Mattress Disposal Plus Terms of Service
This document was last updated: January 19, 2023
The following Terms of Service (“Terms”) are between you, or the company you represent, as a user (“User,” “You,” and/or “Your”) and Load Up Technologies, LLC (“LoadUp,” “us,” “we,” and/or “our”) and govern your access to and use of our websites, which include but are not limited to, www.goloadup.com; www.couchdisposalplus.com; www.mattressdisposalplus.com; and www.junkremovalplus.com (collectively, our “Platform(s)”).
YOU SHOULD READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR PLATFORMS OR SERVICES, AND ESPECIALLY BEFORE YOU PLACE AN ORDER WITH US FOR SERVICES.
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER, WHICH MAY AFFECT YOUR RIGHTS.
1. Our Services
We are a technology, marketing, and communications company that matches individuals seeking haul-away, product assembly and disassembly, and related services with independent third-party service providers (“Third-Party Provider(s)”) capable of performing such work for you (collectively, our “Services”). We are not a waste collection service and do not provide waste collection services and you acknowledge that we are not subject to the same laws and regulations applicable to waste collection service providers and, as such, you may not be entitled to the same consumer protections afforded to consumers dealing with waste collection service providers.
2. Your Acknowledgments
By using a Platform to order Services, you acknowledge and agree that you are requesting that we provide you with referral and booking services only and that we should request and schedule the same with Third-Party Providers on your behalf. You further acknowledge and agree that when we arrange for a Third-Party Provider to perform haul-away, product assembly or disassembly, or related services, we are acting in our capacity as a broker or booking agent. Except as otherwise provided for in these Terms, we have no responsibility for any of the Services. You further acknowledge that you are obtaining all haul-away, product assembly and disassembly, and related services from Third-Party Providers at your own risk and will resolve any and all claims directly with your Third-Party Provider pursuant to the relevant provisions of these Terms.
3. Your Representations
By using our Platform and/or placing an order for Services, you expressly warrant and represent that you:
- Have read, understand, and agree to be legally bound by these Terms;
- Are at least eighteen (18) years old;
- Reside in the United States or any of its territories;
- Own or have legal possession to any and all property to be hauled away, assembled, disassembled, installed, transported, or subjected to any other services made available through the Platforms or these Terms;
- Have the right, authority, and capacity to agree to these Terms; and
- Will comply with any and all applicable laws.
4. License to Use Platforms
We grant to you a limited, non-transferable, non-exclusive license to use the Platforms and Services solely for the uses permitted by these Terms.
5. Restrictions on Use
Restrictions on Use. You may only access the Platforms through the interfaces that we provide for that purpose. You may not:
- License, sublicense, sell, transfer, or otherwise exploit the Platform or Services;
- Alter, make derivatives of, reverse engineer, or any similar activity with respect to any part of the Platforms;
- Use the Platforms in order to compete with us;
- Copy, distribute, display, or transmit any part of the Platforms;
- Use the Platforms or Services for any illegal purpose;
- Remove any copyright, trademark, or other proprietary notices from any portion of the Platform;
- Link to, mirror, or frame any portion of the Platforms;
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Platforms; or
- Attempt to gain unauthorized access to or otherwise impair any aspect of the Platforms or their related systems or networks.
6. Proprietary Material
We are the owner or authorized licensee of all the intellectual property rights associated with the Platforms and Services, including without limitation all copyrights, trademarks, patents, and trade secrets. You do not obtain any interest in any of the intellectual property associated with the Platforms or Services by using the Platforms or Services and we reserve all rights not expressly granted herein.
7. Placing Orders
- In order to place an order for Services made available through a Platform, you must be at least eighteen (18) years of age and you may be required to supply certain information relevant to your order for Services, including without limitation your credit card number, the expiration date of your credit card, your billing address, and service address.
- You warrant and represent that you have the lawful right to use any credit card(s) or other payment method in connection with any order for Services and that the information you provide to us is true, correct, and complete in all respects.
- We reserve the right to refuse or cancel your order at our sole discretion at any time and for any reason, including without limitation availability of Services, errors in the description or price of the Services, other errors in your order, if fraud or an unauthorized or illegal transaction is suspected, or for any other reason.
8. Availability, Errors, and Inaccuracies
While we are constantly updating service offerings on our Platforms, there may be occasional delays in updating information on our Platforms and our advertising on other websites. As such, our Platforms may contain errors or inaccuracies and may not be complete or current. Services may be priced or described inaccurately, or even unavailable, on our Platforms and we do not guarantee the accuracy or completeness of any information found on our Platforms. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Pricing through our Platforms is for the Services made available to you. You acknowledge and understand that pricing is subject to change with or without prior notice before you place an order. Except for situations involving inaccurate information (e.g., incorrect item types, counts, location, stairs, etc.), we will not change pricing on an order already placed. If additional Services are needed, requested, or provided, additional charges will be applied to your credit card on file at our current prices, as listed on our Platforms.
10. Credit/Debit Card Authorization
You authorize us to charge the credit or debit card that you provide when you place an order. Since we accept payment prior to the performance of Services and due to a certain level of uncertainty regarding applicable fees and charges, you agree and hereby give us your authorization to retain your credit/debit card information for up to one hundred twenty (120) days beyond the day Services are provided and to charge your credit/debit card for any fees or charges that may apply which are covered in these Terms. By placing an order and providing your payment information, including without limitation your credit or debit card information, you warrant and represent that: (a) you have the legal right to use such payment method; (b) such payment information is true, correct, and complete; and (c) you are the account holder or authorized user of the payment account.
11. Rescheduling & Cancelling Orders; Refunds; Cancellation & Other Fees
Services may be rescheduled at any point prior to your scheduled performance window. You may cancel an order through our Platform, by phone, or by emailing us, but a cancellation fee may apply. A twenty percent (20%) cancellation fee will apply if you cancel an order more than twenty-four (24) hours in advance of the start of your requested service window. A fifty percent (50%) cancellation fee will apply if you cancel an order less than twenty-four (24) hours before your scheduled service window or if you cancel an order after a reschedule. You may also be charged if your presence is required for the performance of the Services and you are not present at the place the Services are to be performed during the scheduled service window. Other fees and surcharges may apply to your order, including without limitation state or local fees or processing charges and/or applicable taxes or other costs where required by law. Following the completion of the Service, you may elect to tip your Third-Party Provider in cash or through our Platform, which are entirely retained by your Third-Party Provider less applicable processing fees.
12. Service Windows
While we make every possible effort to coordinate the timely and reliable provision of Services, we cannot and do not guarantee service windows or dates. Inclement weather, traffic delays, motor vehicle accidents, facility delays, equipment failure, and other delaying events happen occasionally and we are not responsible for these delays.
13. Accessibility and Disassembly
Do not place an order with us for Services if your item(s) require extensive disassembly and/or are not safely removable without the destruction of the item and/or alternation of the building and/or property that your item(s) is/are located in. By placing an order, you are representing to us that all items are accessible and removable from your location.
14. Refusal of Service
Notwithstanding anything to the contrary in these Terms, we reserve the right to refuse or cancel an order for Services at any time and for any reason. Without limiting our ability to cancel an order for any reason, we have refused or cancelled Services in the past due to the following circumstances:
- If an item is found to be infested with bugs (and if such infestation was not disclosed during the placement of your order, you will not be refunded);
- If your location is too dangerous or unsanitary (in our sole discretion or that of your Third-Party Provider);
- In instances of inclement weather such as heavy rain, snow, sleet, hail, lightning, and/or high winds;
- Your location is inaccessible or too far away from your Third Party Provider’s vehicle (in our sole discretion or that of your Third Party Provider);
- If your item(s) cannot be moved safely through a narrow doorway, hallway, up or down stairs. If you still want your Third Party Provider to provide the Services after being advised of the risk of damage to your property, you waive any right to receive any reimbursement or other recompense for any damages that may result.
15. Disposal of Items
We encourage Third Party Providers to recycle or donate items in the most environmentally friendly manner possible, but we cannot and do not guarantee that items will be recycled or donated for reasons such as lack of appropriate nearby facilities; refusal of items; poor condition, contamination, or infestation of items; or other reasons beyond the reasonable control of your Third Party Provider.
16. Reward Points (Business Users Only)
We have applications that allow our business customers to earn points that can be used for discounts on subsequent transactions (“Reward Points”). If you place a qualifying booking, you will gain Reward Points associated with the net transaction value of your order. Reward Points have no cash, monetary, or other value, and cannot be redeemed in whole or in part for cash. Reward Points can only be used as a rebate on the initial transaction of completed orders booked through our Platforms and have no other use or value. There is no automatic redemption of Reward Points and no interest is accrued on Reward Points. You shall not have any property rights or other legal interest in Reward Points for any purpose. All Reward Points remain our sole property until redeemed in accordance with Terms and applicable terms of the specific ordered Services. Your Reward Points balance or any part thereof is not transferable, cannot be divided as part of a settlement, legal proceeding, or absolving of business, and cannot be combined with Reward Points of any other User. You may not broker, barter, attach, pledge, gift, sell, or otherwise transfer Reward Points. We reserve the right, in our sole and absolute discretion, to change, modify, or discontinue the Reward Points program with or without notice at any time.
You may be required to register and maintain an active account to use certain aspects of our Platforms. Account registration may require you to submit certain personal information, such as your name, address, email address, phone number, and payment information. You agree that your account information shall be true, correct, and accurate at all times. Inaccurate, incomplete, or obsolete information, including without limitation invalid or expired payment information, may result in the immediate termination of your account. You are responsible for maintaining the confidentiality of your account login credentials and your account itself, including without limitation restricting access to your computer and/or account. You agree to accept any and all responsibility associated with all activities or actions that occur in connection with your account. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use a username that is vulgar, obscene, or offensive. Nor may you use a username that is the name of another person or entity or that is otherwise not lawfully available for use, including without limitation another person’s name or trademark without authorization. We reserve the right to refuse service, terminate your account, remove or edit content. If you wish to terminate your account, you may simply discontinue use of our Platforms.
Our Platforms may contain links to third party websites or services that we do not own or control. We do not have any control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these third-party websites or services. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such third-party content, goods, or services. We advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
19. Making A Claim
- YOU AGREE TO RESOLVE ALL CLAIMS DIRECTLY WITH YOUR THIRD-PARTY PROVIDER. FURTHER, DUE TO NATURE OF THE SERVICES BEING PERFORMED BY YOUR THIRD-PARTY PROVIDER, YOU MUST ASSERT ANY CLAIMS WITHIN FOURTEEN (14) DAYS OF THE DATE THE SERVICES WERE PERFORMED.
- To make a claim, please email us at email@example.com with the following information:
- The date the Services were performed;
- Order number;
- Description of the alleged damage caused by the Third-Party Provider’s provision of the Services; and
- Photographs of the alleged damage caused by the Third-Party Provider’s provision of the Services.
- After we receive the above information, we will provide the same to your Third-Party Provider and provide you with the contact information of your Third-Party Provider so you can resolve the claim directly with your Third-Party Provider.
You agree to indemnify and hold LoadUp, its officers, members, employees, agents, contractors, affiliates, successors and assigns harmless from and against any and all claims, demand, lawsuits, or similar actions (including litigation costs, attorneys’ fees, and any other similar or related expense) made by any third party against LoadUp due to or stemming from your use of the Platforms, the Services, any action in nonconformity with these Terms, and/or any action in violation of applicable laws or regulations. We may, but are not obligated to, assumed exclusive control, at your expense, of any matter which requires indemnification. You agree to fully cooperate with LoadUp in the event we elect to take control of such control of such action and agree not to settle or otherwise resolve any such matter without our express written consent.
Subject to the applicable provisions of these Terms, you hereby release and discharge LoadUp, its officers, members, employees, agents, contractors, affiliates, successors and assigns from each and every past, current, or future dispute, claim, controversy, demand, liability, action, omission, cause of action, and/or litigation, of any kind or nature, including without limitation breach of contract, tort, intellectual property suits, personal injury, death, and/or property damage, arising out of or related to, directly or indirectly, these Terms or any other interaction with the Platforms or the Services. NOTE TO CALIFORNIA RESIDENTS: USERS RESIDING IN CALIFORNIA HEREBY WAIVE THE PROVISIONS OF CAL. CIV. CODE § 1542, WHICH PROVIDES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS IN WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- THE PLATFORMS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND LOADUP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- LOADUP MAKES NO GUARANTEE THAT THE PLATFORMS WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, WILL ALWAYS BE ERROR-FREE, WILL BE SECURE, WILL BE TIMELY, WILL BE RELIABLE, WILL BE FREE OF VIRUSES OR OTHER HARMFUL DATA AND/OR INFORMATION.
- TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, AS APPLICABLE, LOADUP DISCLAIMS ANY AND ALL RESPONSIBILITY, LIABILITY, OR OTHERWISE ARISING OUT OF DEATH, PERSONAL INJURY, PERSONAL PROPERTY DAMAGE, OR REAL PROPERTY DAMAGE RESULTING FROM, DIRECTLY OR INDIRECTLY, THE USE OF THE PLATFORMS OR THE SERVICES.
- LOADUP TAKES NO RESPONSIBILITY, NOR WILL IT BE LIABLE FOR, ANY DAMAGES TO YOUR PROPERTY, INCLUDING WITHOUT LIMITATION VIRUSES OR MALWARE, OR OTHER PROPERTY CAUSED BY OR STEMMING FROM YOUR USE OF THE PLATFORMS OR SERVICES.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT BE APPLICABLE IN YOUR SPECIFIC SITUATION.
23. Limitation on Liability
- LOADUP SHALL NOT, IN ANY EVENT, BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR OTHERWISE RELATED TO THESE TERMS, YOUR USE OF THE PLATFORMS, AND/OR THE SERVICES. ACCESS TO AND USE OF THE PLATFORMS AND SERVICES ARE AT YOUR OWN RISK AND DISCRETION.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, LOADUP’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES STEMMING FROM OR OTHERWISE RELATED TO THESE TERMS, THE PLATFORMS, AND/OR THE SERVICES, FOR ANY REASON WHATSOEVER AND IRRESPECTIVE OF THE FORM OR FORUM, IS LIMITED TO THE LESSOR OF, IN LOADUP’S SOLE AND ABSOLUTE DISCRETION, FIVE HUNDRED DOLLARS ($500.00) OR THE ACTUAL COST OF REPAIRING THE DAMAGE.
- THE FOREGOING LIMITATIONS ON LIABILITY APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- ALL CLAIMS ARISING OUT OF YOUR USE OF THE PLATFORMS OR THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE SERVICES WERE ACTUALLY PERFORMED.
24. Intellectual Property Infringement
LoadUp respects the intellectual property rights of others. If you believe that anything on the Platforms unlawfully infringes upon your intellectual property rights, please notify us at:Intellectual Property Agent
LoadUp Technologies, LLC.
280 Interstate N Cir SE, Suite 225
Atlanta, GA 30339
Notices provided pursuant to this Section must include the following information:
- Your physical or electronic signature
- Identification of the work(s) or rights that you claim have been infringed
- Identification of the material on the Platforms that you claim is infringing and are requested to be removed
- Sufficient information to permit us to locate such allegedly infringing material, such as a URL
- Your address, telephone number, and email address
- A statement that you have a good faith belief that the allegedly infringing material is not authorized by the copyright owner, its agent, or the law
- A statement that the information contained in the notice is accurate and, under penalty of perjury, that you are either the owner of the copyright that has been allegedly infringed or that you are authorized to act on behalf of the intellectual property owner.
Pursuant to 17 U.S.C. § 512(f), if the notice relates to alleged copyright infringement, any misrepresentation of material fact in a written notice subjects the complaining party to liability for damages, costs, and attorneys’ fees incurred by LoadUp in connection with your notice and allegation of copyright infringement.
We may occasionally revise these Terms. In the event we make substantial changes to these Terms, we may notify you via email of such changes and/or by prominently posting notices of such revisions on the Platforms. Revisions to these Terms are effective upon their publication and your continued use of the Platforms and/or the Services is indicative of your acceptance of such revised Terms.
26. Dispute Resolution
IN THE EVENT THAT ANY DISPUTE ARISES OUT OF, OR RELATED TO, THESE TERMS, THE PLATFORMS, AND/OR THE SERVICES, YOU AND WE AGREE TO ATTEMPT TO RESOLVE THE DISPUTE BY FIRST NEGOTIATING DIRECTLY IN GOOD FAITH. IF YOU AND WE ARE UNABLE TO RESOLVE THE DISPUTE THROUGH GOOD FAITH NEGOTIATION, YOU AND WE AGREE TO THEN SUBMIT THE DISPUTE TO BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES, WHICH ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1-800-778-7879. NOTWITHSTANDING THE FOREGOING, YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS.
27. Class Action Waiver
EXCEPT AS OTHERWISE REQUIRED UNDER APPLICABLE LAW, YOU AND WE AGREE THAT NEITHER OF YOU OR US WILL ASSERT CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION CLAIMS AGAINST THE OTHER, OR PARTICIPATE IN ANY CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION CLAIMS AGAINST THE OTHER, WHICH ACTIONS ARE HEREBY WAIVED. EACH OF YOU AND US SHALL ONLY SUBMIT YOUR OR OUR OWN, INDIVIDUAL CLAIMS IN ARBITRATION (OR SMALL CLAIMS COURT, IF APPLICABLE) PURSUANT TO THESE TERMS AND WILL NOT SEEK TO REPRESENT THE INTERESTS OF ANY OTHER PERSON OR ENTITY OR OTHERWISE PARTICIPATE IN A CLAIM BROUGHT BY ANY OTHER PERSON OR ENTITY.
28. Jury Trial Waiver
IF, FOR ANY REASON, A DISPUTE PROCEEDS IN A COURT RATHER THAN IN ARBITRATION, YOU AND WE AGREE THAT WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
29. Governing Law
These Terms, the Services, and/or any disputes shall be governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Georgia, without regard to principles of conflict of laws.
If any portion of these Terms are found to be unenforceable, such determination shall have no effect on the remainder of the Terms, which shall continue in full force and effect.
31. Electronic Communications; Phone Calls
You agree and permit us, our affiliates, and Third-Party Providers to contact you at the phone number(s) or email address(es) you provide by electronic and telephonic means, including without limitation email, text, and calls, which may be initiated by an automatic telephone dialing system or other automated means. Standard message and data rates may apply. We may record any such communications for quality control purposes. You may opt-out of receiving communications by emailing your request to us at firstname.lastname@example.org but your opting-out may negatively impact your ability to receive Services. You agree that all terms, conditions, agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications would satisfy if provided in a hardcopy writing.
Headings contained in these Terms are inserted only as a matter of convenience and reference and in no way define, limit, or describe the scope or intent of these Terms and do not affect its provisions in any way.
If you have any questions regarding these Terms or would like to contact us for any other reason, please contact us at:LoadUp Technologies, LLC.
280 Interstate N Cir SE, Suite 225
Atlanta, GA 30339
This document was last updated on January 19, 2023