Apple Valley'S Big HANDYBAG TERMS OF USE
Please read these Terms of Use carefully and thoroughly. By purchasing and using Apple Valley’s BIGHANDYBAG™ cleanup and waste removal services, you acknowledge that you have read and understand these Terms and you accept and agree to be bound by them. If you do not agree to these Terms, you may not use Apple Valley’s BIGHANDYBAG services, and you may return the BIGHANDYBAG within three (3) days of purchase by calling Apple Valley Waste at 1-877-267-1280. Use of the Big HANDYBAG. You are responsible for complying with all local, state, and federal law regarding disposal of your waste, and with using the BIGHANDYBAG properly. You may use the BIGHANDYBAG for items permitted in the instructions only. You are responsible for the contents of the BIGHANDYBAG. If you do not follow the instructions for use of the BIGHANDYBAG or if you fail to comply with these Terms of Use, Apple Valley may refuse to accept your bag. No refunds will be given if Apple Valley refuses to accept your bag due to your failure to follow the instructions. Apple Valley reserves the right to charge an additional fee for trips beyond the first trip to pick up your bag if the additional trips are due to your failure to follow the instructions. Limitation of Liability. IN NO EVENT SHALL APPLE VALLEY OR ITS AFFILIATES, CONTRACTORS, SUPPLIERS, SERVICE-PROVIDERS, OR MERCHANTS, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF ANY OF THE FOREGOING, BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE BIGHANDYBAG OR APPLE VALLEY’S RELATED SERVICES. UNDER NO CIRCUMSTANCES SHALL APPLE VALLEY OR ITS AFFILIATES, CONTRACTORS, SUPPLIERS, SERVICE-PROVIDERS, AND MERCHANTS, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF ANY OF THE FOREGOING, BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OF THE BIGHANDYBAG OR RELATED SERVICES. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF APPLE VALLEY AND ITS AFFILIATES, CONTRACTORS, SUPPLIERS, SERVICE-PROVIDERS, AND MERCHANTS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF ALL OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF APPLE VALLEY OR ITS AFFILIATES, CONTRACTORS, SUPPLIERS, SERVICE-PROVIDERS, OR MERCHANTS, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE BIGHANDYBAG, OR YOUR USE OF THE BIGHANDYBAG, APPLE VALLEY AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100. IN NO EVENT SHALL APPLE VALLEY BE REPONSIBLE FOR DAMAGE TO YOUR DRIVEWAY IN THE EVENT YOU PLACE THE BIGHANDYBAG IN A LOCATION THAT REQUIRES APPLE VALLEY TO DRIVE ITS TRUCK ONTO YOUR DRIVEWAY TO PICK UP THE BIGHANDYBAG. BY INITIALING THIS SECTION, YOU ACKNOWLEDGE THAT YOU HAVE REQUESTED OR AUTHORIZED APPLE VALLEY TO DRIVE ITS TRUCK ONTO YOUR DRIVEWAY AND THAT YOU WILL NOT ATTEMPT TO HOLD APPLE VALLEY RESPONSIBLE FOR DAMAGE TO YOUR DRIVEWAY AS A RESULT. [INITIAL HERE] _________________________ Indemnification. You agree to indemnify, defend and hold Apple Valley, and the officers, directors, employees, agents, and representatives of Apple Valley, harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys' fees), made by any third party due to or arising out of your use of the BIGHANDYBAG, your violation of these Terms, or your violation of any rights of another. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms. Miscellaneous. These Terms constitute the entire agreement with respect to your use of the BIGHANDYBAG, and any other materials, goods, products, and services available on or in connection with the BIGHANDYBAG. You agree that you shall not contest the admissibility or enforceability of Apple Valley’s copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms. Except as expressly provided for herein, these Terms do not confer any rights, remedies, or benefits upon any person other than you and Apple Valley. Apple Valley may assign its rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without the prior written consent of Apple Valley. These Terms shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. Should any provision of these Terms be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions hereof shall not be affected. Jurisdiction. These Terms shall be governed by and construed under the laws of the United States and the State of Delaware, without regard to conflicts of law principles or rules. Any claim or action brought by you that arises out of or relates to these Terms or use of the BIGHANDYBAG must be commenced within thirty (30) days after the cause of action arises. You and Apple Valley hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts of West Virginia for resolution of any matters related to interpretation, construction, or enforcement of these Terms or otherwise in connection with your use of the BIGHANDYBAG. Questions Regarding these Terms. Please contact us with any questions regarding these Terms by e-mail at [info@applevalleywaste] or by calling (877) 267-1280. Acknowledgement. BY PURCHASING AND USING THE BIGHANDYBAG, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
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