Acceptance of the Terms of Use

Welcome to the Terms and conditions of the website and/or electronic applications and/or online platform of Haulcyon, owned and operated by HAULCYON LLC., a Virginia company (the "Company," "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of the HAULCYON LLC. Service. These Terms of Use are a legally binding agreement between a User or Hauler of the HAULCYON LLC. Service ("you," "your," or "yourself") and the Company.

Please read the Terms of Use carefully before you start to use HAULCYON LLC. Service. By using HAULCYON LLC. Service or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy and you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the HAULCYON LLC. Service.

HAULCYON LLC. Service is offered and available to users who are 18 years of age or older. By using HAULCYON LLC. Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the HAULCYON LLC. Service.

All information we collect on this Website is subject to our Privacy Policy, which can be accessed at www.haulcyon.com, incorporated herein by reference.

Changes to the Terms of Use#

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the HAULCYON LLC. Service thereafter.

Your continued use of HAULCYON LLC. Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

DEFINITIONS#

Website or application for mobile devices: System (s) and / or structure (s) and / or technological platform (s) available on the internet (hereinafter also referred to as the Platform), designed and provided by HAULCYON LLC. , in which Users may make electronic data exchanges or exchanges of data messages with the aim of verifying transactions and / or commercial transactions, in particular, referred to the conclusion of Hauling contracts between Users and Haulers.
Agent: It is HAULCYON LLC., which places the Platform at the service of Users and / or Haulers to facilitate the conclusion of contracts for the transport and proper disposal of the materials in the dumpsters.

ITEMS PERMITTED IN CONTAINERS#

Construction waste material, clean concrete, and dirt/sand, landscape debris, manure, roof shingles, brick, tiles, residential household cleanups. Certain bulk items such as sofas, mattresses, box springs may incur an additional charge depending on local laws and local landfill disposal fees.

ITEMS NOT PERMITTED IN CONTAINERS#

Automobiles, contaminated soil, Paint, oil of any kind, pressured tanks, batteries, liquids, computers, tires, oil of any kind, oil mixtures, oil filters, fluorescent tubes, antifreeze, poisons, pesticides, herbicides, gasoline. No Hazardous material, biohazard materials, toxic, highly flammable, contaminated soil, volatile, radioactive, biomedical, explosive, infectious materials, explosive, or any other substance listed or characterized as hazardous by the United States Environmental Protection Agency or any other state or local agency. In the event prohibited waste is found in the Customer's dumpster, title to all prohibited waste shall remain with Customer and Customer will defend, indemnify and hold harmless Haulers and HAULCYON LLC. from any and all claims, fees related to penalties and costs associated with items not permitted in containers, lawsuits, damages, fines or other liabilities. The indemnities herein shall survive the termination of this agreement.

Hauler/s: Is the natural or legal person/or legal entity registered as such in the Platform that, with the relevant legal authorization, offers Hauling services to Users through the Agent platform and concludes the transportation contract of collection and transfer of dumpsters and the permissible content mentioned in this document from its generation points to legal disposal sites.
User/s: natural or legal person of legal age who requests or orders a dumpster through the Agent’s platform, generating construction waste to be used or finally disposed of according to their characteristics.
User: Any person, of legal age, who accesses, uses, or registers to/on the Platform.
Construction Waste: Any solid residue left over from the construction activity and the execution of civil works or other related complementary activities or analogous.
C&D: Construction and Demolition Waste
Generators: natural or legal person of legal age who performs demolition, excavation and construction, remodeling, and public works activities, generating C&D to be used/or reused and/or legally disposed of according to their characteristics.

Description of Services: HAULCYON LLC. (hereinafter HAULCYON LLC. or the Agent) is a Limited Liability company legally incorporated in the State of Virginia in the United States. HAULCYON LLC Service/s for use only by persons located in the United States. We make no claims that the HAULCYON LLC Service/s or any of its content is accessible or appropriate outside of the United States. If you access the HAULCYON LLC Service/s from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

HAULCYON LLC functions as an intermediary service/s through technological means as a contact portal to facilitate the arrangement and scheduling of on-demand hauling services provided by independent third-party haulers. The access, use or registration in the Platform provided by the Agent will imply the acceptance of the terms when expressly stated, and in particular of the conditions that are detailed below:

HAULCYON LLC. Service is a website and/or electronic applications and/or online platform that connects User/s seeking help with scheduling, arranging on-demand hauling services ("Users") with persons or companies who are willing and able to use their vehicle/s and dumpster/s to remove, transport, properly dispose of C&D waste("Haulers"). For purposes of these Terms of Use, these on-demand scheduling, an arrangement of removal, transport, and proper disposal services shall hereinafter be referred to as the "Services."

YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT PROVIDE HAULING SERVICES OR FUNCTION AS A HAULER.

The Company does not itself, nor will it provide transportation or dumpster services for the Users. Instead, the Company works to connect Users with Haulers, as appropriate. After the Company has matched a User with a Hauler, the User must decide whether or not to accept the Services from the Hauler contacted through the HAULCYON LLC. Service and the Hauler must decide whether or not to offer to provide the Services as requested through the HAULCYON LLC. Service. Such decisions are made in the User's or Hauler's sole discretion. The Company offers HAULCYON LLC. Service to match Users and Haulers, but does not nor does it intend to provide the Services, and, as such, has no liability for any Services provided to any User by any Hauler using the HAULCYON LLC. Service.

On the occasion of the registration and use of the platform, it is understood that User(s), and Haulers accept that the Agent acts in front of the User(s) simply as an agent with representation of the Hauler and / or Company of respective Dumpster/s. Therefore, the Agent arranges the technological infrastructure of the Platform as a contact portal to the Hauler/s service to commercialize at the Hauler's risk and / or Hauling company, the transport and proper disposal services that the latter is authorized to offer in the market under the commercial regulation of the contract and the Hauling activity. That is why all the User(s), and Hauler/s Companies understand and accept that through the use of the Platform the Sender and the Hauler/s are directly linked in the contract that they will come to celebrate, is that those responsible for complying with all the legal and contractual provisions referred to the contractual position they assume on the occasion of the conclusion of the aforementioned Hauling contract.

All payments are due immediately upon ordering of the Service/s and will be facilitated by the Company and our third-party payment processing service using the User's preferred payment method designated in his or her account. The Company will receive a fee from each payment for the Service. The remainder of the payment is then transferred to the applicable Hauler's designated account via direct deposit to the checking or savings account specified in the Hauler's account settings. The Company does not handle the collection of payments and therefore will have no liability to you relating to payment processing.

Payments: All payments made are non-refundable. Additional fees may be applied and the amount may vary depending on the location of service area in the event of

That a User cancels a request for Service 24 (twenty-four) hours in advance after such a request is made on the HAULCYON LLC.
All items that are not permitted in the dumpsters will be returned to the user with an additional charge or disposed according to applicable laws and regulatory framework for the city and charged to the User.
If the user requires relocation of the dumpster, there will be an additional fee.
If the user requires a swap meaning replacing a full container with an empty container, there will be an additional fee based on dumpster size and materials.
There will be an additional charge per ton based on the market rate of the disposal area for overfilling or overweighting of dumpsters.
DIRT, BRICK, CONCRETE, ASPHALT, STONE, SLATE, or GRAVEL, you must use a 10- yard dumpster. There is a weight limit of 8 tons but the material cannot be mixed with any other different materials. If there are mixed, there will be an additional charge.
If the dumpster is unserviceable (location for drop off is not available, no room for drop off or pick up, is blocked, power lines obstructing passage or any other reason that restricts drop off or pick up of the dumpster, there will be an additional service fee.
Any fines the hauler is charged due to an overweight dumpster will be charged to the user.
User agrees to pay all costs and expenses for the collection of unpaid balances.
User agrees to pay all costs and expenses for the collection of unpaid balances.
The user agrees to pay an additional per-day fee that passes the rental period. This extra daily fee will be determined based on the city of the service area.
The user agrees to pay any fines related to permits for dumpsters drop off locations.

Extra charges may appear on an ensuing User/s payment method through the third-party payment processing service added to the original charge. By submitting the payment information or other payment agreement or by providing the User/s credit card, the User/s permits HAULCYON LLC to charge the fees to the account provided by the User/s.

All pricing will be determined by the Company in its sole discretion. Furthermore, the Company reserves the right to change pricing, including the commission fee, at any time and from time to time without advance notice. The Company may, at its sole discretion, offer promotions and discounts to any Users or Haulers, but has no obligation to do so. All payments will be processed using a third-party payment processing service.

All payments to a Hauler will be via terms and conditions of the third party processing service in the Hauler's account settings. The Company does not handle the collection of payments and therefore will have no liability to you relating to payment processing.

Representations and Warranties of Users: The HAULCYON LLC. Service is offered and available to users who are considered adults. By using HAULCYON LLC. Service, you represent and warrant that you are of legal age to and have the right, authority, and capacity to form a binding contract with the Hauler and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the HAULCYON LLC. Service.

You are the sole authorized user of your account with the Company. You are responsible for maintaining the confidentiality of your data, including any password provided by you or the Company for accessing the HAULCYON LLC. Service. The Company disclaims any and all liability that may arise as the result of the use or unauthorized use of your account.

You agree to promptly contact us if you know of or suspect unauthorized use of your account or in the event of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or payment information. In the event of a breach of security on your part, you will remain liable for any unauthorized use of your account until you update your account.

You agree to pay the total fee associated with the service request to Hauler's fee to Hauler/s and the fee to HAULCYON LLC. that may arise when ordering the service contract through HAULCYON LLC. These fees help pay the Haulers, operation of Agent’s Platform and to ensure the best possible service.

You agree to take appropriate care of the equipment supplied by the Hauler/s. The User/s will certify that the dumpster equipment provided by the Hauler/s will be kept safe until it is picked up by the Hauler/s. Any loss or damage of the equipment on site of the User/s designated location will be the obligation of the user/s.

You agree to obtain any and all necessary permits if required by law to have the dumpster dropped off at the designated location/s chosen by you.

You agree to allow Hauler/s a safe admittance to the designated delivery site for the drop-off and pick up of the dumpster as well as provide a delivery and pick up site that can accept the weight of the Hauler/s vehicle and dumpster/s when dropped off and picked up.

You agree to provide satisfactory admittance to the delivery site directed by the original request. Additionally, you provide a location that can accept the weight of the vehicle, equipment, and dumpster/s when dropped off and picked up. You do not hold Hauler or HAULCYON LLC responsible for any harm or damages to any pavement or supplementary sub-surface or any route reasonably needed to accomplish the service request.

You agree to not overload the dumpster that extends above the top of the equipment or dumpster. The weight of the materials in the dumpster should not exceed the allowed DOT guidelines.

You agree not to move or attempt to move or transport indirectly or directly the dumpster from the designated site without prior notice or consent. This will be withheld within the sole discretion of HAULCYON LLC.

Representations and Warranties of Haulers: By using HAULCYON LLC. Service, each Hauler represents, warrants, and agrees that:

All Haulers are independent contractors. Hauler owns or has the legal right to operate the vehicle used for the Services. Such vehicle is in good operating condition and meets industry safety standards and all applicable requirements for a vehicle of its kind.
In case vehicles cause spillage, escape, or loss of debris in areas of public and/or private space these should be picked up immediately by the Hauler/s. All Hauler/s must have with the necessary tools and equipment to perform the respective cleaning of the waste, in the moment a spill occurs, as well as for the respective signage to be implemented while the harvesting works.
Hauler has the ability to lift and carry items that may be up to or exceed 50 pounds.
Hauler will not permit any User to sit, ride, or otherwise occupy the Hauler's vehicle as part of providing the Services.
Hauler has a valid vehicle operating license, registered within the jurisdiction of operation, and is authorized to operate and transport C&D and the permissible contents inside the dumpster listed in this Terms and Condition.
Hauler will maintain at all times a valid policy of liability insurance (in at least the amount required by applicable law) for the operation of Hauler's vehicle to cover any anticipated losses related to Hauler's providing of Services to Users and is a named driver on the insurance policy covering Hauler's vehicle. At the Company's request, Hauler will furnish the Company with a copy of the certificate of insurance covering Hauler's vehicle.
Hauler and Hauler's insurance policy will be solely responsible for and provide coverage for any and all claims or incidents relating to the Services. Hauler will be responsible for any and all damage to Hauler's vehicle, regardless of the cause of such damage.
Hauler will obey all local laws related to the matters set forth herein.
Hauler will not make any representations regarding the Company. Hauler will not offer any outside service and/or provide Hauling and/or other transport services to a User they met through the use of the Agent’s platform.
Hauler agrees to pay Agent a surcharge for cancellation not made prior to 24hrs of the delivery schedule. The fees associated with this surcharge will be $150 per cancellation. This surcharge will be deducted from any amounts otherwise due and owing Hauler from Haulcyon for other work performed or charged/owed to the Hauler for services performed within the Haulcyon platform. Rejecting 3 separate bids within 24 hours in Hauler’s designated zone will restrict the Hauler to bid on new jobs for 24 hours. If the Hauler misses more than 5 deliveries within the 12 month period, the Hauler will be banned from Haulcyon platform.
Hauler will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation in violation of any State or Federal Law.

Representation and Warranties of HAULCYON LLC.#

To put in contact, through the Platform, the User with the Hauling Company that is interested in providing the respective service.
Offer our technology platform to facilitate the smooth communication between the User and the respective Hauling Company.
We do not prequalify or validate the claims of Haulers including with respect to their licensure, insurance, and registration, or their compliance with any other applicable law or regulation. We do not endorse, recommend or refer any specific Hauler, nor do we have any control or influence over actions or decisions made by Users or Haulers. All participants make their own decisions and you acknowledge and agree that we are not in any way arranging junk or waste removal services on your behalf.
Offer free competition between Users and Haulers
Respond to termination and timely requests, complaints, and claims that are brought by Users, or Hauling Companies and have to do with the intermediation service or the Agent Platform.
Process the respective Hauling Company with the petitions, complaints, and claims that are brought to it by Users that have to do with the Hauling service offered through the Platform.
Without prejudice to the aforementioned in these terms and conditions, seek the continued service of the platform to facilitate the conclusion of contracts between the User and the respective Hauling Company.
HAULCYON LLC. Shall not be liable for any damages including monetary loss, costs, expenses, for delays in the delivery or pick up of dumpsters due to any circumstances beyond our control. Some of these circumstances include but are not limited to traffic delays, inclement weather, hazardous roads and/or driving conditions, motor vehicle accidents, delays at landfills, and equipment failure. We will do our best to deliver on scheduled date and time but we cannot and do not guarantee delivery times or dates.

RELATIONSHIP BETWEEN THE USERS /GENERATOR OF THE C&D/Construction Waste AND THE AGENT AND BETWEEN THE AGENT AND THE HAULING COMPANIES

On the occasion of the registration and use of the platform it is understood that User (s), Generator (s), and Hauling Companies accept that the Agent acts in front of the Users, Generator (s) simply as an agent with representation of the Hauling company respectively. Therefore, the Agent arranges the technological infrastructure of the Platform as a contact portal to the Hauling dumpster service to commercialize at the Hauler (s) risk and / or account Hauling company, the Hauling services that the latter is authorized to offer in the market under the commercial regulation of the contract and the Hauling activity. That is why all the Users, Generator (s) and Hauling Companies understand and accept that through the use of the Platform the Users, Generator (s) and the Hauling companies are directly linked in the Dumpster Service Hauling contract that they will come to celebrate, being that those responsible for complying with all the legal and contractual provisions referred to the contractual position they assume on the occasion of the conclusion of the aforementioned Hauling contract.

Prohibited Activities: Users and Haulers agree to use HAULCYON LLC. Service in a manner consistent with any and all applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). In addition, Users and Haulers agree not to:

impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
purport to make representations or statements on behalf of the Company, without the prior written consent of the Company;
"stalk" or harass any person;
use any robot, spider, or other automatic devices, process or means or any manual process to access the HAULCYON LLC. Service for any purpose, including monitoring or copying any of the material on the HAULCYON LLC. Service;
post, distribute or reproduce proprietary information; transmit any material that contains software viruses or malicious computer code;
post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary information;
otherwise attempt to interfere with the proper working of the HAULCYON LLC. Service;
make any defamatory, obscene, or profane statements in information or transmissions communicated to the Company or using the HAULCYON LLC. Services;
link directly to outside websites.
transfer, use, or sell your HAULCYON LLC. Service account to another party.

We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us and to terminate or otherwise restrict your use of the HAULCYON LLC. Service, without compensation or notice, at any time if, in our opinion, you have violated any provision of these Terms of Use or you are engaged in an illegal or improper use of the HAULCYON LLC. Service or the Services.

Proprietary Rights; License: The Company owns and retains the HAULCYON LLC. Service, and all related technology and intellectual property contained therein. In connection with your agreement to be bound by this Terms of Use, the Company hereby grants you a non-exclusive, royalty-free license to use the HAULCYON LLC. Services for the limited purpose of arranging for and performing the Services. Users and Haulers agree not to reverse engineer, disassemble, modify or create derivative works of the Company's software.

All of the information that you provide, publish, or display to the HAULCYON LLC. Service or otherwise send to other Users or Haulers in the registration process, in connection with the Services, or any publicly available area of the HAULCYON LLC. Service, including but not limited to reviews of Users and Haulers (your "Information"), will be stored on computers. You consent to us using your Information to create an account that will allow you to participate in the Services. You are solely responsible for your Information and your interactions with other people in the public. You are responsible for providing accurate, current, and complete information and to maintain and timely update your Information to keep it accurate, current, and complete at all times. You agree that the Company and others may rely on your Information as accurate, current, and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right to terminate your use of the HAULCYON LLC. Service.

Users and Haulers acknowledge that the Company cannot guaranty the accuracy, completeness, or truthfulness of any information provided by any User or Hauler. Some information provided may be offensive, harmful, inaccurate, or deceptive. Users and Haulers hereby accept the risks associated with using HAULCYON LLC. Service and relying on information provided by other Users or Haulers.

By accepting this Terms of Use, each Hauler agrees that the Company may obtain information about his or her background, including without limitation the driving records, references, background information, criminal records, and credit information. Haulers consent to the performance of a background check and agree to facilitate the Company's further investigation at the request of the Company.

Email and SMS Text Communication: Users and Haulers agree and accept that the Company may communicate with Users and Haulers through email and SMS text messages. Such communications are designed to make your use of HAULCYON LLC. Service more efficient. The Company is not responsible for text messaging charges associated with such communications.

Network Access and Devices: You are responsible for obtaining the data network access necessary to use the HAULCYON LLC. Service. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the HAULCYON LLC. Service and any updates thereto. We do not guarantee that HAULCYON LLC. Service, or any portion thereof, will function on any particular hardware or devices. In addition, HAULCYON LLC. Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

User and Hauler Provided Content: We may, in our sole discretion, permit you from time to time to submit, upload, publish, or otherwise make available to us through the HAULCYON LLC. Service textual, audio and/or visual content and information, including reviews and feedback related to the Services and initiation of support requests ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the HAULCYON LLC. Service), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason, without notice to you.

Online and Third Party Content: Certain portions of the HAULCYON LLC. Service may contain online content, content provided by other Users or Haulers, and other information. The Company does not guarantee the accuracy, completeness, or usefulness of any information on HAULCYON LLC. Service nor does the Company endorse nor is it responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company shall not be responsible for any loss or damage resulting from your reliance on information or other content posted on the HAULCYON LLC. Service, or transmitted to Users or Haulers. The Company reserves the right but has no obligation, to monitor the materials posted in the HAULCYON LLC. Service. The Company reserves the right, in its sole discretion, to remove any material that violates, or is alleged to violate, the law or these Terms of Use or that might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users, Haulers or others.

Trademarks: The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks in any manner whatsoever without the prior written permission of the Company.

Geographic Restrictions: We make no claims that HAULCYON LLC. Service or any of its content is accessible or appropriate outside of the United States. If you access the HAULCYON LLC. Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Indemnification: You agree to defend, indemnify and hold the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (each, an "Indemnified Party") harmless from and against any and all losses, costs, damages, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the HAULCYON LLC. Service, including:

any breach or alleged breach of these Terms of Use;
any violation or alleged violation of law or the rights of a third party (including, among others, Haulers, Users, other motorists, and pedestrians);
any claim that any of your Information or materials infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
Hauler's ownership, use or operation of a motor vehicle, including providing the Services;
any damages or losses incurred with respect to the personal items that are the subject of the Services;
any damages or losses incurred by third parties in connection with or as a result of the performance of the Services; and/or
any other activities in connection with the Services.

This indemnity applies regardless of the negligence of any party, including the Indemnified Party.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE HAULCYON LLC. SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE HAULCYON LLC. SERVICE, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE, AND YOU HEREBY IRREVOCABLY WAIVE ANY SUCH LIABILITY ON THE PART OF THE COMPANY.

Other Disclaimers

The Company is not responsible for delays or interruptions in any User's or Hauler's connection or access to the HAULCYON LLC. Service.
The Company is not responsible for and does not monitor interactions between Users and Haulers, whether online or in person.
The Company is only providing a service of connecting Users and Haulers, and therefore the Company has no control over the quality or safety of the Services provided by the Haulers.
The Company is not responsible for any "hacker" attack or technical malfunction affecting telephone or network service, computer systems, servers or providers, mobile phone equipment, email accounts, or Internet connectivity in relation to the Company's software.
The Company may screen or evaluate certain Users and Haulers, but it has no obligation to do so. The Company is not responsible for any actions of Users or Haulers. Users and haulers use HAULCYON LLC. Service at their own risk.

Dumpster dimensions on the website provided are estimations. Some dumpsters could be smaller or larger depending on the manufacturers.

The space requirements listed in these terms and conditions are estimations. Some locations would require more or less depending on the drop off location but these requirements are minimal to allow safe drop off of the dumpsters and should only be used as a guideline.

10-yard dumpster: About 14 feet long and 7.6 feet wide
15-yard dumpster: About 16 feet long and less than 7.6 feet wide
20-, 30-, and 40-yard dumpsters: All about 22 feet long and 7.6 feet wide, but different heights
The size of your delivery area should be a minimum of 10 feet wide with a vertical clearance of 14 to 18ft depending on the dumpster size.
In addition to the Vertical clearance, the Truck delivering the dumpster will need a minimum of 50 feet of clearance in a straight line for parking purposes.

Weight Restrictions and Overload Fees: The user is solely responsible for complying with the weight restrictions applicable to the Equipment. User acknowledges that: (a) each item/unit of Equipment has a designated weight specification and corresponding weight limitation (which varies based on the size and type of the Equipment, as well as other factors); (b) the size and/or volume of the particular item/unit of Equipment is not determinative of the applicable designated weight specification and weight limitation for such item/unit of Equipment; (c) local, municipal, city, county and/or state laws, regulations, rules, and ordinances also govern and limit the weight and/or amount of material that can be legally stored in and/or transported in the Equipment; and (d) rain, water, snow, ice permitted by User to accumulate in the Equipment can increase (and under certain circumstances) exceed the applicable weight restriction relating to specific Equipment. User acknowledges that User is solely and exclusively responsible for determining the weight restrictions applicable to User's dumpster and for strictly complying with such restrictions, including, but not limited to covering and/or tarping the Equipment in order to prevent rain, water, snow, ice accumulation in the Equipment. User hereby acknowledges that User incurs charges and expenses in connection with the transport of loaded Equipment to landfills and that such charges and expenses are based upon the weight of the Equipment. If User fails to comply with applicable weight restrictions, User may incur any pay for charges, expenses, penalties and/or fines from a landfill or other third-party, whether private or public, including, but not limited to traffic fines and penalties or other consequential damages (collectively the "Overload Expenses"). In the event that Hauler/s incurs any Overload Expenses relating to or in connection with User's failure to comply with applicable weight restrictions, then, in addition to all other remedies to which Hauler/s is entitled and in addition to all other amounts, fees, charges and expenses due from User to Hauler/s (including User's reimbursement of all such Overload Expenses to Hauler/s), User will pay Hauler/s a fee based weight restriction for the dumpster ("Overload Fee"), as determined within the sole discretion of HAULCYON LLC and may differ based on location of the service. User acknowledges and agrees that all Overload Expenses and Overload Fees assessed by Hauler/s against User will be charged to User's credit card in accordance with these terms and agreement.

Permits. User acknowledges that certain locations and/or uses of the Equipment may require a permit, license, certification or other local, municipal, city, county and/or state approval relating to the possession, placement, storage and/or transportation of the Equipment (collectively referred to hereinafter as a "Permit"). User represents and warrants to Haulcyon LLC that User (and not HAULCYON LLC or Hauler/s) is solely and exclusively responsible for obtaining and maintaining all necessary and required Permits relating to User's possession and use of the dumpster. In the event that User fails to obtain and/or maintain all necessary and required permits, Hauler/s can pick-up the dumpster without prior notice to User and without any liability to HAULCYON LLC and Haulers. Any additional penalties incurred by the User will be solely responsible by the User.

Governing Law and Arbitration: The present terms and conditions will be governed in their entirety by the laws in the State of Virginia.

Dispute Resolution: Any dispute, claim or controversy relating in any way to your use of the Haulcyon Services or these Terms of Use will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. This arbitration provision shall survive termination of these Terms of Use. ANY ARBITRATION ACTION OR small claims action must be filed in the county of Fairfax, Virginia. You waive any and all objections to the exercise of jurisdiction over you by this court and venue in a court in the county of Fairfax, Virginia.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Use as a court would.

If you elect to seek arbitration or file a small claim court action, you must first send to the Company, by certified mail, a written notice of your claim (a "Notice"). The Notice to the Company must be addressed to support@haulcyon.com (the "Notice Address"). If the Company initiates arbitration, it will send a written Notice to the email address used for your account, if any. A Notice, whether sent by you or the Company, must (a) describe the nature and basis of the dispute, claim or controversy; and (b) set forth the specific relief sought (the "Demand"). If the Company and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or the Company may commence an arbitration proceeding or file a claim in small claims court in Fairfax County.

The arbitration will be administered by the American Arbitration Association (the "AAA") in Washington D.C and will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by these Terms of Use. In the event of a conflict or inconsistency between the AAA Rules and this arbitration provision, this arbitration provision shall govern. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Limitation on Time to File Claims: Any cause of action or claim you may have arising out of or relating to these terms of use or the Haulcyon service must be commenced within three years after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Waiver and Severability: No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement: These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and HAULCYON, LLC with respect to the Haulcyon Service and all of its content, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Haulcyon Service.