Terms & Conditions
Trash Monsters Terms & Conditions of Service
This document constitutes a legally binding agreement between you and Trash Monsters LLC. Prior to utilizing the services provided by Trash Monsters, please carefully review the following Trash Monsters Terms and Conditions of Service, the Trash Monsters Privacy Notice, the Trash Monsters Recurring Payment Terms and Conditions, and any other relevant regulations, policies, and terms posted on the Trash Monsters website. By availing yourself of Trash Monsters’ services, you signify your acceptance and agreement to abide by the terms stipulated in this Agreement. If you do not concur with the terms set forth herein, you are prohibited from using Trash Monsters’ services.
**Service Contract and Payment Agreement**
By using our services, you enter into a contractual arrangement with Trash Monsters LLC for the purpose of perform the service of taking out and returning your waste and/or recycling cans at the address specified. This service contract is billed on a monthly basis, and you hereby commit to making advance monthly payments to Trash Monsters for the services to be rendered during the upcoming month. Greater than 2 waste cans will incur an additional cost.
**Definitions**
In the context of these Trash Monsters Terms and Conditions of Service:
“Trash Monsters” means Trash Monster’s can management service.
“Helpers” means persons employed or contracted by Trash Monsters LLC to provide Trash Monsters can management service.
**Property Access**
By submitting your subscription request through our online platform, you grant authorization to Trash Monsters and its designated helpers to access your designated property, including any specified location, for the purpose of managing waste and recycling cans. By subscribing to our service, you affirm your legal authority to grant such access. You bear the responsibility of ensuring unrestricted access for Trash Monsters and its helpers on scheduled service days. Failure to provide access may result in the forfeiture of entitlement to credit or refund.
**Service Description**
Trash Monsters or its designated helpers will remove and return your waste and/or recycling cans on your designated trash collection day or the day prior. Subsequent to collection, Trash Monsters will restore the cans to their original storage location. You acknowledge that, for a fixed monthly fee, Trash Monsters will manage up to 2 garbage cans per week for a duration of one calendar month, encompassing a total of 8-10 service visits. Waste must fit in the garbage cans, helpers will not manage any waste outside of the cans.
**Can Access**
It is incumbent upon you to guarantee that Trash Monsters or its helpers have unimpeded access to your waste and recycling cans on the scheduled service day. This includes providing gate entry codes, lock combinations, security guard authorization, and relocating any pets from storage areas. Should access be hindered for any reason, services will not be rendered for that week, and no credit or refund will be issued. Trash Monsters retains the prerogative to decline service at its discretion.
**Pricing**
You undertake to remit to Trash Monsters the prevailing monthly recurring service fee, in addition to any applicable sales taxes. As of August 1, 2023, the base monthly service fee for ongoing service is $49.99, plus any applicable sales taxes. Trash Monsters reserves the right to modify the monthly service fee at its sole discretion, with or without notice.
**Price Adjustments**
While Trash Monsters strives to maintain competitive pricing, certain cost escalations may be beyond our control. In the event of a change in the monthly service fee, Trash Monsters will issue written notice of such modification at least 2 months prior. You retain the option to cancel if you disagree with the revised fee. Non-cancellation implies acceptance of the updated recurring monthly service fee.
**Billing and Payment**
Service charges are invoiced on a fixed monthly date, corresponding to the date of your initial subscription. For sign-ups between the 29th and 31st, billing will occur on the 28th of each month to ensure uninterrupted service. Billing operates on a recurring monthly basis unless explicit cancellation is requested. Applicable local, state, and federal taxes will be levied in addition to the recurring monthly service fee.
**Payment Authorization**
By accepting these terms and conditions, you elect to enroll in the Trash Monsters Payment Plan and hereby authorize Trash Monsters to initiate charges against the specified Payment Method and its associated Payment Account, in accordance with your selected Payment Plan. Trash Monsters’ can management service will automatically renew monthly, with full Payment being deducted from your chosen Payment Method upon each renewal, unless cancellation is effected in accordance with the terms outlined herein.
**Cancellation Policy**
Either party may terminate this service agreement with a notice period of 1 month, except in cases where special volume pricing arrangements have been granted. Cancellation can be initiated online at https://www.trashmonstersnow.
**Vehicle Handling**
Trash Monsters will make every reasonable effort to position waste and recycling cans curbside for city pick-up. However, in the event of any impact or contact between vehicles and waste or recycling containers, Trash Monsters assumes no liability for resulting vehicle damage.
**Pets**
Homeowners/residents are responsible for containing and restraining their pets.
**Safety and Compliance**
Homeowners/residents bear the responsibility for ensuring compliance with relevant city codes pertaining to fencing, gates, waste lines, and other safety considerations.
**Customer Satisfaction**
Our paramount aim is your complete satisfaction. If any service falls short of your expectations, it is your obligation to inform Trash Monsters within 7 days. This enables us to promptly investigate and address any concerns to your satisfaction.
**Modifications to Service**
Trash Monsters reserves the right to modify, suspend, restrict, or discontinue any or all aspects of its services without prior notice. Amendments to the terms of this Agreement may be effected at Trash Monsters’ sole discretion, and revised terms will be posted on the Trash Monsters website. Continued use of Trash Monsters’ services subsequent to the effective date of amended terms indicates your acceptance thereof.
**Contact Information**
For assistance or resolution of issues, please direct your inquiries to Customer Service at support@trashmonstersnow.com.
**Disputes and Arbitration**
Any disputes or claims arising from or related to this Agreement or Trash Monsters’ services shall be subject to binding arbitration, in accordance with the applicable law, disclaimer of warranties, limitation of liability, and other stipulations as outlined in the Trash Monsters Conditions of Use. Use of Trash Monsters’ services implies your consent to abide by these terms.
**Disclaimer**
Under the terms of this Agreement, Trash Monsters shall not be held liable for any damage sustained by your waste or recycling cans. Additionally, Trash Monsters shall not assume responsibility for property damage arising from acts of nature, fire, vandalism, misuse, or abuse. Trash Monsters disclaims any liability for damage incurred by vehicles backing up into or contacting waste or recycling cans.
**Recurring Payments Terms & Conditions**
By accepting these terms and conditions and enrolling in your chosen Payment Plan, you hereby authorize Trash Monsters to initiate charges against the specified Payment Method and its associated Payment Account, in line with the selected Payment Plan.
Your Trash Monsters can service will automatically renew on a monthly basis. Unless cancellation is executed as per the terms outlined here, Trash Monsters will automatically charge your Payment Method the full Payment upon each renewal.
**Payment, Account, and Method**
You acknowledge that the Payment Method you specify for automatic Payments to Trash Monsters is and will remain an account owned by you. You commit to maintaining sufficient availability under your credit card limit or ensuring adequate funds in the account linked to your debit card or other payment mode. Automatic charges to your Payment Method will transpire on the Billing Date of each payment month according to your Payment Plan. Furthermore, Trash Monsters may engage an account updater service, supported by your Payment Method issuer, to facilitate updates to your Payment Account information in the event of changes.
**Automatic Renewal**
Your can service will continue for the duration of the initial term you selected in your Payment Plan. Subsequent to the expiration of your Payment Plan term, your service will automatically renew for additional prepaid periods of identical duration, unless you opt to cancel prior to renewal or your Trash Monsters can service is terminated by you or Trash Monsters. Your Payment Method will be automatically charged at the prevailing rates upon renewal.
**Payment Notifications**
Apart from a confirmation email confirming your selected Payment Plan, you may not receive any additional payment receipt emails to your Email Account. Such confirmation email constitutes the sole notification from Trash Monsters regarding your Payments under the Payment Plan.
**Maintaining Current Information**
It is your responsibility to ensure that your Payment Method information and Email Account details remain up-to-date throughout the term of the Payment Plan.
**Declined Payment Method**
If any Payment charged to your Payment Method is declined, you grant Trash Monsters authorization to make additional daily attempts for up to twenty (20) consecutive days to process the Payment, if feasible under your Payment Method. If Trash Monsters is unable to successfully charge your Payment Method within this timeframe, and you are enrolled in a recurring Payment Plan, Trash Monsters is authorized to make up to two (2) additional consecutive monthly attempts to obtain authorization for your Payment Method.
**Cancellation**
Cancellation of your Trash Monsters can service is effective immediately upon cancellation request. Cancellation must be initiated on a Business Day and more than 1 month before the Billing Date, unless special volume pricing terms apply. Failure to adhere to cancellation terms will result in the Payment being charged for the impending due Payment. Special volume pricing necessitates a minimum of 3 months’ advance notice for cancellation. If you cancel recurring Payments in a monthly Payment Plan and wish to retain Trash Monsters’ service, you are responsible for promptly arranging payment for the subsequent month on or before the month’s conclusion. Cancellation fees may be applicable if you terminate your Trash Monsters can service prior to the conclusion of any stipulated minimum commitment period. Trash Monsters reserves the discretion to waive all or part of a cancellation fee. The failure to enforce a cancellation fee or any other provision within these Terms and Conditions on a particular occasion shall not constitute a waiver of the right to enforce such terms on subsequent occasions.
**Acknowledgment and Acceptance**
By selecting “I have read and agree to the website terms and conditions” during the subscription process, you acknowledge that you have read and understood these terms and conditions, and you agree to be legally bound by them.
Website Terms of Use Agreement
1. General. This Website Terms of Use Agreement (“Agreement”) governs your access to and use of the website operated by Trash Monsters (“trashmonstersnow.com,” “our,” “us,” or “we”) and located at trashmonstersnow.com (the “Website”). By accessing, browsing, using, and interacting with this Website, you agree that you have read, understood, and accept this Agreement. Please read it carefully and let us know if you have any questions. If you do not agree with any of the terms herein, do not use the Website. This Agreement does not govern your use of any products or services that may be offered by us or any products or services that may be offered by third parties from or in connection with the Website or otherwise, which are subject to their own terms and conditions. You must accept any terms and conditions relating to products and/or services as a condition of receiving such products and/or services.
2. Use of the Website. You may only use this Website for its intended purpose and solely in accordance with this Agreement. In addition, you may not restrict or inhibit any other person from using or enjoying the Website. The Website may contain links to other Internet websites and third-party resources, and we may employ third-party technologies in connection with our Website that require you to accept such third-party terms. We are not responsible for either the availability of these outside resources or their content, including for any products or services you may obtain by contacting any person or entity as a result of the use of the Website or the features hereof. We may, but are not obligated to, monitor your use of the Website.
3. Intellectual Property. This Website and its content are protected by law, including without limitation, copyright law, trademark law, and other applicable international laws and treaties. You are granted permission to display the materials on this Website solely for your own personal, non-commercial use. You may not remove any legends placed thereon. You may not “mirror” any content contained within this Website without our express prior written consent. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without our prior written consent, or the consent of the applicable copyright owner. We do not grant you any licenses, express or implied, to the intellectual property of Trash Monsters or its licensors except as expressly stated in this Agreement.
4. Transmission of Content. Any material, information, or ideas that you transmit to or post to or through this Website by any means will be treated as non-confidential and non-proprietary, despite any legends to the contrary, and may be used for any purpose whatsoever. Notwithstanding the foregoing, all personal information provided by you will be handled in accordance with our Privacy Policy. You agree to the terms of such Privacy Policy by providing your personal information to us.
5. International Use. This Website is controlled and operated by Trash Monsters from within the United States. We make no representations that materials contained within the Website are appropriate or available for use in other locations, and access to the Website from locations where such activity is illegal is prohibited. Those who choose to use the Website from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
6. U.S. Government Restricted Rights. The content of this Website is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.
7. Limitation of Liability. THE WEBSITE AND ITS CONTENT ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
8. Term and Termination. This Agreement is effective as of the date of your first access or use of the Website and shall remain in effect for the duration of your access or use. Your right to use the Website shall automatically terminate upon your breach of the Agreement.
9. General. The laws of the State of Florida, excluding its conflict of law principles, govern this Agreement and your use of the Website. Any suit to enforce this Agreement shall be brought exclusively in the state or federal courts sitting in Duval County, Florida and you hereby consent to the jurisdiction of such courts and waive any venue objection. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. “Trash Monsters,” and all associated logos displayed within the Website are our trademarks (unless otherwise noted). The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
10. Contacting Us. All questions, comments, feedback, and other communications regarding the Website or products and services offered by us should be directed to support@trashmonstersnow.com.
11. Copyright Policy. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please send our Copyright Agent a notice of infringement with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number, and primary email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You may file a notice of infringement with our designated Copyright Agent.
It is our policy to respond to notices of alleged copyright infringement that comply with the requirements of the Digital Millennium Copyright Act (“DMCA”). Our copyright agent can be reached at support@trashmonstersnow.com.
Upon receipt of a proper DMCA notice of infringement, we may promptly remove or disable access to the content that is the subject of the notice. It is our policy in appropriate circumstances to suspend, disable or terminate, without notice and in our sole discretion, the accounts of those subscribers that we determine to be “repeat infringers.”
