TERMS AND CONDITIONS
Our Terms and Conditions
The following Terms and Conditions and any other rules including any guidelines and future modifications posted on this website (collectively the “Terms”) constitute a binding agreement between THE DUMPSTER DIAPER LLC (“we”, “our”, “us” or “THE DUMPSTER DIAPER”) and you, the visitor, governing your access and use of all content, software, functionalities and services including the purchase of products on THE DUMPSTER DIAPER website accessed through the URL thedumpsterdiaper.com (collectively “the site”).
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of the Terms at any time without further notice. If we do this, we will post the changes to the Terms on this page and will indicate at the top of this page the new effective date. Your continued use of the Site after any such changes constitutes your binding acceptance of an agreement to be bound by the revised Terms. If you do not agree to abide by the Terms or any future revised Terms, do not use or access the Site. It is your responsibility to regularly review the Terms.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Buying Products On Our Website
To order a product, you will need to complete the online order form. When you complete this form you are required to provide information about yourself that is true, accurate, complete, and current in all respects.
You must be at least 18 years old to purchase products from this Site.
THE DUMPSTER DIAPER reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
After placing an order with us, you will be sent an email acknowledging that we have received it. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us and availability of the product you have ordered is verified, we will send you an email confirming that your order has been accepted and has been dispatched. Our acceptance of your order brings into existence a legally binding contract between us.
THE DUMPSTER DIAPER takes every care to ensure that the description and specification of our products are correct at the time of publication. THE DUMPSTER DIAPER does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. While the color reproduction of the products is a close representation, we cannot accept any responsibility for any variation in color caused by the browser software or computer system used by you. If a product offered by THE DUMPSTER DIAPER is not as described, your sole remedy is to return it in unused condition.
All items are subject to availability. We will inform you as soon as possible, before accepting your order, if the goods you have ordered are not available.
Prices and Payment
All prices on the Site are given in US Dollars ($) and do not include sales tax or delivery costs.
In the United States all sales on the Site that are shipped to an address within New Jersey are subject to Sales and Use Tax. The sales tax will vary depending on where the merchandise is shipped and will be calculated at checkout.
For international customers, there is no sales tax on orders placed. Please note that we have no control over any customs or import duties that could be levied when the package reaches your destination country and for which you will be liable.
You must pay by debit or credit card at the time of the order. The price of any product is the price listed at the date and time of your order. We may change the price of any product before you place an order. Before accepting your order, we will inform you if a product’s correct price is higher than that stated in your order and you may cancel the order.
Cancellation and Returns
You have the right to cancel or return your non-customized order within 30 days of receipt of the goods. If you want to cancel your order, you need to return the merchandise within those 30 days with the original packaging. Once you have returned the merchandise, the cost of merchandise that was debited from your credit or debit card will be re-credited to your account as soon as possible. Upon your request will provide you with a replacement in lieu of a credit. Shipping and handling costs are not refunded.
For all returns, except where the item is defective, you will be required to arrange and pay for the return of the products to us.
Please be aware that international customs duties and sales taxes are not refunded for shipments outside of the USA. International customers will also be responsible for all international customs duties levied, even if the item you received is defective.
We will only accept returns provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
You have a legal obligation to take reasonable care of the items while they are in your possession. If you fail to comply with this obligation, your entitlement to a refund may be affected.
All custom orders are final and are not eligible for returns. Requests for changes or additional customization or alterations cannot be made for custom products. In the case of manufacturer defect or error, customized items may be returned for credit.
Local Safety Standards and Regulations
Products sold by THE DUMPSTER DIAPER are designed to meet stated U.S. safety standards and regulations. Because local safety standards and regulations vary, THE DUMPSTER DIAPER cannot guarantee that our products meet all applicable requirements in each locality. The purchaser assumes responsibility for compliance with such safety standards and regulations in those localities in which the products will be shipped, sold and used.
· We use a SECURE SOCKET LAYER (SSL) protocol to protect your information against any leakage or misuse. The use of SSL encryption scrambles data sent from the browser to the Site’s server in such a way that only we can read it. If SSL is enabled then you will see a padlock at the bottom of your browser and you can click on this to find out information about the SSL digital certificate registration. The SSL, created by Netscape, is the standard for secure data transmission over the Internet. SSL uses authentication and encryption technology developed by RSA Data Security Inc. Web browsers such as Netscape’s Navigator and Microsoft’s Internet Explorer support SSL.
We take all reasonable care to make our website as secure as possible. We will take all reasonable care to keep the details of your order and payment secure and in the absence of gross negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
·You are responsible for maintaining the confidentiality of your account user name and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. THE DUMPSTER DIAPER will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Links To Other Sites
You may be able to link from the Site to other web sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites have posted. We have no control over sites that are not ours and we are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Site does not imply approval or endorsement of the linked web site by us. If you decide to leave the Site and access these third-party sites, you do so at your own risk.
Use of Site Content
All content on the Site is the property of THE DUMPSTER DIAPER or its licensors who have all right, title and interest in the content, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. Subject to these Terms, no content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of THE DUMPSTER DIAPER or the owner of the content. Except as otherwise set forth in the Terms, any use of the content is strictly prohibited.
The trademarks, logos, trade dress, trade names and service marks displayed on the Site (collectively the “Trademarks”), whether registered or unregistered, may not be copied, imitated or used, in whole or in part, in connection with products and/or services that are not related to, associated with, or sponsored by THE DUMPSTER DIAPER that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders, who may or may not be affiliated with, connected to, or sponsored by THE DUMPSTER DIAPER. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of THE DUMPSTER DIAPER or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. THE DUMPSTER DIAPER will aggressively enforce its Trademark rights to the fullest extent of the law, including seeking criminal prosecution.
By visiting the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and THE DUMPSTER DIAPER.
Any dispute or claim relating in any way to your visit to the Site or to products or services sold or distributed by THE DUMPSTER DIAPER or through the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in a small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award, on an individual basis, the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) in Newark, New Jersey under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The New Jersey Courts (State and Federal) shall have sole jurisdiction over any controversies regarding the use of the Site not subject to the arbitration clause above; Any action or other proceeding which involves such a controversy shall be brought in those courts in New York, New York and not elsewhere. The parties waive any and all objections to venue in those courts and hereby submit to the exclusive jurisdiction of those courts.
The Terms set forth the entire agreement between you and THE DUMPSTER DIAPER pertaining to your use of the Site between you and THE DUMPSTER DIAPER.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this section.
If any provision of the Terms is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of the Terms shall continue in full force and effect.
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You shall not use the Site in any manner contrary to local, state, federal or international law and any regulations having the force of law. THE DUMPSTER DIAPER expressly disclaims any and all responsibility or liability for any action by you and reserves the right to terminate your use of the Site immediately upon notice of your failure to comply with any such law(s) or regulations.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE DUMPSTER DIAPER IS DESIGNED TO MINIMIZE THE SPILLAGE OF ERRANT SOLID DEBRIS FROM THE REAR BOTTOM OF THE TAILGATE ONLY. THE EFFECTIVENESS OF THE PRODUCT WILL DEPEND ON THE PROPER INSTALLATION, FASTENING, AND MAINTENANCE OF THE DUMPSTER DIAPER TO THE TAILGATE BY THE OWNER/OPERATOR DURING USE. THIS PRODUCT IS NOT INTENDED TO BE USED FOR ANY PURPOSE OTHER THAN WHICH IT HAS BEEN DESIGNED AS PER THE ENCLOSED INSTALLATION INSTRUCTIONS. THE DUMPSTER DIAPER COMPANY WILL WARRANT THAT YOUR DUMPSTER DIAPER IS STRUCTURALLY FREE FROM DEFECTS IN MATERIAL OR WORKMANSHIP FOR THE PERIOD OF THE WARRANTY. SUCH WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT. THE DUMPSTER DIAPER COMPANY ASSUMES NO LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES TO PROPERTY OR LIFE ARISING OUT OF THE USE OR MISUSE OF THE DUMPSTER DIAPER.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THE DUMPSTER DIAPER ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE DUMPSTER DIAPER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE DUMPSTER DIAPER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE DUMPSTER DIAPER DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM THE DUMPSTER DIAPER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE DUMPSTER DIAPER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU MUST OBSERVE AND COMPLY WITH ALL APPLICABLE REGULATIONS AND LEGISLATION, INCLUDING OBTAINING ALL NECESSARY CUSTOMS, IMPORT OR OTHER PERMITS TO PURCHASE GOODS FROM THE SITE. THE IMPORT OR EXPORT OF CERTAIN OF OUR GOODS TO YOU MAY BE PROHIBITED BY CERTAIN NATIONAL LAWS. WE MAKE NO REPRESENTATION AND ACCEPT NO LIABILITY IN RESPECT TO THE EXPORT OR IMPORT OF THE GOODS YOU PURCHASE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE DUMPSTER DIAPER’S LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS WHATSOEVER (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), AND REGARDLESS OF THE FORM OF THE ACTION, ARISING FROM THE TERMS OR YOUR USE OF THE SITE WILL AT ALL TIMES BE LIMITED TO THE PRICE OF THE PRODUCT YOU PURCHASED.
You agree to indemnify, defend and hold THE DUMPSTER DIAPER, its parent company, successors, assignees, subsidiaries, affiliates, partners, sponsors, advertisers, content or service providers, contractors or any of their respective directors, officers, employees, agents, representatives, attorneys (collectively the “Protected Entities), harmless from and against any loss, liability, claim, or demand, including attorneys’ fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of (a) your breach of any representations or warranties made by you hereunder or your breach of any term of the Terms; (b) your use of the Site in violation of the Terms; or (c) your violation of any law or the rights of a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of THE DUMPSTER DIAPER.
THE DUMPSTER DIAPER, LLC
402 Marshall Street
Paterson, New Jersey 07503
Notice and Procedure for Making Claims of Copyright Infringement
THE DUMPSTER DIAPER respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide THE DUMPSTER DIAPER’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Company that your copyrighted material has been infringed.
·An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
·A description of the copyrighted work that you claim has been infringed upon;
·A description of where the material that you claim is infringing is located on the site;
· Your address, telephone number, and e-mail address;
·A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
·A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
THE DUMPSTER DIAPER’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
500 Fifth Avenue, Suite 3020
New York, NY 10110