Terms of Use
Santasticcans.com
Welcome to the web site of Santastic Can Cleaning INC. (“Santastic Can Cleaning”). Santastic Can Cleaning is pleased to make the web sites located at santasticcans.com (e.g. santasticcans.com,) (the “Sites”) available for your use and benefit. By using the Sites you agree to be bound by the Terms of Use set forth below. Use of the Sites is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Sites and may not use the Sites. These Terms of Use apply to your access to and use of the Sites and do not alter in any way the terms and conditions of any other agreement you may have with Santastic Can Cleaning, unless otherwise directed by Santastic Can Cleaning. If you breach any of these terms and conditions, your authorization to use the Sites automatically terminates and you must immediately discontinue use of the Sites.
Collection of Visitor Information
Any information collected at the Sites is governed by our Privacy Policy, unless otherwise stated. To access and use certain services available through the Sites, you may be required to register with Santastic Can Cleaning through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.
Copyright
All content, software, and technology included on the Sites or used in the operation of the Sites is the owned or licensed property of Santastic Can Cleaning or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Sites is the exclusive property of Santastic Can Cleaning and protected by U.S. and international copyright laws. Santastic Can Cleaning grants you permission to view and use content, software, and technology made available to you on the Sites in connection with your own personal, noncommercial use of the Sites. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Sites is strictly prohibited.
Trademarks
The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Sites are registered and unregistered Trademarks of Santastic Can Cleaning and others. Nothing on the Sites shall be construed as granting any license or right to use any Trademark displayed on the Sites without the prior written permission of the Trademark owner. Other product and company names mentioned in the Sites may be the Trademarks of their respective owners.
Other Intellectual Property
All other intellectual property rights related to the content, software, and technology included on the Sites or used in the operation of the Sites, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Santastic Can Cleaning. Any use of these rights without the prior written permission of Santastic Can Cleaning is strictly prohibited.
Accuracy
Information on the Sites may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. Santastic Can Cleaning reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice. If Santastic Can Cleaning discovers price errors, they will be corrected on Santastic Can Cleaning’s systems, and the corrected price will apply to your order.
Disclaimer of Warranties
THE SITES AND ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE SANTASTIC CAN CLEANING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, CLEANING FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. SANTASTIC CAN CLEANING MAKES NO REPRESENTATION THAT THE SITES OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. SANTASTIC CAN CLEANING MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITES IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITES WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITES.YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT SUCH USE IS AT YOUR SOLE RISK.
Limitation of Liability
IN NO EVENT SHALL EITHER SANTASTIC CAN CLEANING OR ITS AFFILIATES, FRANCHISEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR THE SERVICES AVAILABLE THROUGH THE SITES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. Under no circumstances whatsoever shall Santastic Can Cleaning’s aggregate liability resulting from or relating to your use of the Sites exceed Five Dollars ($5.00).
Prohibited Activities & Visitor Obligations
As a visitor or user of the Sites you shall not:· violate any applicable law or regulation;· upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;· Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;· impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;· engage in any activities or manipulate identifying material to misrepresent the origin of content;· Post any content that is subject to any disclosure restrictions;· Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;· Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;· use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;· Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;· interfere with or otherwise limit the use of the Sites by other users; or collect, compile, or store personal information about other users of the Sites;· disrupt or interfere with the operation of the Sites by overloading or exceeding the capacity of the Sites or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Sites or any affiliated or linked sites;· disrupt or interfere with the security of, or otherwise cause harm to, the Sites or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Sites or any affiliated or linked sites;· use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Sites or the content contained therein without Santastic Can Cleaning’s prior, express, and written permission; or· use the Sites for commercial purposes. You agree that you are solely responsible for the Post of any content that you make available on or send through the Sites (“User Content”). In addition to the rights granted to Santastic Can Cleaning elsewhere in these Terms of Use, you hereby grant Santastic Can Cleaning the irrevocable right to copy and use User Content in connection with the Sites and for the purposes related to your Post of the User Content. Although Santastic Can Cleaning has no obligation to screen, edit or monitor any of the User Content or user conduct on the Sites, Santastic Can Cleaning reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on the Sites at any time and for any reason without notice. Your User Content may be available on the Sites for a limited period of time, as determined by Santastic Can Cleaning in its sole discretion. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense. By the Post of User Content to the Sites, you represent and warrant that (a) the User Content is non-confidential is not subject to disclosure restrictions under any applicable data privacy laws or regulations; (b) you have all necessary rights to Post the User Content to the Sites and to grant the rights to Santastic Can Cleaning you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with the Sites, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.
Indemnification
You agree to indemnify, defend, and hold Santastic Can Cleaning and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that North Texas Sanitation incurs or suffers which relate to your use of the Sites, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.
Links to Other Web Sites
The Sites may contain links to other web sites. Additionally, other web sites may contain links to the Sites. Santastic Can Cleaning does not review or monitor the web sites linked to the Sites and Santastic Can Cleaning is not responsible for the content or policies of any other web sites. Any link established by Santastic Can Cleaning does not constitute an endorsement of the other web sites or create a relationship between Santastic Can Cleaning and the operators of other web sites. Santastic Cans Cleaning disclaims any liability with respect to your use of any other web site, and you release Santastic Can Cleaning from any liability related to your use of any link to another web site or your use of any other web site. Where the Sites contains a link to another web site owned and/or operated by Santastic Can Cleaning, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.
Changes to Terms of Use
Santastic Can Cleaning may revise these Terms of Use at any time without notice. Any use of the Sites following the date on which changes to these Terms of Use or the Privacy Policy are published on the Sites shall constitute your acceptance of all such changes. You expressly agree that Santastic Can Cleaning shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.



Your Account
If you are a registered user of any of the Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. North Texas Sanitation reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.



Payment
You authorize Santastic Can Cleaning and any payment processing service provider it may engage to charge your credit card or to debit or process payment through any other offered means, for any products or services you purchase through your use of the Sites. You represent and warrant that you are the only one who will make payments in connection with the Sites, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to Santastic Can Cleaning are nonrefundable, yes. All sales are final at checkout and anytime during service, services, or product purchase. You acknowledge that Santastic Can Cleaning requires an

Active credit card on file at all times during reoccurring service levels such as Monthly, Bi-Monthly, and Quarterly service plans to obtain an active account and retain your discounted loyalty rate. If there is not an active card on file for processing within 15 days of the primary billing date Santastic Can Cleaning will place account on "service hold" allowing you up to 15 days to submit another card for payment. Note: Account will permanently deactivate on the 16th day of primary billing date and could ultimately have a negative effect on your credit rating if within service agreement & commitment terms. If account defaults payment after the (16th) day within service agreement & commitment terms account will also be placed on black list cancelling all future cleanings indefinitely. Indefinitely meaning no chance of reinstatement within lifetime of consumer or company. If account has fallen into "service hold" status (2) two times within in a (12) twelve month period , yet reinstated within the 15 day period your account will then be placed on a primary billing date of the 1st billing day of service level month agreed to at time of sign up. If account has fallen into "service hold" status (3) three times within in a (12) twelve month period , yet reinstated within the 15 day period your account will then be placed on a 365 day laps in service before you will be allow to reinstate a new account and be subject to paying current pricing rates at time of reinstatement. You also agree to a $50.00 reinstatement fee.
Service Plan Agreement
I hereby agree to give Santastic Can Cleaning up to a (3) week allotted time to provide my trash can cleaning serviced purchased with complete acknowledgment and understanding that Santastic Can Cleaning’s routes and understanding that Santastic Can Cleaning needs a proficient amount of time to schedule my cleaning through Santastic Can Cleaning’s routing department as well as contact my HOA of such services. I am fully aware to the service plan (Monthly, Seasonal Rentals, Quarterly, and One Time Cleaning) that I have purchased through Santastic Can Cleaning’s routes are scheduled the "day of" my regular trash pick-up date. This allows Santastic Can Cleaning services not to be effected in any way by my current or non-current trash pick-up provider. Santastic Can Cleaning will charge a minimum $5.00 reschedule fee to cover fuel expenses if cans are not empty at first attempt, if agreed by Santastic Can Cleaning that routes have applicable enough space, time, to come back to your area during the first attempted month. I understand that Santastic Can Cleaning is not my trash provider and would never expect Santastic Can Cleaning to dump my trash or recycling bins during their cleaning process. All consumers of Santastic Can Cleaning services understand that their trash and recycling bins have to be emptied of all debris at time of scheduled cleaning to ensure that Santastic Can Cleaning can do their job proficiently. I am completely aware that Santastic Can Cleaning gives all consumers applicable enough notice in time to prepare for cleanings by emailing and sending out text notifications the day before and " On My Way" the day of scheduled service day. Monthly service plan customers will be scheduled for the following month if consumer isn't prepared for their scheduled service day the day of arrival. There is a non- refunding of (amount charged) policy set into place, as their cans will be twice as dirty. This will result in double consumption such as twice as much water, product, fuel, time, and labor cost during the second attempt to equal consumption of amount charged during the first attempt. Seasonal Rental service plan customers will be scheduled for the following month if consumer isn't prepared for their scheduled service day. There is a non- refunding of (amount charged) policy set into place, Santastic Can Cleaning refers to this as a Seasonal Rental push. This could also generate a rescheduling fee of $5.00 to cover fuel and labor expense in rerouting you into a non-Seasonal Rental route day. Quarterly service plan customers will be scheduled for the following month if consumer isn't prepared for their scheduled service day. There is a non- refunding of (amount charged) policy set into place, Santastic Can Cleaning refers to this as a Quarterly push. This could also generate a rescheduling fee of $5.00 to cover fuel and labor expense in rerouting you into a non- Quarterly route day.
All consumers of North Santastic Can Cleanings Service Plans understand and acknowledge the fuel and labor cost that is accumulated during the failed first scheduled service attempt. Also acknowledge all guidelines and policies set in place by Santastic Can Cleaning and agreed to the Service Plan Agreement by proceeding and completing checkout on site, or sites affiliated with Santastic Can Cleaning online purchasing of any or all service plans or products.


Service Plan Commitment
I am in full understanding that all service plans such as (Monthly, Seasonal Rentals and Quarterly) require a (1) One year commitment. In result to agreement I have received discounted pricing that will be acknowledged by Santastic Can Cleaning and grandfathered in during future pricing increases. If cancelled within service commitment terms I understand that I will be subject to a $50.00 cancellation fee. Santastic Can Cleaning requires a (30) day notice of cancellation of any service plan by the contracted name that purchased the reoccurring service plan and agreed to the terms and conditions and nobody lessor. Service plan fee will continue to bill until the (31st) day of reoccurring plan scheduled billing cycle with agreement that no refunds will be issued for lack of knowledge of these terms and conditions that are mandatory acknowledged at time of checkout in Santastic Can Cleaning’s online store. All (1) one year commitments will continue on month to month bases after anniversary date. If customer has moved or moving from current service address whether leaving or staying within service territory you will still be liable for committed agreement with no option of transferring service ownership or refund of any service charges otherwise agreed upon Santastic Can Cleaning and customer. If customer has prepaid for the year in advance , this also falls within the non-refund or transferable guidelines. If service is redeemed at your new location you agree to allow Santastic Cans Cleaning one service cycle to reroute your new address into our routing service schedule, this will extend contract by one billing cycle.
Quarterly Service Plan: Trash and recycle bins cleaned every 3 months. You will be placed on our quarterly route that reoccurs every 3 months from the month you have received your first cleaning for a total of 4 cleanings in 12 month period. You will also be set on a reoccurring billing that will process after every cleaning that your quarterly service is scheduled by Santastic Can Cleaning. Our routes are designed for proficiency and efficiency, this is reasoning our routing group determines that you will receive your cleanings every third month on our Quarterly Service Plan. Your reoccurring billing will process after each cleaning until service is canceled.
Seasonal Rental Service Plan: Trash and recycle bins cleaned monthly through the months of April - September. You will be placed on our Seasonal Rental route that reoccurs monthly from the month you have received your first cleaning for a total of 6 cleanings in 6 month period. You will also be set on a reoccurring billing that will process every month that your Seasonal Rental service is scheduled by Santastic Can Cleaning. Our routes are designed for proficiency and efficiency; this is reasoning our routing group determines that you will receive your cleanings every month on our Seasonal Rental Service Plan. Your reoccurring billing will process every month until service is canceled.
Monthly Service Plan: Trash and recycle bins cleaned every month. You will be placed on our monthly route that reoccurs every month from the month you have received your first cleaning for a total of 12 cleanings in 12 month period. You will also be set on a reoccurring billing that will process every month that your monthly service is scheduled by Santastic Can Cleaning. Our routes are designed for proficiency and efficiency, this is reasoning our routing group determines that you will receive your cleanings every month on our Monthly Service Plan. Your reoccurring billing will process every month until service is canceled.
Employees, Trainers or Trainees
THIS SECTION OF THESE TERMS OF USE APPLY ONLY IF YOU ARE AN SANTASTIC CAN CLEANING, EMPLOYEE,TRAINER OR TRAINEES WHO IS ALSO GIVEN ACCESS TO THE DATA OF OTHER USERS. You may use your ability to access data applicable to other persons (“Member Data”), and use the Member Data that is disclosed to you, solely for the purposes of providing assistance to the other person in that person’s use of the Sites or Santastic Can Cleaning services. You must take all reasonable measures to prevent Member Data from being exposed or disclosed to others. You may not disclose any Member Data to any other person without the prior consent of Santastic Can Cleaning. You acknowledge that in the event any Member Data in your possession or control is exposed or disclosed without authority, whether by your fault or not, Santastic Can Cleaning may be required to give notice of such exposure to the affected members and to law enforcement authorities. You will be deemed responsible for any losses suffered by Santastic Can Cleaning or by a member which are caused by your negligent, intentional, or malicious acts regarding violation of your obligations in this paragraph.
General Provisions
English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation. Any failure by Santastic Can Cleaning to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same. These Terms of Use shall be governed by the laws of the State of North Carolina without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with Santastic Can Cleaning, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of North Carolina (the “North Carolina Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the North Carolina Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the North Carolina courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use. If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use. Use of the Sites is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of the Sites is unauthorized in any jurisdiction where all or any portion of the Sites may violate any legal requirements and you agree not to access the Sites in any such jurisdiction. You are responsible for compliance with applicable laws.
Submissions
Any and all questions, comments, suggestions, and similar materials or information that you send or submit to or a third party provider on the Sites, by a Post or otherwise (collectively, “Submissions”), shall become Santastic Can Cleaning’s property; and you hereby transfer, sell, and assign to Santastic Can Cleaning all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. Santastic Can Cleaning has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Santastic Can Cleaning shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
Contact
For questions or comments related to the Sites or these Terms of Use, please email us at info@santasticcans.com
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