Terms and Conditions

DUMPSTER RESERVATIONS SERVICE TERMS This Service Terms and Agreement for Dumpster Reservations (the “Agreement”) is between Temporary Dumpster LLC (“Temporary Dumpster”) and you (“Client” or “you”). This Agreement governs your solidification of dumpster services (the “dumpster services”) provided by an independent third-party dumpster company (the “Dumpster Company”) arranged by Temporary Dumpster. BY CLICKING “I AGREE”, MAKING A RESERVATION, UTILIZING THE DUMPSTER SERVICES, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THIS AGREEMENT FOR AND ON BEHALF OF YOURSELF AND YOUR ORGANIZATION, AND ARE DOING SO, (B) YOU AND YOUR ORGANIZATION CAN LEGALLY ENTER INTO THESE TERMS AND (C) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU AND THE ORGANIZATION SHALL BE BOUND BY THE TERMS OF THIS AGREEMENT RESERVATIONS AND DEPOSIT Reservations for Dumpster Rental Services may be made electronically through Temporary Dumpster’s website – temporarydumpster.com (the “Website”) or by phone. Until the reservation is confirmed by Temporary Dumpster in writing by email, the reservation is subject to change by Temporary Dumpster. Temporary Dumpster is not responsible for any reservation confirmation that is lost or otherwise not received. Temporary Dumpster may require an upfront deposit at the time of your reservation, subject to the cancellation and refund policy set out below. YOU HEREBY AUTHORIZE TEMPORARY DUMPSTER TO CHARGE THE ACCOUNT PROVIDED BY YOU AT THE TIME OF RESERVATION, AND, IF NECESSARY, INITIATE ADJUSTMENTS FOR ANY TRANSACTIONS CREDITED OR DEBITED IN ERROR OR ADDITIONAL CHARGES. This authority remains in effect until Temporary Dumpster is notified in writing. CHARGE FOR OVERAGES Overage costs include but not limited to damage to the dumpsters, towing fees, extra days, over-weight capacity, and trip fees. Temporary Dumpster will IMMEDIATELY charge you for ANY overage costs by charging the form of payment provided at registration and you hereby authorize Temporary Dumpster charge the form of payment upon removal. All fees for overages will be communicated within 60 days of service date. SCOPE OF WORK Images of dumpsters presented on the Website may differ from the actual Service Dumpsters as we do not own dumpsters. All advertised rates are subject to change without notice and may be increased at any time by Temporary Dumpster in its sole discretion. All dumpster rentals have a 1 ton minimum weight limit. If a dumpster is rented for a certain purpose, such as, but not limited to, concrete only, tree debris only, dirt only, or bricks only, and the dumpster is not filled with only that item, we will change the rental to a Construction and Debris dumpster along with the associated  weight capacity we are offering in that market. The customer will be responsible for all extra weight, trip charges, damage to the dumpster, damage to the property as a result of misusing the specified dumpster in accordance with the Charge for Overages section herein. Client may not move the Dumpster Company’s dumpster in any way. This includes, but not limited to, moving the dumpster on or off the property, loading the dumpster onto a vehicle and transporting the dumpster or damaging the dumpster in any way. While the dumpster is at Client’s location and until it is picked up by Dumpster Company, Client shall bear the risk of loss and damage to the dumpster. This includes any loss or damage related to vandalism, theft, natural events, use, misuse or movement of the dumpster. Subject only to normal wear and tear, the dumpster must be returned in the same condition it was delivered to Client. Client shall pay the cost to repair or the cost of replacement in the event of loss DELIVERY AND PICKUP SCHEDULE Temporary Dumpster guarantees delivery and pickup of the dumpster within 3 business days from the scheduled time. The delivery and pickup of a dumpster may be delayed, due to unforeseen circumstances, such as but not limited to, landfill lines, road closures, weather, DOT regulations governing driver hours, flat tires, overloading of dumpsters, or any other circumstance outside of normal business conditions. CANCELLATIONS AND REFUND POLICY

• If you cancel dumpster services more than 2 business days before the scheduled delivery time, you will be refunded 50% of the total fee owed for the dumpster services, less a 6% credit card processing fee.
• If you cancel 2 business days or less before the scheduled delivery time, you will receive no refund.

If you want to cancel your reservation, send a written notice to: sales@temporarydumpster.com. FAILURE TO PAY OUTSTANDING BALANCE AND DISPUTED CHARGES If any amounts due hereunder are not paid within 2 business days of the due date, and dumpster is onsite, Temporary Dumpster, at its sole option, may have the dumpster on site picked up and unload the contents of the dumpster on site. Notwithstanding the foregoing, failure to pay Temporary Dumpster any outstanding balance within 14 days OR disputing a valid charge per our terms and conditions will lead to Materials Man Lien on the servicing address per Client invoice (Mechanics Lien) pursuant to applicable state law. The Client shall be liable for all costs and expenses incurred by Temporary Dumpster in connection with the collection of any past due or outstanding balances. Such costs shall include, but are not limited to, reasonable attorneys’ fees, costs associated with the filing or enforcement of a Mechanics Lien, issuance of any Notice to Contractor or Notice to Owner, arbitration expenses, fees assessed by any financial institution related to the dispute, charges for returned or dishonored checks, and any other costs reasonably incurred in the enforcement of this Agreement. In the event any amounts payable by the Client under this Agreement remain unpaid following their respective due dates, such unpaid amounts shall accrue interest at a rate of ten percent (10%) per month, or the maximum rate permitted by applicable law, whichever is lower. Interest shall be calculated and compounded monthly from the date such payment was due until the date of full payment. In the event of the Client’s insolvency, dissolution, or the commencement of any bankruptcy or similar proceeding, any unpaid balances shall be deemed personally guaranteed by the majority shareholder of the Client entity, who shall be jointly and severally liable for the full amount of such outstanding obligations.  YOU AGREE NOT TO DISPUTE ANY FEES OR CHARGES IN CONNECTION WITH THE DUMPSTER RENTAL SERVICES THAT WERE OTHERWISE MADE CONSISTENT WITH THE TERMS OF THIS AGREEMENT, INCLUDING CANCELLATION FEES, RESTRICTED ITEM CHARGES FOR TIRES, MATTRESSES AND CHEMICALS, TRIP CHARGES, EXCESSIVE WAIT TIMES, EXTRA WEIGHT CHARGES, EXTRA DAY CHARGES, TOWING FEES, CONTAMINATION FEES, OR DAMAGE TO THE DUMPSTER. If you dispute any such fees or charges, then Temporary Dumpster shall have the right to charge you, and you shall pay, any related fees charged by any financial institution involved with the dispute, 10% interest on the amount owed accruing monthly, attorneys’ fees to implement a Mechanics Lien, any attorneys’ fees and expenses and court or arbitration costs associated with enforcing and collecting payment, and any such fees, charges, or damages suffered by Temporary Dumpster related to or arising from the Improperly Disputed Amounts. ADDITIONAL DAYS AND ADDITIONAL CHARGES CLIENT SHALL BE FULLY RESPONSIBLE FOR ANY OVERAGES CHARGED BY THE DUMPSTER RENTAL COMPANY. OVERAGES SUCH AS ADDITIONAL DAYS, EXTRA WEIGHT OVER WEIGHT CAPACITY, TOWING FEE, DAMAGE TO THE DUMPSTER, TRIP CHARGES, WILL BE CHARGED AT A RATE DETERMINED BY TEMPORARY DUMPSTER IN ITS SOLE DISCRETION. IF DUMPSTER HAS NOT BEEN SERVICED IN 30 DAYS, WE RESERVE THE RIGHT TO PERFORM A FINAL PICK UP ON THAT DUMPSTER.  Temporary Dumpster cannot guarantee the availability of additional days. Time and charges begin when the Service Dumpster is on the way to the drop-off location. DISCLAIMER AND INSURANCE

• Client acknowledges and agrees that Temporary Dumpster and its affiliates do not own any Dumpsters, Landfills, or vehicles to service dumpsters, neither commercial or residential, and will not directly provide the Dumpster Rental Services. No employee of Temporary Dumpster or its affiliates drive any vehicle to deliver, pickup, or service in any way a dumpster. 
• CLIENT ACKNOWLEDGES AND AGREES THAT TEMPORARY DUMPSTER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE DUMPSTER RENTAL SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TEMPORARY DUMPSTER SHALL NOT BE RESPONSIBLE FOR THE ACTIONS OR OMISSIONS OF THE INDEPENDENT THIRD-PARTY DUMPSTER COMPANY, NOR SHALL TEMPORARY DUMPSTER BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY, THAT RESULT FROM THE DUMPSTER SERVICES PROVIDED BY SUCH THIRD-PARTY COMPANY, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM THE MISUSE OF THE DUMPSTER. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLIENT HEREBY EXPRESSLY WAIVES ANY AND ALL CLAIMS AGAINST TEMPORARY DUMPSTER RELATED TO THE DUMPSTER RENTAL SERVICES EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

WAIVER OF LIABILITY Temporary Dumpster provides the Dumpster Rental Services through independent third party dumpster carriers (the “Carriers”) that are directly responsible for providing the Dumpster Rental Services to you. The container is heavy. Keep children away from it at all times. Property Owner or its contractor or agents are responsible for providing an area to support the weight of the container.  Client hereby waives, releases, and forever discharges Temporary Dumpster and its officers, directors, agents, contractors, subcontractors, licensees, employees, and any third-party dumpster company arranged by Temporary Dumpster (collectively, the “Released Parties”) from any and all liabilities, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained by Client or to any property belonging to Client, while participating in or using the dumpster services, regardless of whether such losses are caused by the negligence of the Released Parties, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law. Temporary Dumpster will not be responsible for damage to the home, driveway, sidewalk, grass or surrounding areas. This includes but is not limited to driveway cracks, driveway sinking, oil leakage, fuel leakage, or any other fluids that come from either the dumpster or vehicle carrying the dumpster.  If truck or dumpster is stuck and needs to be towed, customer will be responsible for all associated fees. ANY DAMAGE MUST BE COMMUNICATED WITHIN 5 DAYS OF THE DUMPSTER REMOVAL FOR TEMPORARY DUMPSTER.  LICENSE (a) In situations where You engage Temporary Dumpster to provide Dumpster Rental Services to an event (each, an “Event”) You own or are directly hosting or sponsoring, You hereby grant to Temporary Dumpster a perpetual, fully paid, non-exclusive, and royalty-free license to utilize Your trade names, trademarks, service marks, logos, domain names, marks or other business identifiers related to such Event (collectively, the “Marks”) within the scope of license (the “Scope”) defined in Section 7(c) below. (b) In situations where You engage Temporary Dumpster to provide Dumpster Rental Services to an Event that is owned, hosted or sponsored by a third party, You covenant, warrant and agree to obtain from such third party a perpetual, fully paid, non-exclusive, and royalty-free license to utilize such third party’s trade names, trademarks, service marks, logos, domain names, marks or other business identifiers related to such Event (collectively, the “Third Party Marks”) within the scope of license (the “Scope”) defined below. (c) For the purposes of this Agreement, the “Scope” shall mean Temporary Dumpster’s use of the Marks or Third Party Marks, as the case may be, to advertise and promote Temporary Dumpster’s Dumpster Rental Services by publicizing the fact that Temporary Dumpster has provided such Dumpster Rental Services to or on behalf of such Event. INDEMNIFICATION You shall indemnify, defend and hold harmless Temporary Dumpster, and each of its officers, directors, agents, contractors, subcontractors, licensees and employees (collectively referred to as the “Temporary Dumpster Indemnitees”), and each of them, against and from any and all third party allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatever nature (including reasonable attorneys’ fees), and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise, (“Temporary Dumpster Claims”), arising out of or in any way connected with (a) any actual or alleged violation or breach by you (including any of your employees), Contractors of any of the terms and conditions of this Agreement, (b) violation of any law, rule or regulation, (c) use of the Website by you (including any of your employees or contractors) on behalf of yourself or any third party, (d) any failure to procure the license rights contemplated under Section 7(b) above, and (e) the acts or omissions of you (including any of your employees and contractors). If any Temporary Dumpster Claim is made or any action or proceeding is brought against Temporary Dumpster Indemnitees, or any of them, any such Temporary Dumpster Indemnitee may, by notice to you, require you, at your expense, to resist such Temporary Dumpster Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior approval of such Temporary Dumpster Indemnitee. Your reimbursement, indemnity and contribution obligations under this Section 7 shall be in addition to any liability that you may otherwise have and shall extend upon the same terms and conditions & data protection terms to Temporary Dumpster Indemnitees. You and Temporary Dumpster agree that any dispute, claim or controversy at law or equity that arises out of this Agreement or the Dumpster Rental Services (a “Claim”) will be resolved in accordance with this Section 8 or as Temporary Dumpster and you otherwise agree in writing. GOVERNING LAW AND DISPUTE RESOLUTION (a) This Agreement shall be governed in all respects by the laws of the State of Georgia, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY CLAIM OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT OR THE DUMPSTER RENTAL SERVICES. (b) Arbitration and Class Action Waiver. (i) Arbitration. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND TEMPORARY DUMPSTER (WHETHER OR NOT SUCH CLAIM INVOLVES A THIRD PARTY) IN CONNECTION WITH THIS AGREEMENT OR THE DUMPSTER RENTAL SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES IN COBB COUNTY, GEORGIA. YOU AND TEMPORARY DUMPSTER HEREBY EXPRESSLY WAIVE TRIAL BY JURY. Neither you nor Temporary Dumpster will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. Non-Disparagement You agree to take no action which is intended, or would reasonably be expected, to harm the Company or its or their reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Company. Miscellaneous All written communication can also be sent by certified mail to: Temporary Dumpster 1849 The Exchange SE Suite 100 Atlanta, GA 30339

Terms and Conditions for Operators