- “Text Program” includes any arrangement or situation in which Bins So Clean sends (or indicates that it may send, or receives a request that it send) one or more text messages.
- “Opting In,” “Opt In” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages.
- “Bins So Clean” means Bins So Clean, LLC and its affiliates and subsidiaries.
Please read this “Disputes” section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of through court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms and Conditions.
Binding Arbitration Agreement
- Eliminate your right to a trial by jury; and
- Substantially affect your rights, including prevent you from bringing, joining or participating in class or consolidated proceedings.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE CONDITIONS OF USE AS A COURT WOULD.
Any dispute or claim arising out of or relating in any way to a Text Message Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Conditions of Use.
To begin an arbitration proceeding, you must send a demand to (1) the American Arbitration Association (AAA) www.adr.org (800) 778-7879. or (2) JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614, www.jamsadr.com, (800) 352-5267. The Administrator you choose will have rules that apply to the proceeding. Important information regarding the arbitration process and more complete information regarding arbitration procedures may be found at either Administrator’s website. If the Administrator you choose is unable or unwilling or ceases to serve as the Administrator, you or we may choose the other Administrator. If both Administrators are unable or unwilling or cease to serve as the Administrator, you or we may choose another Administrator, subject to the other’s approval. In all cases, any arbitrator must be a lawyer or a retired judge with at least 10 years of legal experience. If we initiate the arbitration proceeding, we will give you 20 days to choose the Administrator. If you do not choose the Administrator within that time, we will choose one for you. No matter which Administrator is chosen, you shall have the right to be represented by an attorney of your own choosing, subject to any limitations in the Administrator’s rules. describing your claim and serve a copy of the demand on our registered agent LegalCorp Solutions, LLC., 5830 East Second Street, Casper, WY 82609. Payment of all filing, administration and arbitrator fees will be governed by either Administrator’s rules. We will reimburse those fees (but not any attorney’s fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. Likewise, Bins So Clean will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
We also both agree that you or we may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.
Right to Discovery. The parties shall have the right to discovery of non-privileged information and documents relevant to the Claim, subject to the rules and procedures of the Administrator.
Under no circumstances will we be liable for any direct or indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with use of text messaging whether or not we have been advised of the possibility of such damages.
Disclaimer of Warranties
THE BINS SO CLEAN TEXT MESSAGE SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BINS SO CLEAN TEXT MESSAGE SERVICES. BINS SO CLEAN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE BINS SO CLEAN TEXT MESSAGE SERVICES, AND DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. THE BINS SO CLEAN TEXT MESSAGE SERVICES COULD CONTAIN INACCURACIES, OTHER ERRORS, OR MAY NOT FUNCTION IN THE MANNER YOU ANTICIPATED. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
We do not guarantee the successful delivery of text messages by your wireless provider. Messages sent by text may not be delivered if the mobile device is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of wireless carriers may interfere with message delivery, including the terrain, proximity to buildings, foliage, weather, and the recipient’s equipment. We will not be liable for losses or damages arising from (a) non-delivery, delayed delivery, or misdirected delivery of a text message; (b) inaccurate or incomplete content in a text message; or (c) use or reliance on the content of any text message for any purpose.
These Terms May Change
We may amend these Text Program Terms and modify or cancel the Text Program or any of its features without notice.
Text Program Basics and Fees
Bins So Clean does not charge for the Text Message Service, but you are responsible for all charges and fees associated with text messaging that may be imposed by your mobile operator/wireless carrier. Standard message and data rates may apply. Text messages may be sent using an automatic telephone dialing system or non-autodialer technology and using short message service (SMS) or multi-media messaging service (MMS) technology.
The (916) we use for Text Message Service is supported on all U.S. carriers. Please note, however, that the supporting mobile carriers may change without notice, and the particular Text Message Service you join, including those operated through a different number, may be limited to specific carriers. Bins So Clean and the mobile carriers (for example, T-Mobile) are not liable for delayed or undelivered messages.
Opt-In & Consent to Text Program
You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In. You must be the at least 18 years of age or have a parent or guardian’s permission in order to participate (except Alabama and Nebraska, where you must be 19 years of age or older).
Cancellation and Opting Out
If you no longer want to receive text messages from us, the sole and exclusive remedy is to end enrollment in the specific texting program.
At any time, you may stop receiving our texts by replying “STOP” to a text message from Bins So Clean. Your opt-out request may generate either a confirmation text or a texted request to clarify the Text Message Service to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. After that, you will not receive any future messages. For help, call (833) 694-BINS (2467). Bins So Clean may terminate any Text Message Service Program or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these Terms & Conditions still will apply.
At any time, you may receive support regarding the Text Program by replying “HELP” to a text message from Bins So Clean. Please note that replying “HELP” will not opt you out of the Text Program. You may stop receiving our texts as described above.
Valid Mobile Phone Number
You must provide us with a valid mobile phone number. If you change your mobile phone number, you agree to opt out of the Text Program prior to changing your mobile phone number.
You agree to indemnify, defend, and hold harmless Bins So Clean, its affiliates, agents, vendors, distributors, licensors and suppliers and their officers, directors, and employees from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the Bins So Clean Technology; and (d) any use of your Submission by Bins So Clean or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity. Nothing herein shall apply to actions or claims under the provisions of the United States Bankruptcy Code, 11 U.S.C. § 111(g)(2).
Limitation on Liability
IN ADDITION TO ANY LIMITATIONS ON OUR LIABILITY AS SET FORTH IN THE TERMS & CONDITIONS OF USE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, BINS SO CLEAN IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR FAILED, DELAYED, OR MISDIRECTED DELIVERY OF ANY INFORMATION SENT THROUGH THE BINS SO CLEAN TEXT MESSAGE SERVICES, ANY ERRORS IN SUCH INFORMATION, AND/OR ANY ACTION YOU MAY OR MAY NOT TAKE IN RELIANCE ON THE INFORMATION OR TEXT PROGRAM. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, BINS SO CLEAN WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE BINS SO CLEAN TEXT MESSAGE SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE BINS SO CLEAN TEXT MESSAGE SERVICES, THAT YOUR USE OF THE BINS SO CLEAN TEXT MESSAGE SERVICES IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF CALIFORNIA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS & CONDITIONS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST BINS SO CLEAN ARISING OUT OF OR RELATING IN ANY WAY TO ANY BINS SO CLEAN TEXT MESSAGE PROGRAM.
Privacy & Security Policy
Please notify us immediately if your mobile number changes. We are not liable for any communication or transmission of information by text which happens because you did not report that your mobile number changed. Password-protecting mobile device(s) and enabling encryption, if available, is recommended.
Text messages may include one-time or recurring texts related to your subscription, schedule of service cleaning, updates, products, services, promotional and/or general information. Since text messaging is unencrypted, there is a risk that this information could be intercepted or viewed by third parties, including others who access your device. When you choose to receive text messages from us, you do so at your own risk.
The use and disclosure of Account Relating Information (ARI) and the above mentioned in text messaging may be governed by additional privacy notices, including applicable Mobile Carriers, Messaging Providers, TCPA, FTC, CTIA and FCC Notice of Privacy Practices.