By requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages from Hickory Dumpster Rentals LLC (“Sender”, “we”, “us”, “our”) through Sender’s messaging platform (“Platform”), you accept these Terms & Conditions (“Opt-In”).
Notice Regarding Dispute Resolution: This Agreement contains provisions that govern and limit how claims you and the Sender have against each other are resolved. It also contains an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration and (A) you will only be permitted to pursue claims against the Sender on an individual basis, not as part of any class or representative action or proceeding and (B) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Opting In
You authorize Hickory Dumpster Rentals LLC to use auto dialer or non-auto dialer technology to send text messages to the cell phone number associated with your Opt-In (i.e., the number listed on the Opt-In form or instructions, or, if none, the number from which you send the Opt-In, or, if none, the number on file for the account associated with your Opt-In). You also authorize us to include marketing content in any such messages. You do not have to Opt-In or agree to Opt-In as a condition of purchase of any of our offerings.
You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt-In.
You consent to the use of an electronic record to document your Opt-In.
You agree that, in addition to the main messages that we may provide, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.
About the Text Message Services and Opting Out
Message and data rates may apply. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Unless otherwise noted, we may send multiple, recurring messages and frequency may vary. We may terminate any messaging services or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these Terms & Conditions still will apply. Your opt-out request may generate either a confirmation text or a texted request to clarify the Text Message Service to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification.
You consent to the handling of your information as described in our Privacy Policy. To contact customer service, email info@hickorydumpsterrentals.com.
You may text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to opt-out of messages or for additional help, text HELP. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. You may receive an additional mobile message confirming your decision to opt out. These Terms & Conditions still will apply if you withdraw the consent mentioned above.
To request a free paper or email copy of the Opt-In, to update our records with your contact information, or receive help with any messages, please contact us at info@hickorydumpsterrentals.com. Minimum technology requirements may apply for electronic records.
Dispute Resolution
Any dispute or claim arising out of or relating in any way to the Platform will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms & Conditions.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY DISPUTES OR CLAIMS. The rules in arbitration are different. There is no judge or jury. Although review is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court and must enforce the same limitations stated in these conditions as a court would.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association describing your claim and serve a copy of the demand to info@hickorydumpsterrentals.com. The arbitration will be conducted under the AAA rules, including the Supplementary Procedures for Consumer-Related Disputes.
We will reimburse filing, administration, and arbitrator fees for claims under $10,000 unless deemed frivolous. You may choose to have arbitration conducted by telephone, based on written submissions, or in person in the county where you live or another agreed location.
You and Hickory Dumpster Rentals LLC agree:
- No class, consolidated, or representative actions.
- No jury trials.
- The arbitrator may not preside over any form of a representative or class proceeding.
These provisions survive any cancellation or termination of your agreement to use the Platform.
Limitations; Restrictions; Miscellaneous
THIS PLATFORM AND ALL CONTENT ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTIES OF ANY KIND. ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
If you stop using the mobile phone number linked to the Platform, you agree to opt out before canceling or transferring the number. You accept responsibility for any liability if you fail to do so.
YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS from any claim arising from failure to notify us of changes in your mobile number, including TCPA or other legal claims.
You may not use the Platform if under 13. If between 13 and 18, parental or legal guardian permission is required.
You may not send prohibited content, including but not limited to:
- Harassing or defamatory content
- Obscenity, violence, or hate speech
- Malware or pirated content
- Protected personal information (e.g., HIPAA)
- Any unlawful content
You warrant you have authority to accept these terms and that doing so does not breach any other agreement. If any part of these Terms is found invalid, the rest remains enforceable. These Terms may be updated from time to time with notice. Continued participation implies acceptance of any changes.