By purchasing any of Greener Bay Compost’s Residential Compost Pickup Services or Products, you agree to be bound by and adhere to the following Terms of Service, which were last updated on 12/4/2022, regardless of how often you choose to read or review them, retroactive to the date of your original purchase of said Services or Products.

The following Terms of Service (“Terms”) are the only terms that govern the sale and provision of Services (as defined below) by Greener Bay Compost (“GBC”). Any accompanying subscription confirmation, order acknowledgement, receipt, or invoice (“Order”) and these Terms (together, the “Agreement”) comprise the entire agreement between GBC and the customer (“Customer”), and supersede all prior or contemporaneous communications, understandings or agreements (whether verbal or written). GBC and Customer are sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties.”

These Terms prevail over any of Customer’s general terms or conditions of purchase regardless of whether or when Customer submitted its order or alternate terms. Neither the failure of GBC to object to Customer’s terms and/or conditions nor the fulfillment of Customer’s Order will (i) constitute acceptance of Customer’s terms and conditions or (ii) serve to modify or amend these Terms. If there is any conflict or inconsistency between these Terms and those set forth in the Order, then the specific modification(s) noted in the Order will govern and control.

THESE TERMS ARE SUBJECT TO CHANGE BY GBC, AT ITS SOLE DISCRETION, WITHOUT PRIOR NOTICE, WRITTEN OR OTHERWISE, TO ANYONE, INCLUDING CUSTOMER, AT ANY TIME. ANY CHANGES OR UPDATES TO THESE TERMS WILL BE IN EFFECT AS OF THE “LAST UPDATED DATE” REFERENCED IN THE FIRST PARAGRAPH OF THESE TERMS. CUSTOMER SHOULD REVIEW THESE TERMS PRIOR TO PURCHASING ANY GBC PRODUCT OR SERVICES. CUSTOMER’S PURCHASE OF ANY GBC PRODUCT OR SERVICES ON OR AFTER THE AFOREMENTIONED “LAST UPDATED DATE” WILL CONSTITUTE CUSTOMER’S ACCEPTANCE OF AND AGREEMENT TO THESE TERMS, INCLUDING ANY CHANGES MADE TO THEM ON THE “LAST UPDATED DATE.”

CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT CUSTOMER’S CONTINUED USE OF ANY GBC PRODUCT OR SERVICES AFTER CUSTOMER’S PURCHASE OF THE SAME WILL CONSTITUTE CUSTOMER’S CONTINUED ACCEPTANCE OF AND AGREEMENT TO THESE TERMS, REGARDLESS OF THE NUMBER OR TYPE OF CHANGES OR UPDATES MADE TO THESE TERMS FOLLOWING CUSTOMER’S PURCHASE OF SAID PRODUCT OR SERVICES. CUSTOMER UNDERSTANDS THAT IT IS CUSTOMER’S SOLE RESPONSIBILITY TO READ, REVIEW, OR OTHERWISE FAMILIARIZE THEMSELF WITH THESE TERMS, AS WELL AS TO KEEP THEMSELF ABREAST, AWARE, OR OTHERWISE INFORMED OF ANY CHANGES OR UPDATES MADE TO THESE TERMS FOLLOWING CUSTOMER’S PURCHASE OF ANY GBC PRODUCT OR SERVICES. ACCORDINGLY, CUSTOMER ACKNOWLEDGES THAT CUSTOMER WILL NOT SEEK TO HOLD GBC ACCOUNTABLE OR LIABLE IN ANY WAY, SHAPE, OR FORM FOR ANY HARM OR SUFFERING THAT CUSTOMER MAY EXPERIENCE AS A DIRECT OR INDIRECT RESULT OF CUSTOMER’S FAILURE TO DO SO.

SHOULD CUSTOMER DISAGREE WITH ANY CHANGES OR UPDATES MADE TO THESE TERMS FOLLOWING CUSTOMER’S PURCHASE OF ANY GBC PRODUCT OR SERVICES, CUSTOMER UNDERSTANDS THAT IT IS WITHIN CUSTOMER’S RIGHTS TO VOLUNTARILY CANCEL, TERMINATE, OR OTHERWISE END THEIR SERVICES WITH GBC AT ANY TIME, AND THAT CUSTOMER HAS MULTIPLE OPTIONS, AS DETAILED IN THE SECTIONS OF THESE TERMS BELOW, FOR DOING SO.

1. Services

During the Term (as defined below), GBC shall perform the Residential Compost Pickup Service (“Services”) described in the Order, which generally consists of GBC dropping off one or more of GBC’s five gallon buckets, with a compostable bag inside and a numbered lid atop of each bucket, either every week or every other week, depending upon the specifics of the Order, at Customer’s chosen compost pickup location (the “Service Location”), as identified in the Order, in exchange for one or more of GBC’s five gallon buckets, with a compostable bag inside and a numbered lid atop of each bucket, which will have been filled by Customer, over the course of one or more weeks, with acceptable organic materials suitable for composting, which are listed as Acceptable Materials in GBC’s List of Acceptable and Not Acceptable Materials.

For a list of upcoming Bucket Swaps/Compost Pickups GBC intends to perform, Customer may visit https://www.gbcompost.com/events.

Upon dropping off the number of buckets and/or lids agreed upon by Customer and GBC, in the manner described above, GBC may take one or more photographs of the buckets and/or lids dropped off, to establish both the date and time the buckets and/or lids were dropped off and the condition they were in at the time of said drop-off, as well as for any other purposes GBC may require them, including, but not necessarily limited to, for the purpose of marketing and/or general record-keeping. Customer understands and agrees that this policy exists to protect both Customer and GBC, for in the event of a dispute between Customer and GBC over the date or time a particular set of buckets and/or lids were dropped off or the condition said buckets and/or lids were in at the time of said drop-off.

In recognition and support of, as well as agreement with, the above-mentioned policy, Customer hereby gives unequivocal and irrevocable consent to GBC to take at any time, on any day, and in any location, any and all photographs and/or video recordings GBC may deem necessary of GBC’s buckets and/or lids, the contents of GBC’s buckets, and any materials provided to GBC by Customer in any way, shape, or form, whether inside or outside of GBC’s buckets, for any purposes GBC may require them, including, but not necessarily limited to, for the purpose of marketing and/or general record-keeping. Customer further agrees to that any such photographs and/or video recordings are the sole property of GBC and that Customer has no right to claim ownership or copyright of any kind over such photographs and/or video recordings, at any time or in any place, nor any right to limit or otherwise restrict GBC’s use of such photographs and/or video recordings.

GBC shall provide all necessary and adequate personnel, materials, tools, equipment, and vehicles necessary to perform the Services at the Service Location(s). Customer understands that under no circumstances, unless expressly agreed to in writing by GBC, is Customer allowed to drop off GBC’s property, including its buckets and/or lids, nor dispose of or otherwise dump the contents of its buckets, or any other matter or material of any kind, at any of GBC’s composting sites or the personal or private residence(s) of any of GBC’s employees, volunteers, or contractors.

Customer understands that Services may be temporarily delayed or unavailable in the event of extreme weather conditions or other situations outside of GBC’s control and through no fault of Customer’s, such as illness or injury suffered by GBC’s employees, volunteers, or contractors, and that circumstances may also arise which could result in GBC going out of business entirely or becoming permanently unable to provide the Services Customer has paid for. Accordingly, GBC reserves the right, at its sole discretion, to temporarily delay or suspend Services, for as long as necessary, so as not to create unsafe conditions for its employees, volunteers, contractors, and/or customers and to terminate or otherwise end its business entirely, at any time and/or for any reason, with or without prior notice to Customer.

In the event that GBC determines, at its sole discretion, that its Services must be temporarily delayed or suspended, or that GBC’s business must be terminated or otherwise ended entirely, Customer understands that they may, under certain circumstances, be entitled to a prorated refund of subscription-related payments the Customer has made to GBC, relative to any scheduled trips GBC may be or may have been unable to make to Customer’s Service Location for the sake of performing Bucket Swaps/Compost Pickups or retrieving GBC’s property from Customer.

For more information on any refunds Customer may be entitled to under the above circumstances, Customer should review the Refunds section of these Terms.

In the event that GBC determines, at its sole discretion, that it is in the best interests of GBC, or its employees, volunteers, contractors, and/or customers, to temporarily delay or suspend its Services, or to terminate or otherwise end its business entirely, GBC will endeavor to contact Customer as soon as possible, by any means available to GBC, to notify Customer of the nature of the situation, as well as to advise Customer as to their rights and responsibilities, with regards to such matters as Customer’s return of GBC’s property to GBC and Customer’s eligibility for refunds. Furthermore, GBC reserves the right to and thus may, at its sole discretion, put an indefinite hold on its acceptance of new customers, subscriptions, and/or business in general, until such time as GBC determines, again, at its sole discretion, that such a hold is no longer necessary.

Under the above detailed circumstances, and unless advised otherwise by GBC in writing, Customer should expect GBC to perform Customer’s future Bucket Swaps/Compost Pickups, if any, as scheduled, unless such circumstances coincide with what would have been Customer’s final Bucket Swap/Compost Pickup day, in which case GBC may make one (1) follow-up/courtesy trip, if possible, to Customer’s Service Location on GBC’s next planned Bucket Swap/Compost Pickup day, or meet Customer at another location of GBC’s choosing, on a date and a time agreed upon by both GBC and Customer, to facilitate GBC’s retrieval of GBC’s property, including its buckets and/or lids, from Customer. Customer understands that if GBC is able to make said follow-up/courtesy trip, or Customer agrees to meet GBC at said location of GBC’s choosing, and Customer fails to return GBC’s property to GBC, as required, that Customer’s failure to return said property tom GBC will carry the same consequences as any other failure on a Customer’s part to return GBC’s property to GBC, when required to do so, as detailed in the Return of GBC Property section of these Terms.

In the event that Customer fails to make one or more of GBC’s bucket(s) and/or lid(s) in Customer’s possession available to GBC on any of Customer’s scheduled Bucket Swap/Compost Pickup days, with or without prior notice to GBC of Customer’s inability to do so, and/or without prior notice to GBC of any intent on Customer’s part to cancel, terminate, or otherwise end Customer’s Services with GBC, Customer understands that GBC will be unable to perform the Services Customer has paid for and that, as a result, GBC will not provide Customer with any new bucket(s) and/or lid(s) on said Bucket Swap/Compost Pickup days.

Under the above detailed circumstances, GBC will assume the situation to be the result of an accident or error on Customer’s part, a last-minute scheduling conflict, or a potentially urgent matter outside of Customer’s control. Accordingly, GBC may make, under such circumstances, what GBC considers to be reasonable attempts to contact Customer, by any means to available to GBC, to determine whether Customer still wishes to participate in GBC’s Services, as well as to remind Customer of their right to cancel, terminate, or otherwise end their plan, as detailed later in this section, and of Customer’s obligation to return GBC’s property, including its buckets and/or lids, to GBC, if Customer’s Services with GBC are not to continue, as per the Return of GBC Property section of these Terms.

If GBC receives a response from Customer by no later than 5:00 PM Central Standard Time (CST) on the day prior to Customer’s next scheduled Bucket Swap/Compost Pickup day or GBC’s next planned Bucket Swap/Compost Pickup day, whichever is sooner, indicating that Customer wishes to continue their participation in GBC’s Services, then GBC will plan on performing its Services for Customer on GBC’s next scheduled Bucket Swap/Compost Pickup day, as per usual.

If, however, GBC does not receive a response from Customer by no later than 5:00 PM Central Standard Time (CST) on the day prior to Customer’s next scheduled Bucket Swap/Compost Pickup day or GBC’s next planned Bucket Swap/Compost Pickup day, whichever is sooner, then GBC will assume Customer no longer wishes to participate in GBC’s Services, in which case GBC will involuntarily cancel, terminate, or otherwise end Customer’s Services with GBC and make one (1) follow-up/courtesy trip to Customer’s Service Location on GBC’s next planned Bucket Swap/Compost Pickup day, to facilitate the retrieval of GBC’s property, including its buckets and/or lids. If, under the above detailed circumstances, Customer fails to return GBC’s property to GBC, as required, on said Bucket Swap/Compost Pickup day, then Customer’s failure to return said property tom GBC will carry the same consequences as any other failure on a Customer’s part to return GBC’s property to GBC, when required to do so, as detailed in the Return of GBC Property section of these Terms.

In recognition and support of, as well as agreement with, the above policy, Customer understands and acknowledges that it is Customer’s sole responsibility to contact GBC, using any or all of the contact options available at https://www.gbcompost.com/contact, by no later 5:00 PM Central Standard Time (CST) on the day prior to any of Customer’s scheduled Bucket Swap/Compost Pickup days, to notify GBC of any inability on Customer’s part to make GBC’s buckets and/or lid(s) available to GBC on said Bucket Swap/Compost Pickup days. Customer further understands that, as indicated earlier, any failure by Customer to give such notice to GBC may result in adverse action being taken by GBC against Customer, including, but not necessarily limited to, the aforementioned involuntarily cancellation, termination, or ending of Customer’s Services by GBC.

Unless expressly set forth in an Order, this Agreement excludes any and all other services.

Customer understands that they may voluntarily cancel, terminate, or otherwise end their Services with GBC at any time by using any of the contact options available at https://www.gbcompost.com/contact to notify GBC of their intent or desire to cancel, terminate, or otherwise end said Services. Customer understands that voluntary cancellation or termination of Customer’s Services with GBC does not necessarily entitle Customer to a refund of any kind from GBC, as per the Refunds section of these Terms, nor does it entitle Customer to retain possession of GBC’s property, including its buckets and/or lids, as per the Return of GBC Property section of these Terms. Customer further understands that their voluntary cancellation, termination, or ending of their Services with GBC does not, in and of itself, preclude Customer from initiating Services with GBC in the future.

2. No Entitlement to Compost

Customer understands that by Customer purchasing Services of any kind from GBC, Customer is purchasing Services only and not any make or manner of product from GBC. As such, Customer understands that Customer is in no way entitled to any compost or compost-related products (“Compost”) that GBC may produce, free of charge or otherwise, in exchange for their purchase of or participation in any of GBC’s Services, including, but not necessarily limited to, “compost,” “finished compost,” or “compost tea,” regardless of how much Customer has paid in total to GBC for its Services or how long Customer has participated in GBC’s Services, and regardless of Customer’s participation in any Rewards Programs (as detailed at www.GBCompost.com/Rewards) Customer may be offered by GBC. Customer further understands that any and all Compost produced by GBC is subject to availability and that GBC may, at its sole discretion, choose to make or not make said Compost available for purchase to anyone, including Customer, at any price GBC determines, at its sole discretion, to be a fair price for said Compost.

To the extent that GBC makes its Compost available for purchase to anyone, including its Customers, now or in the future, Customer understands that GBC will invoice for its Compost separately from its Services, not only for the sake of record-keeping but for the sake of compliance with Wisconsin State tax law compliance, which requires that GBC collect sales tax on its sale(s) of Compost. Customer further understands that GBC will be in no way obligated to sell or provide said Compost to anyone, including its Customers, unless the aforementioned invoice for Compost is paid, to GBC’s satisfaction.

3. Fees and Payment

All payments made by Customer to GBC must be made by Customer to GBC through GBC’s secure, Stripe-based payment system. Customer understands that GBC shall be in no way obligated to perform any Services for Customer until and unless Customer has made payment for said Services, to GBC’s satisfaction.

Customer understands that most payments made to GBC for GBC’s Services are recurring payments, as opposed to one-time payments, unless specified otherwise elsewhere in these Terms, and that unless Customer’s Services with GBC are canceled, terminated, or otherwise ended, whether voluntarily by Customer or involuntarily by GBC prior to the end of Customer’s subscription period, Customer will be automatically billed by GBC, through its secure payment processor, Stripe, at the beginning of Customer’s next subscription period, to facilitate the renewal or continuance Customer’s Services, at whatever price GBC may be charging for said Services at that time.

Customer understands that the price GBC charges for its Services and/or Products are subject to change at any time and that GBC reserves the right, at its sole discretion, to increase, decrease, change, or otherwise alter the pricing of its Services and/or Products at any time, including in the middle of a Customer’s subscription period. To that point, Customer understands that if they are dissatisfied at any time and/or in any way with any increases, decreases, changes, or alterations GBC may make to the pricing of GBC’s Services and/or Products that Customer reserves the right to voluntarily cancel, terminate, or otherwise end their Services with GBC at any time by using any of the contact options available at https://www.gbcompost.com/contact to notify GBC of their intent or desire to cancel, terminate, or otherwise end said Services.

In the event that GBC intends to increase, decrease, changes, or otherwise alter the pricing of its Services and/or Products, GBC will endeavor to inform its Customers, by any means available to GBC, of said intent, to allow Customer to make an informed decision as to whether Customer would like to continue receiving said Service and/or Products from GBC.

If Customer desires for their Services to begin on a particular Bucket Swap/Compost Pickup day, as detailed in GBC’s schedule of events, located at https://www.gbcompost.com/events, the payment for said Services must be made by Customer, in the manner described above, by no later than 5:00 PM Central Standard Time (CST) on the day prior to the day Customer would like their Service to begin. In the event that such payment is not made by Customer by this deadline, Customer understands that Customer’s first day of Service will not begin until GBC’s next planned Bucket Swap/Compost Pickup day thereafter.

If, for any reason, Customer’s payment to GBC for Services is cancelled, reversed, or otherwise voided in such a way that GBC is not in receipt of Customer’s payment, regardless of whether GBC has already rendered any Services to Customer, GBC reserves the right, at its sole discretion, to refuse to provide Services to Customer, as well as to involuntarily cancel, terminate, or otherwise end Customer’s Services with GBC, without prior notice to Customer. Having said that, Customer understands that if GBC, at its sole discretion, decides to refund Customer in any way, Customer will receive an email from GBC, through its secure payment processor, Stripe, notifying Customer of said refund. For more information on refunds, Customer should review the Refunds section of these Terms.

Upon Customer making payment to GBC, in the manner described above, Customer will receive, via the email Customer provided to GBC as per the Order, an emailed receipt from Stripe, GBC’s secure payment processor, on behalf of GBC, reflecting the Services Customer has paid for as well as the amount Customer has paid to GBC, with PDF copies of both an invoice and a receipt attached, for Customer’s records. If Customer does not receive this emailed receipt, or if Customer would like a hard copy/printed receipt mailed to them, Customer may request a copy of said receipt be either emailed or mailed to Customer at any time by contacting GBC using any of the contact options available at https://www.gbcompost.com/contact. If Customer wishes to download an invoice, which includes an invoice number, Customer may do so by utilizing GBC’s subscription self-management options available at https://www.gbcompost.com/manage-my-subscription.

GBC will endeavor to respond to any requests for receipts or invoices within 72 hours of GBC’s receipt of such requests and endeavor to ensure that Customer has received the document(s) Customer has requested within 7-10 business days of Customer’s request.

4. Term

This Agreement shall commence at the date and time that Customer makes the necessary payment to GBC, as described in the Fees and Payment section above, to initiate Services with GBC, and will be considered by both Customer and GBC to have ended only once GBC has received all of its property, including any of its buckets and/or lids that may be in Customer’s possession, back from Customer, been appropriately compensated for its property by Customer, or decided, at its sole discretion, that it does not require the return of its property by Customer, as per the Return of GBC Property section of these Terms.

5. Service Location Access and Conditions

Customer understands that for GBC to perform Services for Customer that Customer’s Service Location must be a single-family home or other type of private dwelling with its own, private door leading directly outside, as opposed to a business or a multi-unit residential building with no such door, due to the nature of said Services. As such, Customer understands that if Customer subscribes to any of GBC’s Services with a Service Location which is later determined by GBC to not be serviceable that GBC reserves the right, at its sole discretion, to involuntarily cancel, terminate, or otherwise end Customer’s Services with GBC, without prior notice to Customer. For information as to whether Customer may be eligible for a refund from GBC under such circumstances, Customer should review the Refunds section of these Terms.

Customer shall make reasonable efforts to render Customer’s Service Location safe for GBC’s employees, volunteers, and contractors prior to any Bucket Swap/Compost Pickup scheduled for Customer, including, but not necessarily limited to, by keeping the Service Location clear of debris, standing water, ice, snow, and any other matter or material that could pose a risk of death or injury of any kind to GBC’s employees, volunteers, and contractors, as well as by containing, restraining, or otherwise exerting physical control over any pets or animals that may be kept at Customer’s Service Location, so that they pose no risk or death or injury of any kind to GBC’s employees, volunteers, and contractors.

Customer shall also make reasonable efforts to ensure that Customer’s Service Location is easily accessible to GBC’s employees, volunteers, and contractors who may perform Bucket Swaps/Compost Pickups for Customer, including by placing GBC’s buckets, with lids firmly atop them, in an area of the Service Location, such as on Customer’s front step/porch/patio, in front of Customer’s garage, or at the end of a walkway leading to Customer’s driveway, rather than behind a fence or a door or inside of any other kind of physical structure, including, but not necessarily limited to, a house, garage, shed, or barn, which could and likely would prevent GBC’s employees, volunteers, and contractors from performing its Services for Customer.

Customer understands that if Customer fails to do as described above that GBC reserves the right, at its sole discretion, to refuse to provide Services to Customer on any Bucket Swap/Compost Pickup day and that Customer will not be entitled to any refunds from GBC, nor will GBC be liable for any harm or suffering Customer may experience as a direct or indirect result of Customer’s failure to adhere to these Terms.

Customer further understands that while GBC may, as a courtesy to Customer, contact customer, by any means available to GBC, to alert Customer as to the inability of GBC to safely and/or easily access Customer’s Service location, as a means of ensuring the issue does not persist, GBC is under no obligation, legal or otherwise, to do so.

Unless indicated otherwise elsewhere in these Terms, or unless Customer is advised otherwise by GBC, any Customer whose Services with GBC have been refused by GBC due to a Service Location deemed unsafe or not easily accessible by GBC, should make no assumption that GBC has involuntarily cancelled, terminated, or otherwise ended Customer’s Services with GBC, and should expect GBC to perform Customer’s next scheduled Bucket Swap/Compost Pickup, if any, as per usual.

In the event that GBC refuses to provide Services to Customer due to a Service Location deemed unsafe or not easily accessible by GBC, on what would have been Customer’s final Bucket Swap/Compost Pickup day, Customer understands that Customer is responsible for returning GBC’s property to GBC, as per the Return of GBC Property section of these Terms. Customer further understands that under such conditions, GBC may make only one (1) follow-up/courtesy trip to Customer’s Service Location on GBC’s next planned Bucket Swap/Compost Pickup day, to facilitate the retrieval of GBC’s property, including its buckets and/or lids, from Customer and that if Customer fails to return GBC’s property to GBC, as required, that Customer’s failure to return said property to GBC will carry the same consequences as any other failure on a Customer’s part to return GBC’s property to GBC, when required to do so, as detailed in the Return of GBC Property section of these Terms.

6. Return of GBC Property

Customer understands that any of GBC’s buckets and/or lids provided to Customer by GBC, at any time or for any reason, are the sole property of GBC, and remain as such, even in the event that Customer’s Services with GBC are cancelled, terminated, or otherwise ended for any reason, and regardless of whether said Services are cancelled, terminated, or otherwise ended voluntarily by Customer or involuntarily by GBC. As such, Customer understands that Customer is legally required to return GBC’s property to GBC, in the same or similar condition to how it was originally provided to Customer by GBC, upon the cancellation, termination, or ending of Customer’s Services with GBC, in the same manner in which a typical Bucket Swap/Compost Pickup would be performed or in some other manner agreed to, in writing, by GBC, unless specified otherwise elsewhere in these Terms.

Customer understands that they are responsible, upon the cancellation, termination, or end of Customer’s Services with GBC, to place any of GBC’s buckets and/or lids in Customer’s possession, in a safely and easily accessible area of Customer’s Service Location, either on Customer’s final Bucket Swap/Compost Pickup day, as scheduled or agreed upon by GBC, or on GBC’s next planned Bucket Swap/Compost Pickup day, whichever comes first, or to make alternate arrangements with GBC to facilitate GBC’s retrieval of its buckets and/or lids from Customer, regardless of whether Customer is still a paying Customer or active subscriber of GBC’s on said Bucket Swap/Compost Pickup days, unless specified otherwise elsewhere in these Terms.

Customer further understands that under no circumstances, unless expressly agreed to in writing by GBC, is Customer allowed to return GBC’s property, including its buckets and/or lids, to GBC in any condition or manner other than that described above, including by way of a drop-off at any of GBC’s composting sites or the personal or private residence(s) of any of GBC’s employees, volunteers, or contractors.

Customer understands that should Customer fail to return GBC’s property to GBC, under the circumstances and in the condition and manner described above, when required to do so, as per these Terms, that Customer will be considered by GBC to be engaging in Abandonment of Service (as described in the Abandonment of Service section of these Terms) and therefore ineligible to receive any refunds from GBC. Customer further understands that under such circumstances, GBC may make no further attempts to retrieve its property from Customer and will charge Customer a minimum of $25.00, to cover the cost of any GBC property still in Customer’s possession, as well as to compensate GBC for the inconvenience the Customer will have caused GBC. For more information on GBC’s Abandonment of Services policy, Customer should review the Abandonment of Services section of these Terms.

Assuming Customer has a viable payment method on file with GBC at the time they are determined to have engaged in Abandonment of Service, Customer understands and agrees that GBC is fully authorized and legally allowed to automatically charge said payment method on file for the aforementioned $25.00.

If the Customer does not have a viable payment method on file with GBC at the time they are determined to have engaged in Abandonment of Service, or if GBC attempts to charge Customer’s payment method on file with GBC and said charge fails for any reason, Customer understands that GBC will email an invoice to Customer, which must be paid within 30 days of the date the invoice was emailed to Customer. If said invoice is not paid within this 30-day time frame, Customer understands that GBC reserves to right to take any and all legal action is necessary to ensure said invoice is paid, as well as to recover from Customer any and all costs incurred in doing so, including, but not necessarily limited to, staff time, court costs (including filing fees), and reasonable attorneys’ fees and costs.

In the event that Customer’s Services with GBC have not been cancelled, terminated, or otherwise ended, yet it becomes apparent that Customer will be unable to return GBC’s property to GBC at any point in the same or similar condition to how it was originally provided to Customer by GBC, due to the loss or theft of said property or damage done to the same while in Customer’s possession and through no fault of GBC’s, which would necessitate GBC’s replacement of said property, Customer understands that Customer will be charged for a minimum of $5.00 per lid and/or $15.00 per bucket, to cover the cost of replacing GBC’s property. Unless specified otherwise elsewhere in these Terms, a Customer under such circumstances should make no assumption that GBC has involuntarily cancelled, terminated, or otherwise ended Customer’s Services with GBC, and should expect GBC to perform Customer’s next scheduled Bucket Swap/Compost Pickup, if any, as per usual.

Assuming Customer has a viable payment method on file with GBC at the time GBC determines that Customer will be unable to return GBC’s property to GBC at any point in the same or similar condition to how it was originally provided to Customer by GBC, Customer understands and agrees that GBC is fully authorized and legally allowed to automatically charge said payment method on file for the aforementioned amounts.

If the Customer does not have a viable payment method on file with GBC at the time GBC determines that Customer will be unable to return GBC’s property to GBC at any point in the same or similar condition to how it was originally provided to Customer by GBC, or if GBC attempts to charge Customer’s payment method on file with GBC and said charge fails for any reason, Customer understands that GBC will email an invoice to Customer, which must be paid within 30 days of the date the invoice was emailed to Customer. If said invoice is not paid within this 30-day time frame, Customer understands that GBC reserves to right to take any and all legal action is necessary to ensure said invoice is paid, as well as to recover from Customer any and all costs incurred in doing so, including, but not necessarily limited to, staff time, court costs (including filing fees), and reasonable attorneys’ fees and costs. Customer further understands that under such circumstances, Customer will be considered by GBC to be engaging in Abuse of Service and therefore subject to the consequences described in the Abuse of Service section of these Terms.

The only possible exception to the above policy is circumstances under which GBC goes out of business entirely or becomes permanently unable to provide the Services Customer has paid for, through no fault of Customer’s, in which case GBC will endeavor to notify Customer, as soon as possible, and by any means available to GBC, of said circumstances. Under such circumstances, whether Customer would be required to return GBC’s property to GBC would depend upon whether GBC would be physically able to make an attempt to retrieve its property from Customer.

Assuming GBC would be physically unable to make such an attempt, GBC would communicate this to Customer, in the manner described above, and Customer would not be required to return GBC’s property, including its bucket(s) and lid(s), and would be allowed to keep said property free of charge. If, however, GBC would be physically able to make such an attempt, GBC would communicate this to Customer, in the manner described above, and Customer would be required to return GBC’s property to GBC, in the same manner as described earlier in this section, and would face the same consequences for failing to do so, also as described earlier in this section.

7. Refunds

Whether a Customer is entitled to or otherwise eligible for a refund of any kind from GBC is dependent upon several factors, including which Services Customer is/was subscribed to, under what conditions Customer’s Services with GBC are/were canceled, terminated, or otherwise ended, and whether Customer has returned GBC’s property, including its buckets and/or lids, to GBC, when required to do so.

First and foremost, any Customer who fails to return GBC’s property, including its buckets and/or lids, to GBC, under the circumstances and in the condition and manner described in the Return of GBC Property section of these Terms, when required to do so, will be considered by GBC to be engaging in Abandonment of Service (as described in the Abandonment of Service section of these Terms) and therefore ineligible to receive any refunds from GBC. Likewise, any Customer who is considered by GBC to be engaging in Abuse of Service (as described in the Abuse of Service section of these Terms) will also be ineligible to receive any refunds from GBC.

Assuming a Customer has engaged in neither Abandonment nor Abuse of Service, said Customer may be eligible for a either a full or a prorated refund of subscription-related payments Customer has made to GBC, depending on the situation.

Generally, before any Customer can be considered eligible for a refund of any kind from GBC, two things will need to have occurred:

  1. Customer’s Services with GBC will need to have been cancelled, terminated, or otherwise ended, either voluntarily by Customer or involuntarily by GBC, in such a way that GBC has been made privy to or become otherwise aware of the cancellation, termination, or ending of such Services.
  2. Any of GBC’s property, including its buckets and/or lids, will need to have been returned to GBC by Customer, as per the Return of GBC Property section of these Terms.

If either, or both, of the above things has not occurred, Customer will not be entitled to a refund of any kind from GBC, with two notable exceptions, as described later in this section. If, however, both of these things have occurred, Customer may be eligible for a full refund or a prorated refund of subscription-related payments Customer has made to GBC, depending on the situation, as detailed below.

Regarding any Customer, in particular a new or first-time Customer, who is not known to be in possession of any of GBC’s property:

  • Such a Customer who voluntarily cancels, terminates, or otherwise ends any of GBC’s Services by no later than 5:00 PM Central Standard Time (CST) on the day prior to said Customer’s first scheduled Bucket Swap/Compost Pickup day will be entitled to a refund of subscription-related payments Customer has made to GBC, minus any fees GBC may have been charged by its secure payment processor, Stripe, relative to Customer’s purchase of GBC’s Services.
  • Such a Customer who misses the above-mentioned deadline to voluntarily cancel, terminate, or otherwise ends any of GBC’s plans prior to said Customer’s first scheduled Bucket Swap/Compost Pickup day, said Customer will be entitled to a refund of subscription-related payments Customer has made to GBC, minus any fees GBC may have been charged by its secure payment processor, Stripe, relative to Customer’s purchase of GBC’s Services, and minus a $5 inconvenience fee.
  • Such a Customer whose Services with GBC are involuntarily canceled, terminated, or otherwise ended by GBC, due to GBC’s determination, at its sole discretion, that Customer is not eligible to participate in GBC’s Services, will be entitled to a refund of subscription-related payments Customer has made to GBC, minus any fees GBC may have been charged by its secure payment processor, Stripe, relative to Customer’s purchase of GBC’s Services.

Regarding any Customer, new or otherwise, who is known to be in possession of any of GBC’s property:

  • Such a Customer who voluntarily cancels, terminates, or otherwise ends any of GBC’s 6-Months-Paid-in-Full plans, will not be entitled to a refund of any kind, regardless of how many trips GBC has made to Customer’s Service Location for the sake of performing Bucket Swaps/Compost Pickups or retrieving GBC’s property from Customer.
  • Such a Customer who voluntarily cancels, terminates, or otherwise ends any of GBC’s Month-to-Month plans, including the “Add-a-Bucket” option, will be entitled to a prorated refund of subscription-related payments Customer has made to GBC, relative to any trips GBC will no longer need to make to Customer’s Service Location for the sake of performing Bucket Swaps/Compost Pickups or retrieving GBC’s property from Customer, minus any fees GBC may have been charged by its secure payment processor, Stripe, relative to Customer’s purchase of GBC’s Services.
  • Such a Customer whose Services with GBC are involuntarily canceled, terminated, or otherwise ended by GBC, due to GBC’s determination, at its sole discretion, that Customer is not eligible to participate in GBC’s Services, will be entitled to a prorated refund of subscription-related payments Customer has made to GBC, relative to any trips GBC will no longer need to make to Customer’s Service Location for the sake of performing Bucket Swaps/Compost Pickups or retrieving GBC’s property from Customer, minus any fees GBC may have been charged by its secure payment processor, Stripe, relative to Customer’s purchase of GBC’s Services.
  • Such a Customer whose Services with GBC are involuntarily canceled, terminated, or otherwise ended by GBC, due to either Abandonment of Service (as described in the Abandonment of Service section of these Terms) or Abuse of Service (as described in the Abuse of Service section of these Terms), as determined by GBC, at its sole discretion, will be ineligible for refunds of any and all kinds from GBC, with no exceptions.
  • Such a Customer whose Services with GBC are involuntarily canceled, terminated, or otherwise ended by GBC, due to GBC either going out of business entirely or becoming permanently unable to provide the Services Customer has paid for, will be entitled to a prorated refund of subscription-related payments Customer has made to GBC, relative to any trips GBC will no longer be making to Customer’s Service Location for the sake of performing Bucket Swaps/Compost Pickups or retrieving GBC’s property from Customer, minus any fees GBC may have been charged by its secure payment processor, Stripe, relative to Customer’s purchase of GBC’s Services.

Regarding notable exceptions to the above policies, there are two other situations in which a Customer may be entitled to a refund from GBC:

  1. A situation in which GBC goes out of business entirely or becomes permanently unable to provide the Services Customer has paid for, through no fault of Customer’s, in which case Customer may be entitled to a prorated refund of subscription-related payments Customer has made to GBC, relative to any trips GBC will no longer be making to Customer’s Service Location for the sake of performing Bucket Swaps/Compost Pickups or retrieving GBC’s property from Customer. Whether Customer is entitled to such refunds, under these circumstances, and the amount of any particular refunds, will be dependent upon whether Customer is required to return GBC’s property to GBC, as per the final paragraph of the Return of GBC Property section of these Terms.
    • Under circumstances where Customer is not required to return GBC’s property to GBC, Customer will be entitled to a prorated refund of subscription-related payments Customer has made to GBC, relative to any trips GBC will no longer be making to Customer’s Service Location for the sake of performing Bucket Swaps/Compost Pickups or retrieving GBC’s property from Customer, minus any fees GBC may have been charged by its secure payment processor, Stripe, relative to Customer’s purchase of GBC’s Services.
    • Under circumstances where Customer is required to return GBC’s property to GBC, Customer will be entitled to a prorated refund of subscription-related payments Customer has made to GBC, relative to any trips GBC will no longer be making to Customer’s Service Location for the sake of performing Bucket Swaps/Compost Pickups or retrieving GBC’s property from Customer, minus any fees GBC may have been charged by its secure payment processor, Stripe, relative to Customer’s purchase of GBC’s Services, only if Customer has returned GBC’s property to GBC, as required, per the Return of GBC Property Section of these Terms.
  2. A situation in which GBC’s Services are temporarily delayed or unavailable, such as in the event of extreme weather conditions or other situations outside of GBC’s control (for example, employee, volunteer, or contract illness or injury), and through no fault of Customer’s, in which case Customer may be entitled to a a prorated refund of subscription-related payments Customer has made to GBC, relative to any scheduled trips GBC will have been unable to make to Customer’s Service Location for the sake of performing Bucket Swaps/Compost Pickups or retrieving GBC’s property from Customer. Whether Customer is entitled to such refunds, under these circumstances, and the amount of any particular refunds, will be dependent upon, first, whether any Bucket Swap/Compost Pickup affected falls on what would have been Customer’s final Bucket Swap/Compost Pickup day, and second, upon whether Customer will have returned GBC’s property to GBC, when required to do so.
    • Assuming none of Customer’s affected Bucket Swap/Compost Pickups will have fallen on what would have been Customer’s final Bucket Swap/Compost Pickup day, Customer will have been under no obligation to return GBC’s property to GBC, and thus Customer will be entitled to a a prorated refund of subscription-related payments Customer has made to GBC, relative to any scheduled trips GBC will have been unable to make to Customer’s Service Location for the sake of performing Bucket Swaps/Compost Pickups.
    • Assuming that at least one of Customer’s affected Bucket Swap/Compost Pickups will have fallen on what would have been Customer’s final Bucket Swap/Compost Pickup day, will have had an obligation to return GBC’s property to GBC, and thus Customer will be entitled to a a prorated refund of subscription-related payments Customer has made to GBC, relative to any scheduled trips GBC will have been unable to make to Customer’s Service Location for the sake of performing Bucket Swaps/Compost Pickups, minus any fees GBC may have been charged by its secure payment processor, Stripe, relative to Customer’s purchase of GBC’s Services, only if Customer has returned GBC’s property to GBC, as required, per the Return of GBC Property Section of these Terms.

Customer understands that all of the above-referenced refunds, full, prorated, or otherwise, will generally be issued by GBC, through GBC’s secure payment processor, Stripe, to Customers eligible for them within 72 hours of the time GBC determines Customer is eligible or otherwise entitled to them and that all refunds issued by GBC will be refunded via either the payment method Customer used to make payment to GBC or the payment method GBC’s payment process, Stripe, has on file for Customer at the time of the refund. Customer further understands that if GBC, at its sole discretion, decides to refund Customer in any way, Customer will receive an email from GBC, through its secure payment processor, Stripe, notifying Customer of said refund, at the time the refund is issued and that the refund can take 5-10 business days to show in Customer’s credit or debit card account.

8. Abandonment of Service

Customer understands that the following behavior on Customer’s part will result in GBC considering Customeer to have engaged in Abandonment of Serice:

  • Failure on Customer’s part to make GBC’s buckets and/or lids available to GBC for the purpose of performing GBC’s Services for Customer on two or more consecutive, scheduled Bucket Swap/Compost Pickup days with either no notice, written or otherwise, provided to GBC of Customer’s inabiility to make said buckets and/or lids available to GBC or no notice, written or otherwise, to GBC of Customer’s intent or desire to cancel, terminate, or otherwise end their Services with GBC.
  • Failure on Customer’s part to respond in what GBC would consider a timely fashion (generally, within 24-72 hours of any emails, phone calls, or text messages from GBC to Customer) to GBC’s attempts to contact Customer, by any means, regarding the above-mentioned behavior, failed payments to GBC or the inability of GBC to successfully renew Customer’s Services due to payment-related issues, or any other behavior on Customer’s part that prevents, or could prevent, GBC from providing its Services to Customer or retrieving its property, including its buckets and/or lids, from Customer, when GBC deems it necessary to do so.
  • Any failure or refusal on Customer’s part to return GBC’s property, including its bucket(s) and/or lid(s), when required to do so, as per these Terms, or, more specifically, the Return of GBC Property section of these Terms.

Customer understands that in the event Customer is determined by GBC, at is sole discretion, to have engaged in Abandonment of Service, Customer’s Services with GBC, assuming they have not already been voluntarily cancelled, terminated, or otherwise ended by Customer, may be involuntarily cancelled, terminated, or otherwise ended by GBC and that Customer may become ineligible to receive any refunds from GBC, be potentially banned, without notice, written or otherwise, from using GBC’s Services on a permanent basis, and be charged by GBC a minimum of $25.00 to cover the cost of any GBC property still in Customer’s possession, as well as to compensate GBC for the inconvenience Customer will have caused GBC.

Assuming Customer has a viable payment method on file with GBC at the time they are determined to have engaged in Abandonment of Service, Customer understands and agrees that GBC is fully authorized and legally allowed to automatically charge said payment method on file for the aforementioned $25.00.

If the Customer does not have a viable payment method on file with GBC at the time they are determined to have engaged in Abandonment of Service, or if GBC attempts to charge Customer’s payment method on file with GBC and said charge fails for any reason, Customer understands that GBC will email an invoice to Customer, which must be paid within 30 days of the date the invoice was emailed to Customer. If said invoice is not paid within this 30-day time frame, Customer understands that GBC reserves to right to take any and all legal action is necessary to ensure said invoice is paid, as well as to recover from Customer any and all costs incurred in doing so, including, but not necessarily limited to, staff time, court costs (including filing fees), and reasonable attorneys’ fees and costs.

9. Abuse of Service

Customer understands that any behavior on the part of Customer which GBC determines, at is sole discretion, puts or has put GBC and/or any of GBC’s employees, volunteers, or contracts at unnecessary, unacceptable, or unreasonable risk of harm, whether physical, financial, or otherwise, will constitute Abuse of Service. Customer understands that examples of this behavior could include, but are not necessarily limited to:

  1. Customer intentionally, negligently, or repeatedly placing unacceptable materials (listed as Not Acceptable Materials in GBC’s List of Acceptable and Not Acceptable Materials) into GBC’s buckets, especially after having been being asked, advised, or coached by GBC, either verbally or in writing, perhaps repeatedly, to cease this behavior.
  2. Customer intentionally, negligently, repeatedly failing or refusing to render their Service Location safe for GBC’s employees, volunteers, and contractors, as per the Service Location Access and Conditions section of these Terms, especially after having been being asked, advised, or coached by GBC, either verbally or in writing, perhaps repeatedly, to rectify this situation.
  3. Customer intentionally, negligently, or repeatedly failing or refusing to render their Service Location easily accessible to GBC’s employees, volunteers, and contractors, as per the Service Location Access and Conditions section of these Terms, especially after having been being asked, advised, or coached by GBC, either verbally or in writing, perhaps repeatedly, to rectify this situation.
  4. Customer signing up for GBC’s Services with no apparent intention of actually paying for or participating in said Services.
  5. Customer intentionally, negligently, or repeatedly damaging any of GBC’s property, including, but not necessarily limited to, its buckets and/or lids, or the vehicle(s) used by GBC’s employees, volunteers, or contractors to perform GBC’s Services, especially to the extent that GBC must pay for the repair or replacement of said property.
  6. Customer repeatedly losing possession of any of GBC’s property, including its buckets and/or lids, even if said loss(s) is/are a result of an apparent theft by someone other than Customer, which would necessitate the replacement said property by GBC, regardless of whether Customer pays, or has paid, in full any and all invoices GBC’s may have mailed and/or emailed to Customer relative to said loss(es), and regardless of whether Customer has filed any police reports regarding potential theft(s).
  7. Customer dropping off any of GBC’s property, including its buckets and/or lids, at any of GBC’s composting sites, the personal or private residence(s) of any of GBC’s employees, volunteers, or contractors, or any other location not authorized in writing by GBC, especially after having been being asked, advised, or coached by GBC, either verbally or in writing, perhaps repeatedly, to cease this behavior.
  8. Customer disposing of or otherwise dumping the contents of GBC’s buckets, or any other matter or material of any kind, at any of GBC’s composting sites or at the personal or private residence(s) of any of GBC’s employees, volunteers, or contractors, especially after having been being asked, advised, or coached by GBC, either verbally or in writing, perhaps repeatedly, to cease this behavior.
  9. Customer trespassing on any of GBC’s composting sites or at the personal or private residence(s) of any of GBC’s employees, volunteers, or contractors, especially after having been being asked, advised, or coached by GBC, either verbally or in writing, perhaps repeatedly, to cease this behavior.
  10. Customer harassing GBC or any of GBC’s employees, volunteers, or contractors, such as by communicating with GBC or any of GBC’s employees, volunteers, or contractors, in any way, shape, or form, in a manner which GBC determines, at its sole discretion, to be rude, disrespectful, threatening, intimidating, hateful, or otherwise unprofessional, especially after having been being asked, advised, or coached by GBC, either verbally or in writing, perhaps repeatedly, to cease this behavior.
  11. Customer physically threatening, intimidating, harming, or attempting to harm any of GBC’s employees, volunteers, or contractors, especially after having been being asked, advised, or coached by GBC, either verbally or in writing, perhaps repeatedly, to cease this behavior, and regardless of whether GBC has filed a police report regarding such behavior or taken any other form of legal action to address it.

Customer understands that in the event they are determined by GBC, at is sole discretion, to have engaged in Abuse of Service, Customer’s Services with GBC, assuming they have not already been voluntarily cancelled, terminated, or otherwise ended by Customer, may be involuntarily cancelled, terminated, or otherwise ended by GBC and that Customer may become ineligible to receive any refunds from GBC, be potentially banned, without notice, written or otherwise, from using GBC’s Services on a permanent basis, and be charged by GBC for a minimum of $25.00 to cover the cost of any GBC property still in Customer’s possession, as well as to compensate GBC for the inconvenience the Customer will have caused GBC.

Assuming Customer has a viable payment method on file with GBC at the time they are determined to have engaged in Abuse of Service, Customer understands and agrees that GBC is fully authorized and legally allowed to automatically charge said payment method on file for the aforementioned $25.00.

If the Customer does not have a viable payment method on file with GBC at the time they are determined to have engaged in Abuse of Service, or if GBC attempts to charge Customer’s payment method on file with GBC and said charge fails for any reason, Customer understands that GBC will email an invoice to Customer, which must be paid within 30 days of the date the invoice was emailed to Customer. If said invoice is not paid within this 30-day time frame, Customer understands that GBC reserves to right to take any and all legal action is necessary to ensure said invoice is paid, as well as to recover from Customer any and all costs incurred in doing so, including, but not necessarily limited to, staff time, court costs (including filing fees), and reasonable attorneys’ fees and costs.

10. Warranties

GBC represents and warrants that it shall perform the Services: (i) in accordance with the terms and conditions of this Agreement, (ii) using personnel of required skill, experience and qualifications, (iii) in a timely, workmanlike and professional manner, (iv) in accordance with all applicable laws, ordinances, rules and regulations, and the highest professional and generally acceptable industry standards in the waste management industry, and to the reasonable satisfaction of Customer.

Customer understands that if Customer is, for whatever reason, dissatisfied with GBC’s Service, that Customer has the right to contact GBC at any time by using any of the contact options available at https://www.gbcompost.com/contact to voice their grievance(s) and/or concern(s) and seek an amiable resolution with GBC.

11. Limitation of Liability.

(a) Unless directly caused by or the result of the willful misconduct of GBC, its employees, volunteers, agents, contractors, subcontractors, or representatives, and unless such causation and/or misconduct is proven in a court of law, GBC shall in no event be liable or responsible to Customer for any damages, losses, or liabilities arising from: (i) any natural causes or Force Majeure Event (as defined below); (ii) any unseen, unknown, or concealed conditions in, on or about the Service Location(s) or any condition at the Service Location(s) that are not caused by the Services performed by GBC; (iii) the performance of Services beyond the boundaries of the Service Location(s) if the boundaries were not properly stake or marked by Customer; (iv) use of products or performance of Services in conformance with any manufacturer directions, guidelines, warranty, standards, or recommendations or otherwise in conformance with industry standards; or (v) Customer’s failure to fulfill any of Customer’s own obligations and/or responsibilities under the Agreement.

If GBC incurs any cost or expense attributable to any of the foregoing events, conditions, or circumstances, GBC reserves the right to invoice any entity, including Customer, relative to said cost or expense and to, if necessary, take any and all legal action required to make GBC whole, which is to say, as if said cost or expense had never been incurred by GBC. Customer understands that this is not to say that GBC will attempt to hold Customer responsible for events, conditions, or circumstances outside of Customer’s control, but rather that GBC is not agreeing to waive any rights to recovery, financial or otherwise, that GBC may have as a result of said events, conditions, or circumstances.

(b) Customer shall indemnify and hold GBC harmless from any losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest penalties, fines, fees, costs, or expenses of any whatever kind (including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers) incurred by GBC relating to, arising out of or resulting from: (i) any limitations or restrictions Customer has imposed upon the performance of the Services, or rejection of Services offered to Customer (whether in the Order or other written communication); or (ii) the site conditions at the Service Location(s) (excluding those caused by GBC).

(c) IN NO EVENT SHALL GBC BE LIABLE TO CUSTOMER, OR ANYONE CLAIMING BY, THROUGH, OR UNDER CUSTOMER, FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY NATURE, WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, INCLUDING, WITHOUT LIMITATION, DELAY, LOST REVENUE, LOST PROFITS, OR LOSS OF GOODWILL, EVEN IF GBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Customer must notify GBC, in writing, of any harm or damage Customer believes, or has reason to believe, has resulted from Customer’s use of GBC’s Services or GBC’s performance of Services for Customer within three (3) business days of said harm or damage having occurred or otherwise manifested itself. Customer’s failure report such harm or damages in accordance with these terms shall constitute a waiver and release of any and all claims Customer may have, or could possiby have, against GBC, its employees, volunteers, agents, contractors, subcontractors, or representatives, which may relate in any way to such harm or damages. Furthermore, Customer’s aggregate recovery from GBC, its employees, volunteers, agents, contractors, subcontractors, or representatives, for any claim other than those excluded herein shall not exceed the Fees paid by Customer for the Services giving rise to such claim, irrespective of the nature of the claim, whether in contract, tort, warranty, or otherwise. If, for any reason, the foregoing limitations are found by a court to be invalid or inapplicable under any applicable state or federal law, Customer agrees that GBC’s total liability for any and all losses of any kind or nature, allegedly suffered by Customer as a result of Customer’s use of GBC’s Services or GBC’s performance of Services for Customer, shall be limited to actual damages, without regard to any punitive or exemplary damages provided by any applicable law.

12. Insurance.

During the Term, GBC and/or its employees, volunteers, and contractors shall, at their own expense, maintain and carry any insurance which GBC, at its sole discretion, believes is necessary to successfully manage any risk inherent in GBC, its employees, volunteers, agents, contractors, subcontractors, or representatives performing GBC’s Services.

13. Contractors and Subcontractors

GBC reserves the right to hire, and delegate its obligations under this Agreement to contractors and/or subcontractors to perform the Services under this Agreement, provided that GBC shall remain fully responsible for the performance of all of its obligations under this Agreement and for the performance of its contractors and subcontractors and such contractors and subcontractors compliance with this Agreement.

14. Relationship of Parties

GBC is, and shall act in all respects as, an independent contractor and shall have exclusive control over the manner and method of performing the Services, including the manner in which its contractors and subcontractors perform the Services. Nothing herein shall authorize or empower either party to assume or create any obligation or responsibility whatsoever, express or implied, on behalf or in the name of the other party, or to bind the other party in any manner, or make any representation, warranty, or commitment on behalf of the other party.

15. Force Majeure.

GBC shall not be liable to Customer or third parties for any delay in, or failure of, performance caused by acts or circumstances beyond its direct control, including but not limited to acts of God, weather conditions, fire, flood, explosion, war, governmental action, terrorist threats or acts, civil unrest, pandemic, quarantine, major equipment failure, accident, vandalism, labor disputes, strikes, non-performance by a third party, shortage or inability to obtain materials, equipment, power or transportation (each, a “Force Majeure Event”). If delay is caused by any such circumstances, GBC shall have the option to cancel all or any portion of this Agreement  and/or extend any date upon which performance hereunder is due, without liability to either party.

16. Assignment.

Customer may not assign or transfer any of Customer’s rights, responsibilities, or obligations under this Agreement without the prior written consent of GBC.

17. Survival.

All terms and provisions of this Agreement that should by their nature survive the termination of this Agreement shall so survive.

18. Governing Law; Venue; Jurisdiction.

This Agreement and performance under it will be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to choice of law principles. Venue and jurisdiction for any action or claim arising out of or relating to this Agreement shall be in the state and federal courts located in Brown County, Wisconsin. The Parties consent to the venue and jurisdiction of such courts and waive any objections to such venue and jurisdiction. In the event of a dispute between the Parties, or if GBC is otherwise compelled or forced to engage attorneys regarding any matter arising out of this Agreement, GBC shall be entitled to recover from Customer all and all costs incurred in doing so, including, but not necessarily limited to, staff time, court costs (including filing fees), and reasonable attorneys’ fees and costs.

19. Entire Agreement.

These Terms and the Order constitute the entire agreement between the Parties with respect to the subject matter contained herein and supersedes any and all previous agreements between the Parties, whether written or oral, with respect to such subject matter. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

20. Execution.

Customer understands and acknowledges that for Customer to have made the payment to GBC necessary to initiate Services with GBC, as described in the Fees and Payment section of these Terms, that Customer will have first needed to check a checkbox, located beside text which states, “I have read, understand, and accept Greener Bay Compost’s Terms of Service.” Accordingly, this Agreement between Customer and GBC is deemed executed by both Customer and GBC at the date and time that Customer makes the aforementioned payment, regardless of whether this Agreement or a copy of it is separately signed and/or dated by either GBC or Customer. To that point, Customer further agrees that Customer’s checking of the aforementioned checkbox constitutes Customer’s signature, for all intents and purposes, legal or otherwise, insofar as their agreement to these Terms is concerned.

This Agreement may be executed in multiple parts and/or counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A copy of this Agreement delivered by facsimile, email of a portable document format (such as a PDF) copy, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original copy of this Agreement. Each party agrees that any electronic signatures associated with this Agreement, including the checking of the aforementioned checkbox by Customer, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.