Mattress Disposal Plus – Terms of Service
Last updated: December 22, 2017
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using www.mattressdisposalplus.com. website (the “Service”) operated by Load Up Technologies LLC. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Legally Binding Agreement
By using or engaging in our service(s), you hereby acknowledge and agree to the terms and conditions below. Load Up Technologies LLC. takes all removal service orders through our website or over the phone. Therefore, we are unable to obtain a written and/or signed service agreement.
For all intents and purposes regarding financial and/or legal issues, the terms and conditions found here shall constitute a legally binding service agreement and shall have the same force and effect as a signed service agreement. IF YOU DO NOT AGREE WITH THESE TERMS AND OR CONDITIONS, PLEASE DO NOT USE OUR SERVICE(S).
All removal or delivery services are subject to the following terms and conditions:
Digital Matching Service
You acknowledge that www.mattressdisposalplus.com is a website operated by Load Up Technologies, LLC. that acts as a 3rd party digital matching service that connects you the customer and independent contractors who provide the service. Load Up Technologies LLC. does not deliver, pick up or service any items at the customer’s site. If any damages occur, Load Up Technologies LLC. shall be held harmless and the customer must deal with the actual independent contractor that provided the service for any reconciliation, financial reimbursement, financial retribution, settlement, or other issue directly related to the contract carrier.
Waiver of Liability
Load Up Technologies LLC. shall NOT be responsible for ANY DAMAGES to customer’s Home, pavement, curbing or any other driving surfaces resulting from the weight of the truck for service at the customer’s location. Load Up Technologies LLC. L.L.C. shall not be responsible for any damages to the customer’s property including but not limited to in the home, driveways, walkways, structural damages and landscaping and lawn. Load Up Technologies LLC. act’s as a digital matching service between the customer and the independent contractor. Load Up Technologies LLC. does not deliver, pick up or service any items at the customer’s site. If any damages occur, Load Up Technologies LLC. shall be held harmless and the customer must deal with the actual contract carrier that provided the service for any reconciliation, financial reimbursement, financial retribution, settlement, or other issue directly related to the company.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mis-priced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Pricing through our online site at www.mattressdisposalplus.com is for the service of waste removal. You as the user acknowledge and understand that our pricing is subject to change with or without prior written notice before an order is placed. Load Up Technologies LLC. will not change pricing on a current order placed by a user, assuming the information provided to Load Up is accurate. User acknowledges and understands that pricing is up-front and well detailed when placing an order. Any inaccuracies in information (i.e. incorrect item count, stairs, etc…) provided by the customer could incur additional charges to match the accurate pricing of the services being provided by the independent contractor.
Credit Card Authorization
Due to the fact that we accept payment via credit card through our website and over the phone prior to removal of items and due to a certain level of uncertainty, because fees and or charges can apply after the initial removal service order, you agree and give authorization to Load Up Technologies LLC. to retain your credit card information for up to 120 days beyond the day of your schedule removal and to charge your credit card for any fees or charges that may apply which are covered in the terms and conditions above.
Cancellations and Refunds
Our services are offered to be rescheduled at any point free of charge. If in any case a scheduled appointment is rescheduled and later cancelled, the cancellation fee will be applied.
If you choose to cancel an order, you will incur a cancellation fee. In order to cancel an order with our standard 20% cancellation fee, you must cancel by either calling or emailing us 24 hours prior to the start of your requested service window.
If you choose to cancel less than 24 hours prior to the start of your service window, you will be charged a 50% cancellation fee.
Delivery and Pick Up Service
We make every effort possible to ensure timely and reliable pickup of items. However, due to circumstances beyond our control, we cannot and do not guarantee delivery times or dates. Inclement weather, hazardous roads and driving conditions, traffic delays, motor vehicle accidents, delays at facilities, equipment failure, etc., happen occasionally and we cannot be responsible for these delays.
We CANNOT and DO NOT guaranteed next day service for deliveries or pickups. It may take up to 48 hours to service your items to be picked up depending on all of the above circumstances and how busy the driver’s schedule is. If you do not agree to these terms, please do not use our service. In these situations, we do not refund or credit any amount of money. Again, if you do not agree to these terms, please do not use our service. By using our services, you hereby acknowledge and agree to these terms and conditions.
If upon arrival an item is found to be infested with bugs and not disclosed of during the booking, there will be no refund given to the customer.
If upon arrival to the home and additional items are taken or additional services are needed, the additional charge will be applied to the card on file based on what the current website is advertising.
If it rains, snows, sleets, hails, etc. there can be delays, please understand we have no control over these acts of God. This may affect the timeliness of your service.
Disposal of Items
Load Up and its affiliates, independent contractors or subsidiaries reserve the right to dispose of items in the best manner possible. While our independent contractors do strive to recycle and donate as many items as possible, we cannot and will not guarantee that items (mattresses and furniture) will be recycled. Certain circumstances can and do prevent independent contractors from recycling. Potential circumstances that would prevent recycling include but are not limited to the following:
- Lack of recycling/donation facility within proximity to pickup location
- Recycling or donation center refusal of items
- Poor condition or contamination of items
- Bed Bugs or other insect infestation
- Inclement weather or other “Acts of God”
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of Load Up Technologies LLC. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Load Up Technologies LLC.
External Web Site Links
Our Service may contain links to third party web sites or services that are not owned or controlled by Load Up Technologies LLC.
Load Up Technologies LLC. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Load Up Technologies LLC.. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Load Up Technologies LLC. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation of Liability
In no event shall Load Up Technologies LLC.., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Load Up Technologies LLC..its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Georgia, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Last updated: December 22, 2017
If you have any questions about these Terms and Conditions, please contact us at:
Address: 300 Galleria Parkway, Suite 1870
Atlanta, GA 30339