App or disassemble, decompile or reverse engineer any part of the App, except and only to the extent that applicable law expressly permits, despite this limitation; (g) to not engage in any harassment, illegal discrimination, or any other offensive or illegal behavior; (h) to not work around any technical limitations in the App; and (i) to preserve all copyright and other proprietary rights notices on the App and all copies thereof.
You acknowledge that prior to providing any type of good and/or service that requires Service Provider to send a representative to the property, Service Provider must have a current certificate of insurance on file with Curb-It for general liability, auto liability, excess liability (if applicable), and workers’ compensation. Additional coverage, including but not limited to professional liability, pollution liability, environmental liability, and criminal/fidelity, may be required if deemed appropriate by the scope of service. Full policy limits available to the Service Provider shall also apply to the additional insureds. Coverage provided to the additional insured shall be applicable for a period of two years from the date the work is completed. Service Provider agrees that all coverage shall be primary and non-contributory. Service Provider agrees to add the following parties, evidenced via an endorsement, which includes ongoing and completed operations, to policies as an additional insured as their interests may appear in regard to work performed by Service Provider: Curb-It and the ownership entity(s) of any client properties where the named insured performs work are included as additional insured on the general liability policy as their interests may appear in regard to work/service performed by the named insured.” Service Provider agrees that a waiver of subrogation shall apply in favor of the aforementioned parties on all policies as permitted by law. Service Provider acknowledges and agrees that the certificate of insurance must remain current and any lapse in coverage will result in the termination of future purchases of goods and services. Insurance requirements identified in this agreement shall take precedence over any conflicting document. Service Provider agrees that Curb-It may pass through Supplemental Insurance Costs with or without notice and it its sole discretion to the Service Provider. You will be informed of these costs in the app prior to being obligated to any jobs which it would apply.
The information that the App collects may be stored locally on your Device and may be transmitted to our servers in countries of the European Union (“EU”), the United States (“U.S.”), and/or other countries where we or our service providers operate. The transmission of information over wireless and wired networks is not inherently secure. We use many tools to help protect your personal information against unauthorized access and disclosure. However, we do not guarantee that your personal information or private communications will always remain private when using the App.
Term and Termination
Your license to use the App is effective until we terminate it or until you uninstall the App. In addition, tour rights under this license will terminate automatically without notice to you if you fail to comply with any of the provisions of this Agreement. We reserve the right to suspend, discontinue, enhance, update or otherwise modify the App, or its availability to you, at any time without notice. Upon termination of the license to the App, you will cease all use of the App.
Warranty Disclaimer and Liability Limit
EXCEPT FOR WARRANTIES SET FORTH EXPRESSLY IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY. EACH PARTY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE. CURB-IT DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE APP OR THE SERVICES, OR AGAINST INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. WE DO NOT WARRANT THAT THE APP OR THE SERVICES WILL BE ERROR-FREE OR THAT OPERATION OF THE APP OR SERVICES WILL BE SECURE OR UNINTERRUPTED. WE DO NOT GUARANTEE OR WARRANT THAT CUSTOMERS WILL ACT IN ANY PARTICULAR MANNER OR THAT SIGNING UP FOR THE SERVICES WILL RESULT IN ANY LEVEL OF BIDDING OPPORTUNITIES OR ACCEPTED BIDS. WE DO NOT GUARANTEE OR REPRESENT THAT CUSTOMERS OR THIRD PARTIES WILL NOT ENGAGE IN CONDUCT, WILLFUL, NEGLIGENT, OR OTHERWISE, THAT WILL HARM YOU. WE CANNOT BE HELD RESPONSIBLE FOR THE CONDUCT OF CUSTOMERS.
EXCEPT WITH REGARD TO OUR WILLFUL MISCONDUCT, NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, AND IN CONSIDERATION OF THE RELATIVE RISKS AND REWARDS, WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF WE ARE APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING; NOR, EXCEPT FOR OUR WILLFUL MISCONDUCT, SHALL OUR TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF $500.00.
Release and Indemnity
Your use of the Services involves risks for which we cannot be responsible. As between you and the Customers for which you render services, all interactions are independent of us. You must independently and wisely govern your interactions with Customers, as well as all other aspects of your provision of hauling services. For these reasons, you hereby release Company and its employees and agents from any and all liability arising out of your use of the Services and your providing any hauling services, and you waive any claims against Company, its employees and agents, that may arise out of or be related to your interactions with Customers and your and their use of the Services. You also agree to defend, indemnify, and hold Company, its employees and agents, harmless from and against any and all losses, damages, judgments, settlements, and other claims, including attorney fees and court costs, arising out of or related to (1) your breach of any of the provisions of this Agreement, including without limitation the usage rules, (2) your use of the App, (3) your negligent or intentional acts or omissions, (4) any injury to you or others that may occur in the course of rendering hauling services, and (5) your conduct that is contrary to applicable law. You agree, if we so request to appoint us as your agent for purposes of pursuing and managing any insurance claims arising out of or related to this Agreement.
You agree that nothing in this Agreement shall, or shall be deemed to, create any franchise or relationship of agency or employer/employee between you and us. You are an independent contractor and agree to file your own taxes, to use your own uniforms, if any, to use your own tools and equipment, to provide your own transportation, to provide your own workers
compensation, and to determine your own hours. You agree to defend and indemnify us from and against any claim that you are our agent or employee. Curb-It provides a service connecting Service Providers and Customers, and despite the services it renders performing background checks and confirming insurance, those items are provided as a convenience only, and they create not special relationship of trust with us. The relationship between Service Providers and Customers is independent of the Services provided by us. We cannot be held responsible for any claim that exists between Service Providers and Customers.
Intellectual Property Rights
We agree to defend, indemnify, and hold you harmless from and against any losses, damages, judgments, settlements, and other claims, including attorneys’ fees and court costs that may arise out of a third-party claim that your authorized use of the App infringes on the intellectual property rights of such third party. You acknowledge that we will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. Our agreement to indemnify and defend you and to hold you harmless is contingent upon you providing us prompt notice (no more than 15 days) that you have received a communication alleging an infringement.
Except as explicitly stated otherwise, legal notices will be served, with respect to Company, on Company’s registered agent, and, with respect to you, to the email address you provide to Company during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, without reference to the United Nations Convention on the International Sales of Goods. The parties hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the State of Oregon and waive any objections to jurisdiction therein that are based on forum non conveniens.
If any provision of this Agreement, including without limitation the warranty disclaimer and liability limitation terms, shall be unlawful, void, or for any reason unenforceable, then the unenforceable or void portion of that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
The headings used in this Agreement are for ease of reference only. They are not intended as a complete re-statement of the matters contained under each heading, and you acknowledge that you have read and understand all the text of this Agreement, and not just the headings.
This Agreement and any applicable terms agreed in a sign-up document, as each may be amended as set forth herein, are the entire agreement between you and Company relating to the subject matter herein.
Claims; Statute of Limitations
YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
In case of an action to enforce any rights or conditions of this Agreement, or appeal from said proceeding, it is mutually agreed that the losing party in such suit, action, proceeding or appeal shall pay the prevailing party’s reasonable attorney fees and costs incurred.
No waiver of any of this Agreement by Company is binding unless authorized in writing by an executive officer of Company. In the event that Company waives a breach of any provision of this Agreement, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of this Agreement and will in no manner affect the right of Company to enforce the same at a later time.
Company will not be liable for, or be considered to be in breach of, or default under, this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any cause or condition beyond Company’s reasonable control.
All provisions of this Agreement, other than those entirely fulfilled within the term of the Agreement shall survive the expiration or earlier termination of this Agreement.
Waiver of Jury Trial.
Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.
By clicking “I Accept,” you indicate your acceptance of these terms, both on your own behalf as an individual and on behalf of any entity for which you are accessing the App. If you are acting on behalf of an entity other than yourself, you warrant that you are authorized to bind the entity on whose behalf you are accessing the App and agree that it will abide by the terms of this Agreement.