The terms that apply when you use this website or the services of LJS Junk Removal LLC, doing business as L&J’s Junk Removal.
These Terms of Service (“Terms”) apply to your access to and use of the website at https://springfieldiljunkremoval.com/, the chat widget, online dumpster booking, estimates, junk removal and dumpster rental services, and phone, text, and email communications (collectively, our “Services”) provided by LJS Junk Removal LLC, doing business as L&J’s Junk Removal (“L&J’s Junk Removal,” “we,” or “us”). By requesting an estimate, booking a service, or otherwise accessing or using the Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 17, do not access or use our Services.
In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product or service.
If you have any questions about these Terms or our Services, please contact us at jesse.garmon09@gmail.com or (217) 624-7066.
You must be at least 18 years of age or older to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
When you request an estimate or book a service, you must provide accurate contact and service address information and promptly update this information if it changes.
By requesting an estimate, booking a service, or otherwise providing your contact information to us, you consent to receive electronic communications from L&J’s Junk Removal (e.g., via email, text message, or by posting notices on our Services). These communications may include notices about your estimate or booking (e.g., payment confirmations, scheduling and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
Our Services may allow you to submit information and content to us, including, but not limited to, chat messages, text messages, emails, photos, and descriptions of items or job sites (collectively, “Submitted Content”). Except for the license you grant below, you retain all rights in and to your Submitted Content, as between you and L&J’s Junk Removal. You grant L&J’s Junk Removal a nonexclusive, royalty-free, fully-paid license to use, reproduce, and display your Submitted Content to prepare your estimate, schedule and perform your Services, and communicate with you. As a part of the Services, we may view, copy, and internally use Submitted Content to help us improve the Services, as well as to assist us in detecting issues. You may not submit any Submitted Content that violates these Terms, or for which you do not have all the rights necessary to grant us the license described above. When using the Services, you may provide information, including personally identifiable information such as your name, phone number, email address, and service address (“Customer Information”). We view and use Customer Information only to provide Services to you, at your direction, and to ensure the proper functioning of our Services. We do not disclose Customer Information to third parties, except as follows:
We may receive requests from individuals not to receive emails or text messages from us. To comply with applicable laws and to respect their requests, we place those individuals on a communications exclusion list so that they may no longer receive those communications from us.
This Section 4A applies to short message service (SMS) and text messages sent by LJS Junk Removal LLC (L&J’s Junk Removal) to individuals who have provided their mobile number and consented to receive messages, for example, by providing their phone number through the chat widget on our website or by texting us. If you opt in to receive such messages, the following terms apply to you:
Program Description. People who provide their phone number through the chat widget on our website or by texting us consent to receive text messages from LJS Junk Removal LLC (L&J’s Junk Removal), including messages about quotes, scheduling, service updates, and promotional messages (“SMS Program”). Text messages are sent from (217) 624-7066. Consent to receive text messages is not a condition of purchase.
Opt-Out. You can cancel the SMS service at any time. Text “STOP” to the number from which you received messages. After you send the message “STOP,” we will send you one confirmation SMS that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
Help. If you are experiencing issues with the messaging program, you can reply with the keyword “HELP” for more assistance, or you can get help directly at jesse.garmon09@gmail.com or (217) 624-7066.
Carrier Liability. Carriers are not liable for delayed or undelivered messages.
Message Frequency and Rates. Message frequency varies depending on your interactions with us. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
Privacy. If you have any questions regarding privacy, please read our Privacy Policy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. When you access or use our Services, you will not:
You represent and warrant that your access to and use of the Services will comply with all applicable laws, rules and regulations, including but not limited to those that relate to privacy and data protection and to the sending of electronic communications. You will not provide L&J’s Junk Removal with any phone number, email address, or other contact information for which you do not have the permission of the person to whom it belongs. You may not use our Services for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act or other laws that apply to commerce. You further represent and warrant that your use of the Services, including the information that you provide to us, will not cause L&J’s Junk Removal to violate any applicable laws, rules and regulations, including but not limited to those that relate to privacy and data protection and to the sending of electronic communications. We may suspend or restrict your access to or use of the Services if we suspect that you are sending us spam or otherwise duplicative or unsolicited messages in violation of applicable laws.
If you think anyone using the Services is violating any of these Terms, please notify us immediately.
Estimates, booking prices, and payment terms for our junk removal, cleanout, and dumpster rental services are provided at the time of booking. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method.
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Site Content”) are owned by or licensed to L&J’s Junk Removal and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, L&J’s Junk Removal and our licensors reserve all rights in and to our Services and the Site Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and Site Content for (i) your own personal use or (ii) if you are a business or organization, to request or obtain our Services for your business or organization. However, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or Site Content; (b) copy, reproduce, distribute, publicly perform or publicly display Site Content, except as expressly permitted by us or our licensors; (c) modify the Site Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Site Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or Site Content other than for their intended purposes. Any use of our Services or Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
We may display content, links, and reviews from third parties through the Services (“Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties.
We may also provide you with access to certain services, features or functionality offered by a third party in connection with the Services. Use of any such services, features or functionality may be subject to separate terms of service between you and such third party. The third party provider, and not L&J’s Junk Removal, will be solely responsible for providing you with such services, features or functionality.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about L&J’s Junk Removal or our Services (collectively, “Feedback”), is non-confidential and will become the sole property of L&J’s Junk Removal. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
If you leave a public review or submit a testimonial about L&J’s Junk Removal, you agree that we may share or quote that review or testimonial, along with your first name and general location, in our marketing materials and on our website, unless you ask us not to.
We have a policy of limiting access to our Services for anyone who infringes the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify L&J’s Junk Removal at jesse.garmon09@gmail.com.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless LJS Junk Removal LLC and its members, managers, officers, agents and employees (individually and collectively, the “L&J’s Junk Removal Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your Submitted Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or (e) your conduct in connection with our Services. You agree to promptly notify the L&J’s Junk Removal Parties of any third party Claims, cooperate with the L&J’s Junk Removal Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the L&J’s Junk Removal Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and L&J’s Junk Removal or the other L&J’s Junk Removal Parties.
WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT OR THIRD-PARTY SERVICES MADE AVAILABLE ON OR LINKED TO BY OUR SERVICES. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. 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, TITLE, AND NON-INFRINGEMENT. IN ADDITION, L&J’S JUNK REMOVAL DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE L&J’S JUNK REMOVAL ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.
L&J’S JUNK REMOVAL AND THE OTHER L&J’S JUNK REMOVAL PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF L&J’S JUNK REMOVAL OR THE OTHER L&J’S JUNK REMOVAL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF L&J’S JUNK REMOVAL AND THE OTHER L&J’S JUNK REMOVAL PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SERVICES. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF L&J’S JUNK REMOVAL OR THE OTHER L&J’S JUNK REMOVAL PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent permitted by applicable law, you release L&J’s Junk Removal and the other L&J’s Junk Removal Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between you and third parties and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with L&J’s Junk Removal and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or L&J’s Junk Removal seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or L&J’s Junk Removal seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and L&J’s Junk Removal waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Cass County, Illinois in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and L&J’s Junk Removal agree that any dispute arising out of or related to these Terms or our Services is personal to you and L&J’s Junk Removal and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and L&J’s Junk Removal agree that these Terms affect interstate commerce and that the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and L&J’s Junk Removal agree that for any arbitration you initiate, you will pay the filing fee and L&J’s Junk Removal will pay the remaining JAMS fees and costs. For any arbitration initiated by L&J’s Junk Removal, L&J’s Junk Removal will pay all JAMS fees and costs. You and L&J’s Junk Removal agree that the state or federal courts of the State of Illinois and the United States sitting in Cass County, Illinois have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and L&J’s Junk Removal will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 17 by emailing us at jesse.garmon09@gmail.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 18.
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of the State of Illinois, without regard to conflict of law rules or principles (whether of Illinois or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Illinois and the United States, respectively, sitting in Cass County, Illinois.
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last updated” date above. We may also attempt to notify you by sending an email notification to the email address you have provided to us or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and L&J’s Junk Removal relating to your access to and use of our Services. Any additional or different terms proposed by you in any purchase order, request for proposal or other document are hereby objected to by L&J’s Junk Removal and shall be void. The failure of L&J’s Junk Removal to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. These Terms may not be assigned or transferred by you except with our prior written consent. These Terms may be executed and delivered electronically and in one or more counterparts, each of which shall, when taken together, constitute a single document.
If you have any questions about these Terms or our Services, please contact us:
