Last Updated: December 18, 2024

1. Agreement to Terms

Welcome to ekdisposalservices.com (the "Website"). This Website is owned and operated by EK Disposal Services LLC, a Michigan limited liability company ("EK Disposal," "we," "us," or "our"), with its principal place of business located in Michigan.

The Website was designed, developed, and is hosted by Heartland Digital Studio ("Website Provider"), a veteran-owned digital agency based in Alma, Michigan, accessible at heartlanddigitalstudio.com. The Website is hosted on the GoHighLevel platform.

By accessing or using this Website, you ("User," "you," or "your") agree to be bound by these Terms and Conditions ("Terms"), our Privacy Policy, and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use this Website.

These Terms constitute a legally binding agreement between you and EK Disposal Services LLC. We reserve the right to modify, amend, or update these Terms at any time without prior notice. Your continued use of the Website following any changes indicates your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates.

2. Definitions

For the purposes of these Terms, the following definitions apply:

"Website" refers to ekdisposalservices.com, including all pages, subdomains, content, features, and functionality contained therein.

"Services" refers to the dumpster rental and waste disposal services offered by EK Disposal Services LLC, as described on the Website and in any supplementary materials.

"Content" refers to all text, graphics, images, logos, icons, photographs, audio clips, video clips, data compilations, software, and other materials available on or through the Website.

"User Content" refers to any content, information, data, text, photographs, or other materials that you submit, upload, post, or transmit through the Website, including but not limited to contact forms, quote requests, reviews, and communications.

"Intellectual Property" refers to all copyrights, trademarks, service marks, trade names, patents, trade secrets, and other proprietary rights.

"Third-Party Services" refers to any services, websites, applications, or content provided by entities other than EK Disposal Services LLC or Heartland Digital Studio.

3. Use of the Website

3.1 Permitted Use

This Website is intended for informational purposes and to facilitate communication between potential customers and EK Disposal Services LLC regarding waste disposal and dumpster rental services. You may access and use the Website for lawful purposes only and in accordance with these Terms.

Permitted uses include:

Browsing service offerings and company information

Requesting quotes for dumpster rental and waste disposal services

Contacting EK Disposal Services LLC through provided communication channels

Reading educational content, blog posts, and service descriptions

Accessing customer support and FAQ resources

3.2 Prohibited Uses

You agree not to use the Website for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website.

Specifically, you agree NOT to:

Violate any applicable federal, state, local, or international law or regulation

Transmit any material that is defamatory, obscene, offensive, threatening, abusive, hateful, or otherwise objectionable

Impersonate or attempt to impersonate EK Disposal Services LLC, Heartland Digital Studio, any employee of either company, another user, or any other person or entity

Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website

Use any robot, spider, scraper, or other automated means to access the Website without our express written permission

Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material

Attempt to gain unauthorized access to any portion of the Website, other user accounts, computer systems, or networks connected to the Website

Attack the Website via a denial-of-service attack or distributed denial-of-service attack

Take any action that imposes an unreasonable or disproportionately large load on our infrastructure

Use the Website to transmit spam, chain letters, junk email, or any other form of unsolicited communication

Collect or harvest any personally identifiable information from the Website without consent

Use the Website for any commercial purpose not expressly authorized by these Terms

Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website

Remove, obscure, or alter any legal notices displayed on the Website

Frame or mirror any part of the Website without our prior written authorization

Create derivative works based on the Website or its Content

Use any meta tags or other hidden text utilizing "EK Disposal," "Heartland Digital Studio," or any related terms

Submit false, inaccurate, or misleading information through any Website forms or communication channels

3.3 User Accounts

Currently, this Website does not require user account registration for general browsing or submitting service requests. Should we implement user accounts in the future, additional terms governing account creation, security, and usage will be provided and incorporated into these Terms.

4. Intellectual Property Rights

4.1 Ownership of Website Content

All Content on this Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, design elements, and the compilation thereof (collectively, the "Website Content"), is the exclusive property of EK Disposal Services LLC, Heartland Digital Studio, or their respective content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Website design, structure, selection, coordination, expression, look and feel, and arrangement of the Website Content is the exclusive property of Heartland Digital Studio and is protected by copyright and other intellectual property laws. The GoHighLevel platform technology is the property of GoHighLevel and is used under license.

4.2 Trademarks

"EK Disposal Services," the EK Disposal Services logo, "Heartland Digital Studio," the Heartland Digital Studio logo, and any other product or service names, logos, or slogans displayed on the Website are trademarks of their respective owners and may not be used without prior written permission. All other trademarks, service marks, and trade names referenced on the Website are the property of their respective owners.

The use or misuse of any trademarks or other Content on the Website, except as expressly provided in these Terms, is strictly prohibited. Nothing contained on the Website should be construed as granting any license or right to use any trademark without the express written permission of the trademark owner.

4.3 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website for personal, non-commercial purposes. This license does not include any right to:

Resell or make commercial use of the Website or its Content

Collect and use product listings, descriptions, or prices

Make derivative uses of the Website or its Content

Download or copy account information for the benefit of any third party

Use data mining, robots, or similar data gathering and extraction tools

Any unauthorized use of the Website or its Content terminates the limited license granted by these Terms.

4.4 Website Design and Development Credits

The Website was designed and developed by Heartland Digital Studio. While EK Disposal Services LLC owns the Content related to its business operations and services, Heartland Digital Studio retains intellectual property rights in the Website's design elements, custom code, templates, workflows, automations, and other technical implementations created specifically for this Website.

Heartland Digital Studio reserves the right to include a professional attribution link or credit on the Website footer indicating its role as the Website designer and developer. This credit may not be removed without express written permission from Heartland Digital Studio.

4.5 DMCA Compliance

EK Disposal Services LLC respects the intellectual property rights of others and expects users of the Website to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Website, you may notify us by providing our copyright agent with the following information in writing:

An electronic or physical signature of the person authorized to act on behalf of the copyright owner

A description of the copyrighted work that you claim has been infringed

A description of where the material you claim is infringing is located on the Website (with sufficient detail to enable us to locate it)

Your contact information, including address, telephone number, and email address

A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Copyright notices should be directed to EK Disposal Services LLC at the contact information provided in Section 16 of these Terms.

5. User Submissions and Communications

5.1 Information You Provide

When you use the Website to request quotes, contact us, submit forms, or otherwise communicate with us, you may provide information such as your name, email address, phone number, physical address, project details, and other relevant information ("User Submissions").

By submitting information through the Website, you represent and warrant that:

You have the right to submit such information

The information is accurate, current, and complete

Your submission does not violate any applicable law or regulation

Your submission does not infringe upon or violate any third-party rights

5.2 Use of User Submissions

By submitting information through the Website, you grant EK Disposal Services LLC and Heartland Digital Studio a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Submissions (in whole or in part) for the purposes of:

Providing the requested services and responding to inquiries

Improving the Website and our services

Marketing and promotional purposes (with personally identifiable information removed unless you have provided separate consent)

Complying with legal obligations

We will handle your personal information in accordance with our Privacy Policy. However, you acknowledge that any non-confidential User Submissions (such as testimonials, reviews, or general feedback) may be used by us for business purposes without compensation to you.

5.3 Prohibited Content

You agree not to submit any User Content that:

Is false, inaccurate, or misleading

Infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party

Contains any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation

Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware

Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or otherwise objectionable

Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity

Constitutes unauthorized or unsolicited advertising

We reserve the right to remove any User Submissions that violate these Terms or that we find objectionable for any reason, in our sole discretion, without notice.

5.4 No Confidentiality

Except for personal information covered by our Privacy Policy, any communication or material you transmit to the Website by electronic mail or otherwise, including data, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary. You should not submit any confidential or proprietary information through the Website unless specifically requested by us and covered by a separate written agreement.

6. Third-Party Links and Services

6.1 Third-Party Websites

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by EK Disposal Services LLC or Heartland Digital Studio. These links are provided solely for your convenience and do not constitute an endorsement by us of the content, products, services, or practices of such third-party websites.

We have no control over and assume no responsibility for the content, privacy policies, terms of use, or practices of any third-party websites. You acknowledge and agree that we 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 your use of or reliance on any content, goods, or services available on or through any third-party websites.

6.2 Social Media

The Website may include social media features and widgets (such as Facebook Like buttons, Twitter share buttons, or LinkedIn connections). These features may collect your IP address, track which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website.

Your interactions with these features are governed by the privacy policies and terms of service of the companies providing them. We encourage you to review the terms and policies of any third-party social media platforms you interact with through our Website.

6.3 Third-Party Services and Integrations

This Website is hosted on the GoHighLevel platform and may integrate with various third-party services for functionality such as payment processing, customer relationship management, email communications, scheduling, analytics, and other business operations. Your use of such services may be subject to additional terms and conditions and privacy policies established by those third-party service providers.

We make reasonable efforts to work with reputable third-party service providers, but we cannot guarantee the availability, functionality, security, or practices of third-party services. We are not responsible for any issues arising from third-party service interruptions, failures, or security breaches.

7. Privacy and Data Protection

7.1 Privacy Policy

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you consent to the practices described in our Privacy Policy.

We encourage you to review our Privacy Policy carefully to understand how we collect, use, protect, and share your personal information. The Privacy Policy can be accessed at https://EKDisposalServices.com/Privacy.

7.2 Communications

By providing your email address, phone number, or other contact information through the Website, you consent to receive communications from EK Disposal Services LLC regarding:

Responses to your inquiries and service requests

Service confirmations, updates, and scheduling information

Invoices, receipts, and payment-related communications

Important updates about services you have requested or received

Administrative messages about your use of the Website

You may also opt in to receive marketing communications, promotional offers, newsletters, and other non-essential communications. You can opt out of marketing communications at any time by following the unsubscribe instructions included in such communications or by contacting us directly.

Standard message and data rates may apply to text messages and other mobile communications. You are responsible for any such charges imposed by your telecommunications provider.

7.3 Cookies and Tracking Technologies

The Website uses cookies, web beacons, and other tracking technologies to enhance your experience, analyze Website usage, and support our marketing efforts. For detailed information about our use of cookies and tracking technologies, please refer to our Privacy Policy and Cookie Policy.

By using the Website, you consent to our use of cookies and similar technologies in accordance with our policies. Most web browsers allow you to control cookies through their settings preferences, but disabling cookies may limit your ability to use certain features of the Website.

8. Service Information and Availability

8.1 Service Descriptions

The Website provides information about dumpster rental and waste disposal services offered by EK Disposal Services LLC. We make every effort to ensure that service descriptions, pricing information, availability details, and other Content on the Website are accurate and current. However, we do not warrant that service descriptions or other Content on the Website are complete, reliable, current, or error-free.

The Website serves as an informational resource and marketing tool. Actual service terms, conditions, pricing, availability, and specifications will be confirmed through direct communication with EK Disposal Services LLC and may be subject to separate written agreements or contracts.

8.2 Pricing and Quotes

Pricing information displayed on the Website is subject to change without notice and should be considered approximate. Final pricing for services will be provided through individualized quotes based on your specific needs, location, service duration, waste type, and other relevant factors.

Quotes provided through the Website or subsequent communications are estimates only and are not binding until confirmed in writing or through a formal service agreement. EK Disposal Services LLC reserves the right to modify quotes based on actual service requirements, site conditions, regulatory requirements, disposal fees, or other factors that may affect service delivery costs.

All prices are in United States Dollars (USD) unless otherwise specified. Additional fees, taxes, surcharges, fuel charges, environmental fees, overage charges, or other costs may apply and will be disclosed prior to service confirmation.

8.3 Service Availability

Service availability varies by location and may be limited to specific geographic areas within Michigan. The Website may display information about services in areas where we currently operate or plan to operate in the future. Mention of specific service areas on the Website does not guarantee immediate service availability in those areas.

We reserve the right to refuse service to any location or customer for any lawful reason, including but not limited to service area limitations, capacity constraints, safety concerns, regulatory restrictions, or customer payment history.

8.4 No Warranties Regarding Website Content

While we strive to provide accurate and helpful information, the Content on this Website is provided "as is" for general informational purposes only. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the Website or the information, services, or related graphics contained on the Website for any purpose.

You acknowledge that the information and materials provided on the Website may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

9. Disclaimer of Warranties

9.1 Website Provided "As Is"

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

EK DISPOSAL SERVICES LLC, HEARTLAND DIGITAL STUDIO, AND THEIR RESPECTIVE AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "COMPANY PARTIES") DO NOT WARRANT THAT:

The Website will function uninterrupted, securely, or be available at any particular time or location

Any errors or defects will be corrected

The Website is free of viruses or other harmful components

The results of using the Website will meet your requirements

The quality of any information obtained through the Website will meet your expectations

9.2 No Professional Advice

The Content on the Website is for informational purposes only and is not intended to substitute for professional advice. Nothing on the Website should be construed as legal, financial, tax, environmental, safety, or other professional advice. You should consult with appropriate professionals for advice specific to your situation.

Information about waste disposal regulations, safety procedures, environmental compliance, or similar topics provided on the Website is for general educational purposes only and should not be relied upon as comprehensive or authoritative guidance. Waste disposal regulations vary by jurisdiction and change over time. You are responsible for understanding and complying with all applicable laws and regulations related to waste disposal in your area.

9.3 State-Specific Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER RESIDING IN A JURISDICTION THAT RESTRICTS THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

10. Limitation of Liability

10.1 Exclusion of Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your access to or use of or inability to access or use the Website

Any conduct or content of any third party on the Website

Any content obtained from the Website

Unauthorized access, use, or alteration of your transmissions or content

Statements or conduct of any third party on the Website

Any other matter relating to the Website

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

10.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY PARTIES' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU PAID US IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, WHICHEVER IS GREATER.

10.3 Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY PARTIES HAVE OFFERED THE WEBSITE AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THEY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY PARTIES, AND THAT THEY WILL CONTINUE TO APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

10.4 State-Specific Provisions

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11. Indemnification

You agree to defend, indemnify, and hold harmless EK Disposal Services LLC, Heartland Digital Studio, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, and successors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees and costs) arising from:

Your use of or access to the Website

Your violation of any term of these Terms

Your violation of any third-party right, including without limitation any copyright, trademark, trade secret, or other property, or privacy right

Any claim that your User Submissions caused damage to a third party

Your violation of any applicable law, rule, or regulation

Any negligent or wrongful conduct by you or anyone acting on your behalf

This indemnification obligation will survive the termination of these Terms and your use of the Website.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You agree not to settle any such claim without our prior written consent.

12. Termination and Modification

12.1 Termination by Us

We reserve the right, in our sole discretion, to terminate or suspend your access to all or any part of the Website at any time, with or without notice, with or without cause, and with or without liability to you or any third party. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your access to the Website and may be referred to appropriate law enforcement authorities.

Upon termination for any reason, your right to use the Website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

12.2 Termination by You

You may stop using the Website at any time. If you wish to request that we delete your personal information from our systems, you may do so by contacting us using the information provided in Section 16. Please note that we may retain certain information as required by law or for legitimate business purposes.

12.3 Modification of Terms

We reserve the right to modify these Terms at any time, in our sole discretion. We will provide notice of material changes by posting the updated Terms on this page with a new "Last Updated" date. We may also provide notice through other means, such as email notification or a notice on the Website homepage, at our discretion.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You should check this page regularly to stay informed of any updates. If you do not agree to the modified Terms, you must stop using the Website.

12.4 Modification of Website

We reserve the right to modify, suspend, discontinue, or restrict access to all or any part of the Website, temporarily or permanently, with or without notice and without liability to you. We may also impose limits on certain features or restrict access to parts or all of the Website without notice or liability.

13. Dispute Resolution and Arbitration

13.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Michigan, United States of America, without giving effect to any choice or conflict of law provision or rule.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

13.2 Informal Resolution

In the interest of resolving disputes between you and EK Disposal Services LLC in the most expedient and cost-effective manner, you and we agree that before initiating any formal legal proceedings, we will first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Website informally.

This requires sending a written notice describing the nature and basis of the claim and the relief sought. You should send your notice to the address provided in Section 16. If we have a claim against you, we will send our notice to the email address or mailing address we have on file for you. Both parties agree to negotiate in good faith to resolve the dispute. If the dispute is not resolved within sixty (60) days after receipt of the notice, either party may initiate formal proceedings.

13.3 Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and EK Disposal Services LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Website (collectively, "Claims") that cannot be resolved through informal negotiation shall be resolved through binding arbitration on an individual basis, except as specified below.

Arbitration Procedures:

Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, except as modified by these Terms.

The arbitration will take place in Michigan, or at another mutually agreed location, or via telephone or videoconference if appropriate.

The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules, except that we will pay your portion of such fees if you cannot afford to pay them after making a reasonable request for us to do so.

Exceptions to Arbitration:

Notwithstanding the foregoing, either party may bring a lawsuit in court if it relates exclusively to:

Intellectual property claims (such as trademark or copyright infringement)

Claims of piracy or unauthorized use of the Website

Claims seeking temporary restraining orders, preliminary injunctions, or other equitable relief

Small claims court actions if the claim qualifies for small claims court jurisdiction

13.4 Class Action Waiver

YOU AND EK DISPOSAL SERVICES LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both you and we agree otherwise in writing, the 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 this class action waiver is found to be unenforceable with respect to any particular claim or remedy, then that claim or remedy (and only that claim or remedy) must be severed from the arbitration and may be brought in court.

13.5 Venue and Jurisdiction

For any claims that are not subject to arbitration under Section 13.3, you and EK Disposal Services LLC agree to submit to the personal and exclusive jurisdiction of and venue in the state and federal courts located in Michigan. Both parties waive any objection to jurisdiction and venue in such courts.

13.6 Time Limitation on Claims

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14. Miscellaneous Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us on the Website, constitute the entire agreement between you and EK Disposal Services LLC concerning the Website and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written, between you and us regarding the Website.

14.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, or if such modification is not possible, such provision shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and the remaining provisions shall continue in full force and effect.

14.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of EK Disposal Services LLC to be effective.

14.4 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment, transfer, or delegation without such consent shall be null and void.

We may freely assign, transfer, or delegate our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law. These Terms will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

14.5 No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations to any third party. Heartland Digital Studio is expressly included as an intended third-party beneficiary with respect to provisions relating to intellectual property, indemnification, and limitation of liability.

14.6 Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms (except for payment obligations) where such failure or delay results from any cause beyond the reasonable control of that party, including but not limited to acts of God, natural disasters, wars, civil disturbances, epidemics, pandemics, government orders, labor disputes, power failures, Internet or telecommunications failures, or any other unforeseen circumstances.

The affected party shall notify the other party of such force majeure circumstances as soon as reasonably practical and shall make reasonable efforts to mitigate the effects of such circumstances.

14.7 Survival

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnity obligations, limitations of liability, dispute resolution provisions, and miscellaneous provisions.

14.8 Electronic Communications

By using the Website, you consent to receive electronic communications from us. These electronic communications may include notices about your use of the Website, responses to your inquiries, and promotional messages. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

14.9 Relationship of the Parties

Nothing in these Terms shall be deemed to create a partnership, joint venture, agency, employment, or franchise relationship between you and EK Disposal Services LLC or Heartland Digital Studio. You have no authority to bind EK Disposal Services LLC or Heartland Digital Studio in any manner whatsoever.

14.10 Section Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect. They do not limit or affect the interpretation of any provision.

14.11 Language

These Terms are drafted in English. In the event these Terms are translated into any other language, the English language version shall prevail in the event of any conflict or inconsistency.

15. Accessibility

EK Disposal Services LLC is committed to ensuring digital accessibility for all users, including those with disabilities. We are continually working to improve the accessibility and usability of our Website and to comply with relevant accessibility standards.

If you have difficulty accessing any content on the Website or require assistance with any part of our Website, please contact us using the information provided in Section 16. We will work to provide you with the information or services you need through an alternative communication method that is accessible to you.

We welcome feedback on how we can improve the accessibility of our Website.

16. Contact Information

If you have any questions, concerns, or complaints regarding these Terms, the Website, or our services, please contact us:

EK Disposal Services LLC

Email: [email protected]
Phone: 989-621-7325
Website: ekdisposalservices.com

For questions specifically related to the Website's design, development, technical functionality, or hosting, you may contact:

Heartland Digital Studio
Email: [email protected]
Website: heartlanddigitalstudio.com

Acknowledgment: By using ekdisposalservices.com, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Last Updated: December 18, 2024