Terms of Use
These terms of use (these “Terms” or the “Agreement”) are a legally binding agreement between you as the user (“you”) and 1-800-JUNKPRO, LLC, its wholly-owned subsidiaries, Affiliates, and franchise systems.
1-800-JUNKPRO, LLC, its wholly-owned subsidiaries, and franchise systems (“1-800-JUNKPRO”, “we,” “our,” or “us”) maintain various websites and mobile apps (collectively, the “Platforms”) which provide services and information to you subject to the following terms and conditions (“Terms of Use”). These Terms of Use govern your use of the Platforms and other digital content services, such as mobile device connectivity. Please read these Terms of Use carefully. Your use of the Platforms signifies your agreement to these Terms of Use. Separate terms and conditions may apply to other 1-800-JUNKPRO services or business transactions.
Notice Regarding Dispute Resolution: These Terms of Use contain provisions that govern how claims you and 1-800-JUNKPRO have against each other are resolved (see Legal Disputes and Arbitration Agreement Section below), including an obligation to arbitrate disputes on an individual basis, which will, subject to limited exceptions, require you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with the Arbitration Section below.
Electronic Communications
When you visit the Platforms or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may choose to communicate with you by e-mail, text messaging, or by posting notices on the Platforms. 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.
Mobile Access & Text Messaging (SMS) Terms
Use of Mobile Devices. If you use a mobile device to access the Platforms, you acknowledge and agree that:
You are solely responsible for all message and data charges that apply to the use of your mobile device to access the Platforms; and
All such charges are billed by and payable to your mobile service provider.
Please contact your participating mobile service provider for pricing plans, participation status and details.
You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage, or service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use. By accessing or using any Platforms via a mobile device, you agree to these Terms of Use and to any applicable terms of a mobile app you may use.
General Terms & Disputes. Without limitation, our text messaging program is subject to these Terms of Use, which contain provisions that govern how claims you and 1-800-JUNKPRO have against each other are resolved (see Legal Disputes and Arbitration Agreement Section below), including an obligation to arbitrate disputes on an individual basis, which will, subject to limited exceptions, require you to submit claims you have against us to binding individual arbitration unless you opt-out in accordance with the Arbitration Section below.
Opting Out. You can opt out from receiving SMS/MMS text messages by responding STOP to any message you receive in our text messaging program, or just texting STOP to the number from which you currently are receiving our text messages. In either case, you will receive one additional message confirming that your request has been processed. For all other help inquiries, please text HELP to the number from which you are currently receiving the Coupon Message.
Your Own Wireless Plan. As always, message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
Your Duties for Your Own Phone Number. You represent that you are the account holder for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for promptly notifying us at 1-800-586-5776. Neither we, our vendors, nor any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Participation Subject to Termination or Change. We may suspend or terminate your receipt of automated messages from us if we believe you are in breach of these Terms of Use. Your receipt of these messages is also subject to termination in the event that your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.
Our Privacy Policy
Our Privacy Policy, available at https://1-800-junkpro.com/privacy-policy/ (“Privacy Policy”), governs the collection, use, and disclosure of your personal information. This policy is incorporated into these Terms of Use by reference. By accessing the Platforms, you agree to the practices described in our Privacy Policy.
Minors
The Platforms are not intended for use by anyone under the age of majority in their jurisdiction and you acknowledge that you are fully able and competent to enter into these Terms of Use, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. By accessing, using, and/or submitting information to or through the Platforms, you represent that you are at least age 13. Anyone between the age of thirteen (13) and the age of majority in your jurisdiction may only use the Platforms under the supervision of his/her parent or a legal guardian.
Users and Accounts
You may need to create an account to use certain features of the Platforms. If you create an account, you agree you will:
create only one account;
provide honest, accurate, current, and complete information regarding yourself;
keep your information updated and accurate;
keep your account password private and not share it with others; and
notify us if you discover or suspect that your account has been hacked or that its security has been breached.
You agree to take responsibility for all activities on or under any account registered to you, and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the Platforms. We do not guarantee that the Platforms are accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Platforms or any component of them and to block or prevent future access to and use of the Platforms and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Platforms will survive such termination.
Placing Orders; Billing & Payment
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your account with us. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in the cancellation of your order. Before accepting an order, we may also request additional information from you. Information verification may be required before the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason, including but not limited to inaccuracies or errors in service or pricing information or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. We may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are valid and that you have sufficient funds to complete the transaction.
If you use Apple Pay as a form of payment (when available) for any transaction(s) via our Platforms, you acknowledge and agree that all such transactions are between you and us only, not with Apple, and Apple is not responsible for any products or services offered by 1-800-JUNKPRO. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our Platforms or any products or services we offer. In the event of any such products or services to conform to any applicable warranty, you understand and agree that Apple has no responsibility for such failure, that Apple has no warranty obligation whatsoever with respect to our products or services, and that Apple is not responsible for addressing any claims by you or any third party relating to our products or services, including, but not limited to:
product liability claims;
any claim that our products or services fail to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your use of any of our products, services, or Platforms infringe any third party’s intellectual property or other rights. You agree to comply with any applicable third-party terms when using our Platforms or services. Apple and Apple’s subsidiaries are third-party beneficiaries of our Terms of Use relating to our Platforms, and upon your acceptance of such terms by using our Platforms and/or conducting any transactions via our Platforms, Apple will have the right (and will be deemed to have accepted the right) to enforce such Terms of Use against you as a third-party beneficiary. You hereby represent and warrant that
you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
you are not listed on any U.S. Government list of prohibited or restricted parties.
Limited Usage Rights
The Platforms are owned by 1-800-JUNKPRO and licensed to you for your limited use solely to learn about and/or purchase our services. Except as expressly provided in these Terms of Use, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of, or otherwise exploit any part of the Platforms. You may not save or archive a significant portion of the material appearing in or on the Platforms. All rights not expressly granted herein are reserved by 1-800-JUNKPRO.
Intellectual Property
Trademarks. The trademarks, logos, trade dress, and service marks (“Trademarks”) displayed on the Platforms belong to 1-800-JUNKPRO, its affiliates, franchise system, third-party licensors, and others. You may not use any of these Trademarks without prior, express written consent from 1-800-JUNKPRO, its affiliates, its franchise system, or the relevant third-party licensors. This includes using hypertext links, HTML tags, meta tags, or any other “hidden text” that utilizes 1-800-JUNKPRO’s name or Trademarks without the express written consent of 1-800-JUNKPRO, its affiliates, or third-party licensors. All rights are reserved.
Platform Materials. All content on the Platforms, including, but not limited to, layout, color schemes, design, text, photographs, illustrations, artwork, editorial materials, and other graphics or digital materials (collectively, the “Materials”), are the property of 1-800-JUNKPRO, its affiliates, or its licensors. These Materials are protected by copyright, trademark, patent, and other intellectual property laws. You acknowledge and agree that the Platforms and the Materials belong to 1-800-JUNKPRO, its affiliates, and licensors, and you do not gain any rights or licenses to these
trademarks;
patents;
copyrights; or
other intellectual property on the Platforms or in the Materials.
You may download a copy of the Materials for your personal, non-commercial use. You may not frame or utilize framing techniques or similar methods to enclose any Materials or Trademark or other proprietary information (including but not limited to images, text, page layout, design, or form) of 1-800-JUNKPRO or its franchise system or its affiliates without the express written consent of 1-800-JUNKPRO.
Any copies of the materials you make or create must include all our copyrights, attributions, and other notices. Except as expressly provided for in these Terms of Use, you are prohibited from and you may not:
Reproduce, modify, publish, transmit, display, perform, distribute, disseminate, broadcast, circulate, or otherwise exploit any content on the Platforms, including, but not limited to, any Materials, in whole or in part, to any third party;
Participate in the transfer, license, or sale of any content on the Platform, including, but not limited to, the Materials; or
Develop or create derivative works or in any way exploit any content on the Platforms, including, but not limited to, the Materials.
No portion of the content on the Platform may be stored on a laptop, in a computer, or in an electronic device that manipulates information or data except for personal and non-commercial use. All rights not expressly granted herein are reserved.
Restrictions on Use
By using the Platforms, you agree not to:
Delete, modify, hack, or attempt to alter any content on the Platform;
Engage in any unlawful activities;
Encourage or solicit others to commit unlawful acts;
Violate any international, federal, state, or local laws and regulations;
Infringe on our intellectual property rights or those of others;
Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
Provide false or misleading information;
Upload or transmit viruses or any malicious code that could harm the functionality of our Platforms, other websites, or the Internet;
Collect or track the personal information of others without permission;
Engage in spamming, phishing, pharming, pretexting, or any other unauthorized data collection activities like crawling or scraping;
Use the Platforms for obscene or immoral purposes;
Interfere with or bypass the security features of our Platforms, other websites, or the Internet.
We reserve the right to terminate your access to the Platforms if you engage in any prohibited activities. We may also cooperate fully with law enforcement or court orders requesting the identification of anyone using the Platform for illegal purposes.
Your Obligation
By using the Platforms, you represent and warrant that:
You are of legal age in your place of residence and have the authority to accept these Terms of Use and enter into this agreement.
You are capable of assuming, and do assume, any risks associated with using the Materials on the Platform.
You understand and accept the terms, conditions, and risks associated with using the content and Materials on the Platforms.
Submitting or Posting Content
The Platforms may allow you and other users to submit, post, display, transmit, and/or exchange information, ideas, opinions, photographs, images, videos, creative works, or other materials (“Post,” “Posting,” or “Postings”). By Posting, you grant us a royalty-free, worldwide, perpetual, non-exclusive license to use, reproduce, modify, adapt, edit, market, publish, store, distribute, publicly and privately display, communicate, perform, transmit, create derivative works from, and promote such Posts (in whole or in part) in any medium now known or developed in the future, for editorial, commercial, promotional, or any other purpose. This includes, without limitation, the right to publish your name in connection with your Post, and the right to sublicense any or all of these rights. You acknowledge that we retain all rights, title, and interest in any compilation, collective work, or derivative work created using or incorporating your Post.
You are responsible for all of your Postings, and you warrant and represent that:
The Post does not and will not infringe on any copyright, third-party rights, or applicable laws or regulations;
You have the necessary rights and licenses to grant the rights outlined here, including any releases, copyright permissions, or other related rights, free from any claims or encumbrances, without violating the rights of any person or entity, including rights of privacy or publicity;
Any person depicted in a photograph or image you submit has provided consent to its use.
No compensation will be paid for the use of your Post, including, without limit, any photograph you may submit. Your Posts will not be returned to you and will not be treated as confidential information.
Postings reflect the opinions of individual users and do not necessarily represent our views or those of our affiliates. We have no obligation to monitor, edit, or review any Postings on the Platforms, and we assume no responsibility or liability for the content of such Postings. This includes any errors, defamation, libel, slander, omissions, falsehoods, obscenities, pornography, profanity, dangers, or inaccuracies found within the Postings on the Platforms. At our sole discretion, we reserve the right to remove any Posting and terminate your account or access to the Platforms for violations of these Terms of Use.
No Endorsement of Third-Party Platforms
The Platforms may contain links to or references to third-party websites, resources, and advertisers (collectively, “Third-Party Platforms”). Your access to or use of such Third-Party Platforms is at your own risk. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third-Party Platforms.
We are also not responsible for the availability of these Third-Party Platforms, nor are we responsible for the aesthetics, appeal, suitability to taste, or subjective quality of informational content, advertising, products, or other materials made available on or through such Third-Party Platforms. No endorsement of any third-party content, information, data, opinions, advice, statements, goods, services, or products is expressed or implied by any information, material, or content from third parties contained in, referred to, included on, or linked from or to the Platforms.
Any concerns regarding third-party platforms should be directed to the relevant platform’s administrator or webmaster.
Copyrights and Digital Millennium Copyright Act (DMCA)
Copyright Ownership. All content, including but not limited to text, images, graphics, videos, software, and other materials available on this website (“Content”), is owned, controlled, or licensed by 1-800-JUNKPRO, its franchise system, or its respective content creators. All Content is protected by copyright laws and international treaties. Unauthorized use of any Content may violate copyright, trademark, and other laws.
Permitted Use. You may not modify, reproduce, distribute, create derivative works, publicly display, or commercially exploit any Content without prior written permission from 1-800-JUNKPRO, its affiliates, its franchise system, its third-party licensors, and others.
User-Generated Content. If you submit any content (such as comments, reviews, or other user-generated materials) to the Platforms or this website, you agree that you are the owner of such content or have the appropriate rights and permissions to submit it. By submitting content, you grant 1-800-JUNKPRO a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and distribute the content in connection with the operation of the Platforms, website, and its services.
DMCA Compliance. We respect the intellectual property rights of others and expect users of this Platform to do the same. Under the Digital Millennium Copyright Act (DMCA), 1-800-JUNKPRO has established a process for submitting copyright infringement claims.
DMCA Infringement Notification. If you believe that any Content on our Platforms infringes upon your copyright, you may submit a notice of claimed infringement under the DMCA to our designated Copyright Agent with the following information:
A physical or electronic signature of the copyright owner or authorized agent;
Identification of the copyrighted work allegedly to have been infringed;
Identification of the material allegedly to be infringing and its location on the Platforms;
Contact information, including address, telephone number, and email address;
A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law (“I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”); and
A statement, under penalty of perjury, that the information provided in the notice is accurate and that you are authorized to act on behalf of the copyright owner (“The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”)
Our designated Copyright Agent for notice of claimed infringement can be reached via email at legal@junk.pro, or U.S. mail:1-800-JUNKPRO, LLC., Attn: Legal, 608 S. Ramsey Drive, Valley Center, KS 67147
Upon receiving a written notification with the required information:
We will remove or disable access to the content that is claimed to be infringing;
We will forward the notification to the party alleged to be infringing; and
We will take reasonable steps to promptly inform the alleged infringer that the content has been removed or that access to the content has been disabled.
DMCA Infringement Counter Notification. Under applicable copyright law, when an alleged infringer receives a notice of copyright infringement, they are entitled to submit a counter-notification in response. To be valid, the counter-notification must be a written communication provided to 1-800-JUNKPRO’s designated copyright agent and must include the following elements:
A physical or electronic signature of the alleged infringer;
A clear identification of the material that was removed or for which access was disabled, along with the specific location where the material appeared before it was removed or access was restricted;
A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of an error or misidentification;
The alleged infringer’s name, address, and phone number, along with a statement consenting to the jurisdiction of the federal district court in the area where the alleged infringer’s address is located. Additionally, the alleged infringer must agree to accept service of legal process from the party who submitted the original infringement notice or their authorized agent.
Once the designated copyright agent receives a counter-notification containing the information outlined above, the removed material will be restored, or access will be re-enabled unless the original complainant provides notice that they have initiated legal proceedings seeking a court order to prevent the alleged infringer from engaging in further infringing activities related to the material on our platforms. We will comply with the law in these situations, restoring content where appropriate.
Termination and/or Removal
We reserve the right, in our sole discretion, to terminate your password, account (or any part thereof), or your access to the Platforms, or to remove and discard any of your posts, communications, or information stored, sent, or received via the Platforms without prior notice for any reason, including, but not limited to:
Concurrent access of the Platforms using identical user credentials;
Allowing another person or entity to use your user identification number to access the Platforms;
Any use of the Platforms except as expressly permitted by these Terms of Use;
Any violation of these Terms of Use or related rules and regulations regarding the use of software or data files contained in or accessed through the Platforms;
Tampering with or altering any software or data files contained in or accessed through the Platforms;
Failure to regularly use the Platforms or a portion thereof; or
Submitting posts that are off-topic or not in alignment with the mission or best interests of the Platforms.
Termination, suspension, or cancellation of these Terms of Use or your access rights shall not affect any legal rights or remedies we may have. Upon termination, all rights granted to you will immediately cease and revert to us and our licensors.
Disclaimer of Warranties
We strive to provide accurate information, but we do not guarantee that descriptions of services or other content on the Platforms are accurate, complete, reliable, current, or error-free. We are not responsible for the availability of external Platforms or resources linked to or referenced from our Platforms, and we do not endorse or assume any responsibility for the content, advertising, products, or other materials available from such external Platforms or resources.
THE PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORMS IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. WE DO NOT WARRANT THAT THE PLATFORMS, SERVERS, OR E-MAILS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE AND OUR AFFILIATES ASSUME NO LIABILITY FOR ANY ERRORS OR OMISSIONS AND RESERVE THE RIGHT TO CORRECT SUCH ERRORS OR REMOVE CONTENT FROM THE PLATFORMS AT ANY TIME WITHOUT NOTICE.
WE MAY MAKE ANY OTHER CHANGES TO THE PLATFORMS AT ANY TIME WITHOUT NOTICE. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM, INCLUDING ANY STORAGE SERVICES AND ITS CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Limitation of Liability
YOU ACKNOWLEDGE THAT YOUR USE OF THE PLATFORMS AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL 1-800-JUNKPRO, ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PLATFORMS OR WITH THE DELAY OR INABILITY TO USE THE PLATFORMS, OR FOR ANY INFORMATION, SOFTWARE AND SERVICES OBTAINED THROUGH THE PLATFORMS, 1-800-JUNKPRO’S REMOVAL OR DELETION OF ANY MATERIALS ON THE PLATFORMS, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF 1-800-JUNKPRO OR ANY OF ITS AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT 1-800-JUNKPRO, ITS AFFILIATES OR LICENSORS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE PLATFORMS.
THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.
Indemnification
You agree to indemnify, defend and hold us, its affiliates, and their respective officers, directors, owners, employees, agents, information providers, and licensors (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liabilities, losses, actions, suits, costs, and expenses (including legal fees) arising out of or related to your breach by you of these Terms of Use. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. We and its affiliates have no obligation to reimburse, defend, indemnify, or hold you harmless for any claims or liabilities resulting from, relating to, or arising out of these Terms of Use or your use of the Platforms.
Release
All users of our Platforms acknowledge and agree that each Indemnified Party is released, discharged, and held harmless from any and all liability arising from third-party claims related to the use of the Platforms. This includes, without limitation, claims for wrongful death, personal injury, financial damages, out-of-pocket expenses, court costs, attorney’s fees, and damage to property or reputation, including claims of libel, defamation, violation of publicity rights, or invasion of privacy. We reserve all rights to pursue equitable and legal remedies related to any fraud or illegal activities involving the use of our Platforms.
If you are a California resident, you waive your rights under California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
The limitations set forth above for New Jersey residents are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.
Limitations on Actions
You agree that any claim or cause of action arising from your use of the Platforms or these Terms of Use must be filed within one (1) year after the claim or cause of action arises, or it will be permanently barred, regardless of any contrary statute of limitations or other applicable laws. During this period, the failure by us or our affiliates to enforce or exercise any provision of these Terms of Use or related rights shall not be considered a waiver of that right or provision.
Legal Disputes & Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY. THIS SECTION APPLIES ONLY WHERE PERMITTED BY APPLICABLE LAW.
Agreement to Arbitrate. You and we agree that any dispute, claim, or controversy arising out of or related to these Terms of Use, the services provided by us, or any agreements associated with the use of our services shall be resolved by binding arbitration, and not in court, except as outlined below. This includes claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory.
Arbitration Procedures. The Arbitration will be conducted by a neutral arbitrator, not a judge or jury, and allows for more limited discovery than a court trial. It will be conducted according to the JAMS Comprehensive Arbitration Rules in effect at the time of the arbitration. The arbitration will occur in WICHITA, KANSAS, unless the parties agree otherwise. You may choose to be represented by an attorney during arbitration or proceed without one. If the class action waiver or any portion of this arbitration provision is found unenforceable, the unenforceable provision will be severed, and the remainder of the arbitration provisions will remain in effect.
Class Action Waiver. You and we agree that all disputes will be resolved on an individual basis. YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator has no authority to hear consolidated claims or class action claims and can only grant relief to the individual claimant seeking relief. If this specific provision is found unenforceable, the entire arbitration agreement will be null and void.
Notice of Dispute. Before initiating arbitration, the party seeking relief must first send written notice of the dispute to the other party. You can send the notice to us via email at legal@junk.pro or by mail to 608 S. Ramsey Drive, Valley Center, KS 67147. The notice must describe the nature of the claim and the relief sought. If the dispute is not resolved within thirty (30) days after the notice is received, the party may proceed with arbitration. If we initiate arbitration, we will send a notice to the email or mailing address you have provided to us. If arbitration is pursued, you will be required to pay the fees set by the arbitration provider, though some fee waivers or reductions may apply depending on your financial situation.
Confidentiality. Any arbitration conducted pursuant to this Agreement will remain confidential. The parties agree to keep all information regarding the arbitration process, including hearings and awards, confidential except as may be required by law or to enforce an arbitration award in court.
Exceptions to Arbitration. Claims related to Small Claims Court, intellectual property rights, and the California Private Attorney General Act are addressed as follows: Notwithstanding the agreement to resolve all disputes through arbitration,
either party may file a claim in small claims court within that court’s jurisdiction,
1-800-JUNKPRO may seek injunctive or equitable relief in any appropriate court to protect its intellectual property rights concerning the Platforms, and
either party may file claims under California’s Private Attorney General Act in a court of law.
Severability. If any portion of this Arbitration and Dispute Resolution Agreement is found to be unenforceable, that provision will be severed from the agreement, and the remaining terms will continue to apply. However, if the class action waiver is found to be unenforceable, this entire arbitration agreement shall be null and void.
Governing Law and Survival. This Arbitration and Dispute Resolution Agreement shall be governed by the laws of the State of Kansas, without regard to its conflict of law principles. This provision shall survive the termination of these Terms of Use and your relationship with us.
Opt-Out. You may opt-out of this arbitration agreement by sending written notice of your decision to opt-out to legal@junk.pro within thirty (30) days of your first use of our services. Your decision to opt-out will not affect any other provisions of these Terms of Use or your relationship with us.
Notice to California Residents
Under California Civil Code Section 1789.3, residents of California are entitled to the following consumer rights information:
The Platforms are provided by 1-800-JUNKPRO, LLC, located at 608 S. Ramsey Drive, Valley Center, KS 67147.
To file a complaint regarding the Platform or to obtain further information about its use, send a letter to the above address or via email at legal@junk.pro, using “California Resident Request” as the subject line.
Additionally, you can reach the following by writing to:
Complaint Assistance Unit of the Division of Consumer Services at the Department of Consumer Affairs
400 R Street
Suite 1080
Sacramento, California 95814
Or by Calling the Complaint Assistance Unit of the Division of Consumer Services at the Department of Consumer Affairs at 916.445.1254 or 800.952.5210.
U.S. Platforms
We control and operate the platforms within the United States. We make no representations that the Platforms or any services offered through them are available or suitable for use in your specific location. Your use of or access to the Platforms should not be interpreted as us intentionally seeking to engage in business or avail ourselves of the benefits or privileges of doing business in any particular state or jurisdiction.
Miscellaneous
Review other policies posted on the Platforms, as these policies also govern your use of and access to the Platforms. If any provision of these Terms of Use is found to be unlawful, void, or unenforceable for any reason, that provision will be considered severable and will not affect the validity or enforceability of the remaining provisions. These Terms of Use, along with any posted guidelines or rules, constitute the entire agreement between the parties regarding the subject matter and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties related to this subject matter.
Updates/Changes
We reserve the right to amend these Terms of Use and to modify, add, or discontinue any aspect, content, or feature of the Platforms. Such amendments, modifications, additions, and/or deletions will become effective upon notice, which may be provided to you by posting on the Platforms, via email, or by any other means. However, any changes will not apply retroactively to disputes arising before the changes were made. By continuing to use the Platforms, you agree to the updated Terms of Use. You are encouraged to review these Terms of Use periodically, as your continued use of the Platforms after any modifications will signify your acceptance of the revised Terms. If you do not agree with the updated Terms of Use, your only remedy is to stop using the Platforms.
Contact 1-800-JUNKPRO
If you have any questions regarding these Terms of Use, please contact us by email at legal@junk.pro or by or U.S. mail:1-800-JUNKPRO, LLC., Attn: Legal, 608 S. Ramsey Drive, Valley Center, KS 67147.