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Terms of Use

1. ACCEPTANCE OF TERMS

By accessing or using the services provided by Neighborly Bins (“Company,” “we,” “us,” or “our”), including our website at neighborlybins.com and our residential waste bin valet services (collectively, the “Services”), you (“Customer,” “you,” or “your”) agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, you may not use our Services.

These Terms constitute a legally binding agreement between you and Neighborly Bins. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting to our website. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

2. SERVICE DESCRIPTION

Neighborly Bins provides residential waste bin valet services, which include:

  • Placement of trash and recycling bins at the curb before scheduled collection times
  • Retrieval and return of containers to designated storage locations after collection
  • Ensuring proper bin positioning for successful waste collection
  • Compliance with all applicable HOA regulations regarding bin placement and removal timing
  • Text message confirmation upon service completion

Our Services are currently available in the Fort Worth 76123 area and surrounding neighborhoods as specified on our website.

3. SERVICE ELIGIBILITY AND ENROLLMENT

3.1 Eligibility

To use our Services, you must:

  • Be at least 18 years of age
  • Be the property owner or have authorization from the property owner to engage our Services
  • Provide accurate and complete information during enrollment
  • Reside within our designated service area

3.2 Account Registration

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. PAYMENT TERMS

4.1 Fees and Billing

  • Service fees are as specified on our website or in your service agreement
  • Payment is due in advance according to the billing cycle selected (weekly, monthly, quarterly, or annually)
  • All fees are non-refundable except as expressly provided in these Terms
  • We accept payment via credit card, debit card, or other payment methods as specified on our website

4.2 Automatic Renewal

Unless you cancel your subscription, your Services will automatically renew at the end of each billing period, and your payment method will be charged the then-current rate for the Services.

4.3 Late Payment

If payment is not received by the due date, we reserve the right to:

  • Suspend or terminate your Services
  • Charge a late fee of $10 or 5% of the outstanding balance, whichever is greater
  • Pursue collection of outstanding amounts

4.4 Price Changes

We reserve the right to change our fees upon thirty (30) days’ advance notice. Notice of fee changes will be provided via email or text message. Your continued use of the Services after the effective date of the fee change constitutes acceptance of the new fees.

5. SERVICE DELIVERY AND CUSTOMER RESPONSIBILITIES

5.1 Service Schedule

Services are provided on scheduled waste collection days as determined by your local waste management provider. We will make reasonable efforts to place bins at the curb before collection and retrieve them within 24 hours after collection.

5.2 Property Access

By enrolling in our Services, you grant Neighborly Bins and its authorized representatives permission to:

  • Access your property for the purpose of moving waste bins
  • Enter through gates or other access points necessary to retrieve bins
  • Perform Services during reasonable hours, which may include early morning or evening hours

5.3 Customer Responsibilities

You agree to:

  • Provide accurate information about bin locations and any access codes or special instructions
  • Ensure bins are not locked, chained, or otherwise secured in a manner that prevents our access
  • Notify us immediately of any changes to property access, bin locations, or collection schedules
  • Ensure bins are not overloaded beyond the capacity that allows safe handling
  • Comply with all local waste management regulations regarding acceptable waste materials
  • Secure any pets that may interfere with our service personnel
  • Maintain bins in reasonable condition suitable for handling

5.4 Service Limitations

We are not responsible for:

  • Missed collections by your waste management provider
  • Damage to bins caused by waste collection vehicles
  • Services not performed due to inaccessible bins, locked gates, or unsafe conditions
  • Weather-related delays or cancellations when conditions pose safety risks
  • Changes to collection schedules made by your local waste management provider without notice to us

6. CANCELLATION AND REFUNDS

6.1 Cancellation by Customer

You may cancel your Services at any time by providing written notice via email to [insert email] or through your account dashboard. Cancellation will be effective at the end of your current billing period. No refunds will be provided for partial billing periods.

6.2 Cancellation by Company

We reserve the right to suspend or terminate your Services immediately, without notice, for:

  • Non-payment of fees
  • Violation of these Terms
  • Abusive, threatening, or inappropriate behavior toward our personnel
  • Providing false or misleading information
  • Unsafe property conditions that endanger our personnel

6.3 Refund Policy

Refunds are provided only in the following circumstances:

  • Service not performed due to Company error: Pro-rated refund for missed services
  • Duplicate billing: Full refund of duplicate charges
  • Service cancellation within 48 hours of initial enrollment: Full refund of initial payment

7. LIMITATION OF LIABILITY

7.1 Service Disclaimer

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEIGHBORLY BINS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

  • Your use or inability to use the Services
  • Any unauthorized access to or use of our servers and/or any personal information stored therein
  • Any interruption or cessation of transmission to or from our Services
  • Any bugs, viruses, or other harmful code that may be transmitted through our Services
  • Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services

7.3 Liability Cap

IN NO EVENT SHALL NEIGHBORLY BINS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO NEIGHBORLY BINS IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

7.4 Property Damage

While we exercise reasonable care in handling your waste bins, we are not liable for:

  • Pre-existing damage to bins
  • Normal wear and tear
  • Damage caused by third parties, including waste collection vehicles
  • Damage to property resulting from bin placement in accordance with standard practices

If our personnel cause direct damage to your property through gross negligence, our liability is limited to the lesser of the actual repair cost or $500 per incident.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Neighborly Bins, its officers, directors, employees, agents, and contractors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any third-party rights, including property rights or privacy rights
  • Any injury to persons or property caused by conditions on your property
  • Any false or misleading information provided by you

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Company Property

All content on our website and in our marketing materials, including but not limited to text, graphics, logos, images, software, and the compilation thereof (collectively, “Content”), is the property of Neighborly Bins or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and Services for personal, non-commercial purposes in accordance with these Terms.

9.3 Restrictions

You may not:

  • Modify, copy, distribute, transmit, display, reproduce, or create derivative works from our Content
  • Use our trademarks, service marks, or logos without our prior written consent
  • Use any automated system to access our Services in a manner that sends more requests than a human can reasonably produce
  • Reverse engineer, decompile, or disassemble any software used in our Services

10. PRIVACY AND DATA PROTECTION

10.1 Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

10.2 Communications

By using our Services, you consent to receive communications from us via email, text message, or phone regarding:

  • Service confirmations and updates
  • Account information and billing
  • Marketing communications (you may opt out of marketing communications at any time)

10.3 Data Security

We implement reasonable security measures to protect your personal information. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

11. DISPUTE RESOLUTION

11.1 Informal Resolution

If you have any dispute with Neighborly Bins, you agree to first contact us at [insert email] and attempt to resolve the dispute informally. We will work in good faith to resolve any disputes.

11.2 Binding Arbitration

If we cannot resolve a dispute informally within thirty (30) days, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Tarrant County, Texas.

11.3 Class Action Waiver

YOU AND NEIGHBORLY BINS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

11.4 Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

12. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms (except for arbitration as provided above) shall be brought exclusively in the state or federal courts located in Tarrant County, Texas, and you consent to the jurisdiction of such courts.

13. COMPLIANCE WITH LAWS AND REGULATIONS

13.1 Local Regulations

You are responsible for compliance with all local, state, and federal laws and regulations regarding waste disposal, including but not limited to:

  • Proper sorting of recyclable materials
  • Disposal of hazardous waste through appropriate channels
  • Compliance with HOA rules and regulations
  • Adherence to local waste management ordinances

13.2 HOA Compliance

While we make reasonable efforts to comply with HOA regulations regarding bin placement timing, you remain ultimately responsible for ensuring compliance with your HOA’s rules. We recommend providing us with a copy of relevant HOA regulations during enrollment.

13.3 Prohibited Materials

You agree not to place prohibited or hazardous materials in bins serviced by us, including but not limited to:

  • Hazardous chemicals
  • Medical waste
  • Explosives or flammable materials
  • Electronics requiring special disposal
  • Any materials prohibited by your local waste management provider

14. FORCE MAJEURE

Neighborly Bins shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, labor disputes, government actions, or failures of third-party service providers.

15. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced with a valid, legal, and enforceable provision that most closely reflects the original intent.

16. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any other legal notices published by us on our website, constitute the entire agreement between you and Neighborly Bins concerning the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

17. WAIVER

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18. ASSIGNMENT

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice to you.

19. CONTACT INFORMATION

For questions about these Terms or our Services, please contact us at:

Neighborly Bins
Phone: (817) 730-1680
Email: [email protected]
Website: neighborlybins.com
Address: 4525 Stepping Stone Drive Fort Worth, Texas 76123

20. ACKNOWLEDGMENT

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SERVICES.

Document Version: 2.0
Last Reviewed: 01/01/2025