By viewing and using the website you will be deemed to agree to these terms of use without qualification. If you do not agree to be bound by these terms, you should stop accessing and using the website.

A. Use of the Website

1. Liability: Reasonable care has been taken to ensure the facts stated in the website are accurate and the opinions given are fair and reasonable, neither BINS nor its employees, to the fullest extent permitted by law, will be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special, or loss of profits).

2. Copyright and Limited Reproduction Notices: The content of the website (“website material”) is the copyright of BINS/Apogee Waste LLC. No part of the website material may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form). No part of the website may be published, copied, reproduced, transmitted or stored (including in any other website or other electronic form) except that you may print, or download to your hard drive, any website material solely for your own use.

3. Linking: The website may include links to third party materials (“linked sites”). BINS/Apogee Waste LLC will not be responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. These links are provided to you only as a convenience, and the inclusion of any link does not imply BINS/Apogee Waste LLC’s endorsement of the site or any association with their operators. BINS/Apogee Waste LLC reserves the right to prohibit links to the website and you agree to remove or cease any link at BINS/Apogee Waste LLC’s request. You may not frame any part of the material contained in this website by including advertising or other revenue generating material.

4. Advertisers: Any dealings you have with any advertiser appearing on the website are solely between you and the advertiser or other third party. BINS/Apogee Waste LLC is not responsible or liable for any part of any such dealings or promotions.

5. Privacy: You authorize BINS/Apogee Waste LLC to collect, retain and use personal information about you for the purposes of: (a) assessing your creditworthiness (b) processing payment for any services which you purchase from any party using the website; (c) provision of information to BINS/Apogee Waste LLC to enable performance under an approved purchase order and (d) any other use that you authorize. You have rights of access to and correction of the registration information and any other personal information that is held about you. Under the Privacy Act, you may request access to or correction of your personal information held by BINS/Apogee Waste LLC subject to payment of reasonable charges for compliance with any request for access to or correction of personal information.

6. Disclaimer: The website makes information and material available to you as a service. Use of the website material is at your own risk. BINS/Apogee Waste LLC is not responsible for any adverse consequences arising out of the use of information contained on the website. BINS/Apogee Waste LLC does not give any warranty of accuracy or reliability of information contained on the website to you or any other person. To the extent permitted by law BINS/Apogee Waste LLC excludes all responsibility and liability for such material.

B. Supply of Service

1. Operation of Website: The website will invite you to supply certain information regarding your service requirements. On the basis of that information, BINS/Apogee Waste LLC will provide you container service matching your requirements.

2. Submitting Orders: Submitting a purchase order to the website constitutes an offer to enter into a contract for the provision of refuse container services. On receipt of confirmation of that order, you will be bound by a contract to purchase the services requested in the purchase order, subject to your rights to cancel or vary the order set out in clause 16 of these terms and conditions. You must be 18 years of age to purchase services using the website, and BINS/Apogee Waste LLC reserves the right to decline orders on that basis.

3. Terms: BINS/Apogee Waste LLC will supply services to you on these terms only (as may be amended from time to time). The only circumstance where any variation to these terms will apply is where BINS/Apogee Waste LLC has expressly agreed in writing to that variation. If there is any conflict with other terms of trade, these terms will take priority over any other terms of trade.

4. Price: The price of the goods or services is that stated on the website at the time of acceptance of your order, unless otherwise expressly agreed in writing by BINS/Apogee Waste LLC. The prices include sales tax. All prices are stated in United States Dollars.
   All prices include the cost of delivery and removal of dumpsters. Prices quoted are based on the information which you submit to the website, and BINS/Apogee Waste LLC reserves the right to vary prices if that information is incorrect.

5. Payment: You must make payment for your order upon delivery of the container. Payment is to be made by cash, check or credit card directly to BINS/Apogee Waste LLC.

6. Additional Charges: You are responsible to pay BINS/Apogee Waste LLC for any fees incurred for overages or unapproved waste.

7. Delivery: BINS/Apogee Waste LLC will endeavor to deliver refuse dumpsters on the agreed delivery dates but BINS/Apogee Waste LLC will not be liable for any failure or delay in delivery except as provided in clause 8. Late delivery does not entitle you to cancel any order or part order.

8. Refunds: BINS/Apogee Waste LLC will provide a full refund of fees paid in respect of any ordered services not provided due to failure by BINS/Apogee Waste LLC.

9. Use of Dumpsters: While refuse containers are in your possession, you will not:

   1. light fires in the containers; or

   2. place or allow to be placed into the container:

      1. substances hazardous to health such as toxic or corrosive materials or liquids;

      2. any liquids of any kind whether contained or not;

      3. cans, drums or other containers of any kind unless they are empty and crushed; so incapable of carrying any liquid;

      4. medical waste of animal carcasses of any kind or quantity;

      5. any other material not listed above however considered unsuitable for containment e.g. malodorous waste; Including but not limited to: asbestos, paint, tires, gas bottle, fridges, freezers, TVs, fluorescent tubes, vehicle batteries, computer monitors, fibrolite, liquids and solvents.

   3. fill any container higher than the top of its sides and in such a manner as to prevent spillage of material from the refuse container either while stationary or in transit; or

   4. move any container without BINS/Apogee Waste LLC’s consent.

10. Risk: You will be liable to BINS/Apogee Waste LLC for any damage to refuse containers which occurs while in your possession, subject to fair wear and tear.

11. Access and Ground Conditions: You will be responsible for the provision of free and suitable access to and from the delivery site (including the removal and reinstatement of local obstructions) and for ensuring suitable ground conditions for the delivery, placement and removal of the container. No responsibility will be accepted for the damage to any surface and you should therefore take steps to protect surfaces (e.g. pavement, concrete slab sand soft ground) before delivery.

12. Permits and Permission: You will be responsible for obtaining any permits required by law for the placement of a waste container, except in the jurisdiction of the City and County of Denver. You will be responsible for obtaining permission from Home Owners Associations and any other governing bodies for the placement of waste container.

13. Third Party Liability: You shall fully and completely indemnify BINS/Apogee Waste LLC in respect of all claims by any person whatsoever for injury to person or loss or damage to property howsoever caused including all costs and charges in connection therewith and arising from or in connection with the use of the container.

14. Insurance and Damage: You shall be responsible for obtaining all prudent insurance coverage, including third party liability and coverage against loss or damage to the dumpster.

15. Notification of Accidents: If the Dumpster is involved in any accident resulting in injury to persons or damage to property, immediate notice must be given to BINS/Apogee Waste LLC.

16. Order Cancellation and Variation: You will be entitled to cancel or vary an order provided that BINS/Apogee Waste LLC receives notice of variation or cancellation no less than 1 working day before the delivery date under the order. Any other variation to your order will be granted at BINS/Apogee Waste LLC’s sole discretion and subject to payment of reasonable costs. BINS/Apogee Waste LLC reserves the right to cancel or vary any order if BINS/Apogee Waste LLC is no longer able to provide the services set out in an order, provided that BINS/Apogee Waste LLC will first notify you and use all reasonable endeavors to procure a viable alternative to meet your requirements. In the event an order is cancelled by BINS/Apogee Waste LLC the customer will receive a full refund of any monies paid in advance for the cancelled order.

17. Warranties: BINS/Apogee Waste LLC expressly excludes to the fullest extent permitted by law all other warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise

18. Limitation of Liability: The liability of BINS/Apogee Waste LLC for any claim, damages, loss or expense related to the supply of services is limited to the cost paid by you for those services except where statute expressly requires otherwise. To the fullest extent permitted by law, BINS/Apogee Waste LLC will not be liable in any event whether in tort (including negligence), contract or otherwise for any loss of profits or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person.

19. Force Majeure: BINS/Apogee Waste LLC will not be liable for any failure or delay in complying with any obligation imposed by these terms if the failure or delay arises directly from an any circumstance beyond BINS/Apogee Waste LLC’s control, including without limitation fire, flood, earthquake, explosion, war, insurrection, sabotage, industrial disputes, transportation, embargo, changes in law, delays or disruption by government or government agencies.

20. Changes to Terms and Conditions: BINS/Apogee Waste LLC may alter these terms at any time by placing notification that the terms have been revised on the website. By continuing to access the website, you agree to be bound by the amended terms and conditions.

21. Waiver: If at any time BINS/Apogee Waste LLC does not enforce any of these terms or grant you time or other indulgence, BINS/Apogee Waste LLC will not be construed as having waived that term or its rights to later enforce that or any other term.

22. Severability: If any portion of these terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.

23. Governing Law: These terms will be governed by United States law and you agree to submit to the exclusive jurisdiction of the US Courts.