Terms of Service
TERMS AND CONDITIONS OF SERVICE FOR RECYCLABLE GLASS PICKUP
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These Terms and Conditions of Service apply to any use of the products and services provided by Glassand, LLC (“Glassand”, “we” or “us”), including our Glassand subscription service (the “Pickup Service”) for the residential pickup and disposal of recyclable glass, use of the Glassand Yellow Bin (“Bin”), reservation program and websites (collectively, the “Services”). “You” is the designated customer, who signs this Terms and Conditions Agreement. In order for you to use the Services, you must agree to these Terms, and agree to not allow any person/household who has not signed up for our Pickup Service use the Service.
If you have any questions, we can be contacted via:
Email: glassandllc@gmail.com
Online chat: glassand.org
Facebook Messenger @glassand
1. To Receive Services:
In order to begin receiving services, you must sign this Agreement. We will provide services as long as you continue to live at the current address we have on file for you. If you move, please notify us immediately. We will continue to provide services at your new address, as long as you keep us current as to your new location and if we provide Pickup Service at that location.
2. Glassand Pickup Services:
We agree to provide you with a Bin, to pickup and dispose of your recyclable glass, and to provide access to our support team.
To enroll in Pickup Services, you will pay a subscription fee that can be paid monthly or annually. The amount of your fees and your selected plan type (monthly or annually) will be displayed in your user account. If you subscribe monthly, you will be billed on the same day of the month as your billing period start date. Your monthly fee will also include any applicable Kentucky tax. You agree to pay and to authorize us to automatically charge the pickup fee and applicable tax to your designated payment method at the start of every new billing period, until your subscription is canceled or terminated. If you subscribe annually, you will be billed on the same day of each year as your billing period start date. Your annual fee will also include any applicable Kentucky tax. You agree to pay and to authorize us to automatically charge the pickup fee and applicable tax to your designated payment method at the start of every new billing period (each year), until your subscription is canceled or terminated.
We agree to pick up the Bin on collection day. Please provide a safe and unobstructed access to the Bin on collection day. You agree to allow us to enter on to your property as your invitees for the purpose of collection of your recyclable glass. Please place your Bin in a visible, accessible location by 8:00 a.m. on collection day.
We reserve the right to limit, modify, suspend or terminate our Services, with or without notice to you. If we terminate or suspend Services, billing will be terminated following the final pickup or suspended until Services resume. You may cancel your subscription at any time provided, however, that you notify us of your intent to cancel your subscription at least 24 hours before the end of your current billing period.
3. Glassand Yellow Bin:
We agree to provide you with one (1) Bin. You may use our Bin for only permitted glass recyclables. You agree to protect our Bin against damage, tampering, theft and misuse, normal wear and tear excepted. Please notify us immediately if your Bin is lost, stolen or damaged.
4. Other Terms and Conditions:
We reserve the right to use, or allow our partners to use, glass recyclables and any remnants in any way and for any purpose and to partner or contract with any entity or person for the use of the glass recyclables.
You agree to not permit anyone else to use the Bin other than for its intended purpose; or for any malicious, illegal or unauthorized purpose; or in a negligent, grossly negligent or reckless manner. You agree to not place any prohibited materials in the Bin or to allow any third party to place any materials in the Bin. Prohibited glass materials include: lightbulbs, windows, mirrors and table tops, clear, flat glass panes, Pyrex bakeware, windshields and other laminated glass, tempered glass, plexiglass and acrylic glass and ceramic, porcelain and crystal. You agree to not make any modifications or alterations to the Bin or otherwise tamper with the Bin. You also agree that any Bin in your use is the exclusive property of Glassand, LLC. Any Bin we provide are rentals, subject to your having an active subscription and we retain ownership of the Bin. Payment of charges for unreturned, lost, stole or a damaged Bin will not constitute a sale, transfer or title to our Bin.
Glassand, LLC shall not be in default for its failure to perform or delay in performance caused by events or significant threats of events beyond its reasonable control, whether or not foreseeable, including, but not limited to, strikes, labor trouble or shortages, riots, imposition of laws or governmental orders, fires, floods, storms, pandemics, epidemics, acts of war or terrorism, acts of God and the inability to reasonably obtain materials, supplies or equipment, and Glassand, LLC shall be excused from performance during the occurrence of such events.
Any dispute arising from these Terms and your use of the Pickup Services shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Kentucky.
5. Payment Terms:
You agree to designate a valid payment method to purchase Pickup Services. You authorize us to charge your designated payment method for the cost of the Pickup Service, any damages addressed in Paragraph 4 and applicable taxes. You agree to update your payment method with us if your current method expires or is canceled.
6. Intellectual Property:
You agree that all intellectual property associated with Glassand, LLC or their Pickup Services, including the text, graphics, images, photographs, videos, illustrations and other content related thereto are the property of Glassand, LLC.
7. Indemnification:
You agree to indemnify, defend and hold harmless Glassand, LLC and our affiliates from and against: any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to your access to the use of the Pickup Services or Bin; your breach or violation of these Terms of Services or any applicable laws; your violation, misappropriation, or infringement of any rights of another (including Intellectual Property rights or privacy rights); your conduct in connection with the Pickup Services; your negligent acts or omissions or any dangerous or unsafe conditions of your property. You agree to notify Glassand, LLC of any Claims you become aware of and cooperate with Glassand, LLC in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorney’s fees).
8. Disclaimers of Express/Implied Warranties:
Your use of our Pickup Service is at your sole risk and there are no express or implied warranties.
9. Third Party Payment Processing:
Our payment processing is powered by a third-party, Wix Paymants and its affiliates. The processing of your payment will be subject to the terms, conditions and privacy policies of the payment processor. We are not responsible or liable for the security or performance of the payment processor, any losses arising out of or related to the payment processor nor any activities associated with the payment processor.
10. Limitation of Liability:
In no event shall Glassand, LLC be liable to you for any damages resulting from or relating to any failure of the Pickup Service or Glassand, LLC.
In no event shall either party be liable to the other for any indirect, special or consequential damages or lost profits arising out of or related to this Terms of Service or the performance or breach thereof or the use of the Pickup Service.
Notwithstanding the above, should any Court of proper jurisdiction fail to limit the parties’ liability as set out above, for whatever reason, then, in no event shall any party’s liability to you exceed an amount equal to the total of the Pickup Service fee paid to Glassand, LLC hereunder by you.
11. Dispute Resolution/Binding Arbitration:
In the event a dispute shall arise between the parties to this Agreement, it is hereby agreed that the dispute shall be referred to the American Arbitration Association for arbitration in accordance with American Arbitration Association Rules of Arbitration. Arbitration shall take place in the Commonwealth of Kentucky. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event you fail to proceed with arbitration, unsuccessfully challenge the arbitrator’s award, or fail to comply with arbitrator’s award, we are entitled to costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.
12. Changes to Terms:
We may make changes to these Terms of Services from time to time. If we make changes, we will provide notice of such changes by either sending an email notification, providing notice through our Pickup Service or posting the amended Terms on our website or otherwise. If you do not agree to the amended terms, you must cease accessing and using our Pickup Service and return the Bin to us immediately.