Welcome to Garbage Detour. Before using our service, it is important to understand our terms, policies and rules.

Accepting these Terms
This document, our rules, policies and the other documents referenced herein make up our Terms of Service (“Terms”). The Terms are a legally binding contract between you and Garbage Detour, Inc (“Garbage Detour”). This contract sets out your rights and responsibilities when you use Garbage Detour and our Service (the “Service” includes the “Website” and the application for your mobile device (the “App”), To access most features of the Service, you must register for an Account with us (an “Account” or a “Garbage Detour Account”). Our Service includes all related websites, networks, downloadable software, and other services provided by us and on which a link to the Terms or Help Center are displayed. Please read our Terms completely and carefully.

BY USING OUR SERVICE, YOU’RE CREATING A LEGALLY BINDING CONTRACT TO COMPLY WITH ALL THE TERMS.

The Help Center is used to host policies in the Policy Center such as the list of Prohibited Conduct and Prohibited Items, product guidelines, and provide clarifications to frequently asked questions (“FAQ”). The Policy Center is available on the bottom of the website and as a link under “Support.” These may also be accessed from the side menu of the App.

We may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we change the Terms in a way that reduces your rights or increases your responsibilities, we will provide you with a notification.

Some important introductions for you.

  1. Description of the Service
    The Service is an online consumer-to-consumer and business-to-consumer focused marketplace. We have only one Garbage Detour Account type.

Garbage Detour does not sell, purchase any goods itself, take possession of the goods, either for itself or on behalf of Users or others. While Garbage Detour may help facilitate transactions, Users that list and give items through the Service (“Posters”) and Users that pick up items through the Service (“Pickers”) are entirely responsible for the giving of goods (referred to herein as “goods”, “products” or “items”) transactions between them, including without limitation the listing of goods and any applicable product warranties.

Users that advertise desire for a specific product/item/material through the Service (“Listing Advertisers”) are entirely responsible for the content of their listing and how they interact with users.

Posters, Pickers and Listing Advertisers (this means “you”) are collectively referred to herein as “Users” of the Service.

Only one account per entity or individual is allowed. For the intent and purpose of this document, all definitions (above) will apply to your Account regardless of your entity status outside of our Service.

By accepting these Terms, you acknowledge that you will provide accurate and timely information to Garbage Detour to comply with our regulatory requirements in providing services to you. Further, your acceptance of the Terms includes acceptance of our Privacy Policy.

  1. Other Terms and Policies Which Apply
    To have a Garbage Detour Account you must reside in the United States. For an individual to have an Account you must be at least 18 years old, or the age of majority in your state of residence.

By using the Service, you agree to comply with the following policies and any additional policies that we may notify you of from time-to-time (“Policies”). These Terms apply to all Users:

Privacy Policy & Privacy Notice
Prohibited Conduct
Prohibited Items
Electronic Communications Policy
DMCA/Copyright Notification Policy
Safety Guidelines
Law Enforcement and Information Requests

Garbage Detour helps people in the U.S. list and collect goods that would otherwise end up in a landfill.. The following Terms may apply, depending on how you use our Service. It is important to follow these rules for Garbage Detour to evaluate payment processing decisions and the continued use of our Service.

Poster Guidelines – If you list any items for sale, these additional rules apply to you.

Picker Guidelines – If you use our Service to browse or purchase, these additional rules apply to you.

Listing Advertiser – If you use our Service to advertise for a given product/item/material, these additional rules apply to you.

Law Enforcement and Other Government Agencies Information Requests – If you are contacting us from an authorized law enforcement agency to request information about a User this process applies to you.

  1. Your Account with Garbage Detour
    You’ll need to create an Account with Garbage Detour to use some features of our Service. If Garbage Detour determines that your use of an Account violates any of our Terms, or is otherwise inappropriate or illegal, Garbage Detour may, at its sole discretion, take action, up to and including termination of your Account. Additional information can be found in the Help Center including Seller Guidelines, Buyer Guidelines and/or in the Prohibited Conduct and Prohibited Items policies. If you have previously violated our Terms using another Account, refuse to provide information, or if we are unable to verify the information you provided, you may be ineligible for an Account, and/or your Account may be limited, suspended or closed.

Here are a few rules about Accounts with Garbage Detour:

A User shall not use a Garbage Detour Account for money laundering or any illegal purpose or in violation of any law or regulation or provision of these Terms.

You must be 18 years of age or older to have a Garbage Detour Account, or the age of majority in your state of residence.

You may only register for and maintain one Account.

You are solely responsible for any activity and listings on your Garbage Detour Account.
You are responsible for ensuring your Account accurately reflects your current User Information including your contact information, such as phone number, email and mailing address.

You are responsible for keeping your Account password secure. See Our Safety Guidelines for tips on keeping your Account secure. If you believe your account has been compromised please contact us [email protected].

Please visit our Help Center for questions about setting up an Account with Garbage Detour.

  1. Termination by You
    You may terminate your Account with Garbage Detour at any time from your Account Settings. You can find more information in the Help Center. After terminating your Account, some of your listing content and completed transaction information may still be available in your Account. However, you should save all needed information prior to terminating your Account.
  2. Scope of License
    Our Services are licensed, not sold, to you for use only under our Terms. Garbage Detour reserves all rights not expressly granted to you. Garbage Detour hereby grants you a personal, limited, revocable, non-transferable license to use the App and Website on a single compatible device that you own or control, solely for your own use.

You may not modify, alter, reproduce, distribute or make the App or Website available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App or Website.

You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or Website, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or regulation or third party terms), nor attempt to disable or circumvent any security or other technological measure designed to protect the App or Website or any content available through the App or Website.

The Service may include open source software or third party software. Any such software is made available to Users under the terms of the applicable licenses. Please refer to the Help Center for the applicable notices and license terms.

  1. Third Party Services and Linked Websites
    The Privacy Policy applies to your use of the Service and you consent to the collection and use of your information, including personally identifiable information by Garbage Detour. Our Service may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, payment services such as ZIP) that enable you to export information to third party services. You may also need to use a third party’s product or service to use some features of our Service (like a compatible mobile device to use our mobile apps or to purchase a warranty) or use through our implementation of third party buttons (such as “share” buttons). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use and privacy policies. Garbage Detour is not a party to those agreements; they are solely between you and the third party.
  2. Your Content
    Content that you post using our Service must be content you own or have the right to use (so let’s refer to it as “Your Content”). That includes anything you post using our Service (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).

Responsibility for Your Content. You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it. You have not copied it without permission, this includes Garbage Detour’s trademarked (pending) name or logo.

Permission to Use Your Content. By posting Your Content through our Service, you grant Garbage Detour a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Garbage Detour function and grow. That way, we won’t infringe any rights you have to Your Content and we can help promote your listings and/or Account. By posting Your Content, you grant Garbage Detour a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Service and to promote Garbage Detour, or the Service in general, in any formats and through any channels, including across any Garbage Detour Service or third-party website or advertising medium.

Reporting Infringing Content. Garbage Detour has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Service. If intellectual property that you own or have rights to has been posted to the Service without your permission and you want it removed, please follow the steps listed in our DMCA/Copyright Notification Policy in the Help Center. If Your Content infringes another person’s intellectual property, we will remove it upon receipt of a valid and complete takedown notice. We will notify you if that happens.

Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Garbage Detour’s Service (for legal reasons or otherwise). You agree that you will not post any content that is illegal, abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our policies or any part of our Terms. You also agree not to post any content that is false, misleading or uses the Service in a manner that is fraudulent or deceptive.

  1. Your Use of Our Service
    We grant you a limited, non-exclusive, non-transferable and revocable license to use our Service—subject to these Terms and the following restrictions:
    Don’t Use Our Service to Break the Law. You agree that you will not violate any laws in connection with your use of the Service. This includes any local, state, federal and international laws that may apply to you. It’s your responsibility to obtain any permits or licenses and have proof of ownership or receipts if required; You may not use Garbage Detour to list items that violate any laws, to commit fraud, theft or any other crimes against Garbage Detour, another Garbage Detour User or a third party.

Please review our Prohibited Items and Prohibited Conduct policies for more details.

Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, other harmful computer code, or any activity that provides an excessive burden on the Services, or otherwise negatively affects the enjoyment of the Services by other Users.

Agreement to Receive Electronic Communications. By using our Service, you’re agreeing to our Electronic Communications Policy , which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.

Items You pick up. Garbage Detour does not manufacture, store or inspect any of the items offered through our Service. We provide the venue; but the items in our marketplaces are produced, listed and sold directly by independent third-party posters, so Garbage Detour cannot and does not make any warranties about items’ quality, safety or legality.

Any legal claim related to an item you picked up must be brought directly against the Poster of the item. You release Garbage Detour from any claims related to items sold through our Service, including for defective items, misrepresentations by Posters or items that caused physical injury (like product liability claims).

Content You Access. You may come across materials that you find offensive or inappropriate while using our Service. Garbage Detour is not responsible for the decency, accuracy, or legality of content posted by Users that you accessed through the Service. You release us from all liability relating to that content. You may report content that you believe violates Garbage Detour’s Policies for internal review.

People You Interact With.
You can use the Service to interact with other individuals. However, you understand that we do not screen Users of our Services beyond verification of specific data, and you release us from all liability relating to your interactions with other Users. You may report Users who you believe are engaging in Prohibited Conduct in the Help Center so we may review their Account. Please also follow our Safety Guidelines in all interactions with Users.
Account Limitations. Garbage Detour, may place limits or restrictions on your use of our Service due to your Account activity, limited verified User information available or to enforce a regulatory limit. You may be required to complete certain actions on your Account to remove that limitation.
Other Disclaimers/Warranties.

Garbage Detour is dedicated to making our Service the best it can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
We do not guarantee that the Service will be secure or available at any particular time or location; or that any defects or errors will be corrected; or the results of using the Service will meet all your expectations. We will take every reasonable effort to ensure that the Service will be free of viruses or other harmful materials and to correct defects once identified.

  1. Limitation, Suspension or Termination
    Garbage Detour reserves the right to change, suspend, limit or discontinue any of its Services, in whole or in part at any time for any reason, without notice (unless required by law).

We may refuse service to anyone and may terminate or suspend your Account (and any related Accounts) and your access to the Service in whole or in part at any time, for any reason, without notice unless required by law. For example, Garbage Detour will promptly terminate without notice the Accounts of Users who are determined by Garbage Detour to be “repeat offenders.” A repeat offender is a User who has been notified of a violation of our Terms, engages in infringing activity, or has had content removed from the Service at least twice.

If we terminate, limit or suspend your Account or access to our Service:

You don’t have a contractual or legal right to continue to use our Service, for example, to post or advertise on our Websites or Apps. We will not be liable to you for the effect that any changes to the Service may have on you, including your income or your ability to generate revenue through the Service.

We may require Users to verify information including identity. Garbage Detour may refuse a User access to or suspend a User from all or part of the Service until the completion of such verification including placing holds on your Garbage Detour Account balance.

  1. Fees Generally
    A fee is charged for posting ads.

In general, fees occur as follows:

Service Fees. The purchase of additional products or services facilitated by Garbage Detour or offered outside of Garbage Detour will be communicated at the time of the Service Contract and/or usage and accordingly costs may vary. In general this includes services offered such as Garbage Detour Authenticate, Garbage Detour Local, warranties and delayed payment plans. You may be asked to accept additional terms offered through Garbage Detour or a third party to use these services.

  1. Disputes Between Users
    Posters agree to resolve any disputes directly with the Pickers according to our Terms.

If there is a dispute between Users, or between a User and a third party with regard to the Service, the matter shall be resolved by such Users at their own cost. Garbage Detour may participate in the dispute at its discretion.

If you have a dispute with one or more Users, you release Garbage Detour and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “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.”

  1. Indemnification; Limitation of Liability
    We hope this never happens, but if Garbage Detour gets sued because of an action you took using our Service, you agree to indemnify us and assist in defending Garbage Detour to the best of your ability. That means you must assist Garbage Detour in defending any matter in which you were involved by providing information related to the experience. You must hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that may arise from your actions, your use (or misuse) of our Service, your breach of the Terms, or your Account’s infringement of someone else’s rights.

Liability Limits. To the fullest extent permitted by law, neither Garbage Detour, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, actual, indirect, special or punitive damages arising out of or in connection with the Service or these Terms. In no event shall Garbage Detour’s aggregate liability for any damages exceed the greater of one hundred ($100) U.S. Dollars or the amount you paid Garbage Detour in the past twelve months for use of the Service.

Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify Garbage Detour from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any 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 (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

Disclaimer of Warranties. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. Garbage Detour DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Garbage Detour IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. Garbage Detour HAS NO RESPONSIBILITY TO DETERMINE IF YOUR OR ANOTHER USER’S PAYMENT INSTRUMENT IS IN GOOD STANDING OR IF YOU OR ANOTHER USER HAVE AN AVAILABLE BALANCE WITH WHICH TO MAKE A TRANSACTION THROUGH THE SERVICE. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTRUMENT ISSUER, OR YOUR REQUESTED TRANSACTION THROUGH THE SERVICE MAY BE UNSUCCESSFUL.

Limitation of Liability. IN NO EVENT WILL Garbage Detour BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Garbage Detour HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS EXPRESSLY PROVIDED IN THE FOLLOWING PARAGRAPH, YOU AGREE THAT THE AGGREGATE LIABILITY OF Garbage Detour TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE AMOUNT YOU HAVE PAID TO Garbage Detour FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (II) $100.

FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TRANSFERS OF FUNDS FROM YOUR Garbage Detour ACCOUNT BALANCE, THE SOLE REMEDY AGAINST Garbage Detour SHALL BE LIMITED TO THE AMOUNT OF THE MONEY TO BE TRANSMITTED PLUS FEES AND CHARGES. IN NO EVENT SHALL Garbage Detour BE LIABLE FOR DAMAGES FOR DELAY, NON DELIVERY, NONPAYMENT OR UNDERPAYMENT OF A PAYMENT TRANSACTION, WHETHER CAUSED BY AN ACT OR OMISSION OF Garbage Detour OR OTHERWISE, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR REGULATION.

Garbage Detour SHALL HAVE NO LIABILITY FOR SUSPENDING OR TERMINATING YOUR ACCOUNT, RESTRICTING ACCESS TO YOUR ACCOUNT OR BALANCES IN YOUR ACCOUNT, OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE.

Garbage Detour SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT PURCHASES OR SALES, THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS, BANK DIRECT DEPOSIT TRANSFERS, OR THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Force Majeure. Garbage Detour shall have no liability for failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action, war or acts of terrorism; acts of nature including earthquakes, fire, flood or other acts of God; pandemics, labor conditions; power failures and/or internet disturbances.

  1. Miscellaneous
    These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and Garbage Detour.

The Terms, including the Policies and other documents incorporated by reference herein, supersede any other agreement between you and Garbage Detour regarding the Service.
If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.

The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms, or any of our rights and obligations under the Terms, at any time without consent.

Notice
If Garbage Detour determines that there is a need to notify or contact a User, it will do so by sending a text message, email, or letter to the email address or mailing address provided by the User. Alternatively, the notice may be displayed on the App or the website, or by other reasonable means. Garbage Detour shall not be liable for any damages incurred due to the fact that Garbage Detour’s notice or communication was not received or was delayed.

You may print or download our policies. If you are a California resident, you may also have these Terms sent to you electronically by emailing us a request for these Terms.

  1. Legal Disputes and Use of Arbitration
    You and Garbage Detour each agree that any and all disputes or claims at law or equity that have arisen or may arise between you and Garbage Detour relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Service, any goods sold, offered, or purchased through the Service, or any payments processed for goods sold, offered or purchased through the Service, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, rather than through other legal proceedings in court, except that you may assert a claim in small claims court, if it meets the criteria for such. Arbitration is more informal than a lawsuit filed in court. It uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. You and Garbage Detour agree that the Federal Arbitration Act governs the interpretation and enforcement of this Article.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND Garbage Detour AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND Garbage Detour AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Arbitration Procedures. The assigned independent arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this or any other applicable Terms or Policies, any part thereof, including, but not limited to, any claim that all or any part of these Terms are void or voidable.

All arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable). The AAA’s rules are available at http://www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must also send a copy of the completed form to Garbage Detour at the following address in order to initiate arbitration proceedings: Garbage Detour, Inc. Attn: Legal PO Box 60178, Palo Alto, CA 94306.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same Garbage Detour User to the extent required by applicable law or regulation. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Costs of Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. For claims under $10,000, Garbage Detour will reimburse you for all arbitration fees, including the initial filing fee, if you are deemed the prevailing party by the arbitrator.

Severability. With the exception of any of the provisions in this Policy, if an arbitrator or court decides that any part of this policy is invalid or unenforceable, the other parts of this Policy shall still apply. If an arbitrator or court decides that any of the provisions in this Policy (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this section shall be null and void.

Opt-Out Procedure

IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THIS ARTICLE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE TERMS FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO Garbage Detour, INC., PO BOX 60178, PALO ALTO, CA 94306.

  1. Notice Regarding Apple®
    To the extent that you are using our App on an iOS device, you further acknowledge and agree to this section. You acknowledge that these Terms are between you and Garbage Detour only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) 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 the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.