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Terms & Conditions

Terms and Conditions

Privacy Notice

Mulch Express USA knows that you care how information about you is used. This notice describes our privacy policy. By visiting Mulch Express USA, you are accepting the practices described in this Privacy Notice. 

What Personal Information About Customers Does Mulch Express USA Gather?

Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of some of our features. We use the information you provide so that we can respond to your requests, fulfill orders, and customize your future shopping experience based on your expressed interests. 

Automatic Information: We receive and store certain types of information whenever you interact with our website. Like many web sites, we use "cookies," as well as scripts to check and conform to your browser settings. 

E-mail Communications: Should you elect to accept e-mail communications, we will sporadically send newsletters and product announcements, notifications of policy changes, and order confirmations. If you do not want to receive e-mail from us, other than order notifications and receipts, please adjust your "Subscription" preferences by logging into your account. 

What About Cookies? 

Cookies are alphanumeric identifier text files that we transfer to your computer's hard drive to enable our system to recall details of your previous visit to our site. This information is only used to enhance your shopping and browsing experience.

Does Mulch Express USA Share the Information It Receives?

We respect your privacy and will not provide your account contact or payment information to any third party vendor, associate or service provider unless the completion and fulfillment of your order requires that we do so.

How Secure Is Information About Me? 

We work to protect the security of your information by using Secure Sockets Layer (SSL) software, which encrypts all information you provide while purchasing our products. If using a shared computer, be sure to log off before leaving the computer. This protects against unauthorized access to your account.

Which Information Can I Access?

Mulch Express USA allows you to access, view, and where appropriate, update your account information.

Conditions of Use, Notices, and Revisions 

If you choose to visit Mulch Express USA, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the laws of the state of New Jersey and New York. If you have any concern about the privacy of your personal information as used and collected by our website, please send us a thorough description by clicking on the "Contact Us" link on the side menu. 

Though we maintain the right to alter our Privacy Notice and Conditions of Use, we also maintain the utmost respect for your privacy. 

Information You Give Us

You provide most such information when you search, buy, order, post reviews, or otherwise communicate via our website.

Automatic Information

For security purposes Mulch Express USA sometimes collects and analyzes the Internet protocol (IP) address used to connect your computer to the Internet, and to our website. This is done for your protection.

Questions

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu. Or you can email us at: info@mulchxpressusa.com

Delivery Policies

Welcome to our online store! Mulch Express USA provides its services to you subject to the following conditions. Your agreement to these conditions warrants that you are authorized to accept delivery and the terms of this waiver on behalf of the customer. Please read them carefully.

ACCEPTANCE OF DELIVERY AND DAMAGE WAIVER

This waiver applies if delivery is made beyond the street curb. Customer agrees to accept full responsibility and assumes all risk for any and all damage caused to the driveway, sidewalk, house, garage, buildings, vehicles, lawn, shrubs, utility wires, or any other items or property, real or personal located at the delivery site. Customer agrees to indemnify, defend and hold Mulch Express USA., harmless from and against any and all damage, loss, cost or expense relating to or arising from all such deliveries. Customer further agrees that Mulch Express USA. shall not under any circumstances be responsible for any direct/indirect, special or consequential damages.

Conditions of use:

Welcome to our online store! Mulch Express USA provides its services to you subject to the following conditions. Your agreement to these conditions warrants that you are authorized to accept delivery and the terms of this waiver on behalf of the customer. Please read them carefully.

ACCEPTANCE OF DELIVERY AND DAMAGE WAIVER

This waiver applies if delivery is made beyond the street curb. Customer agrees to accept full responsibility and assumes all risk for any and all damage caused to the driveway, sidewalk, house, garage, buildings, vehicles, lawn, shrubs, utility wires, or any other items or property, real or personal located at the delivery site. Customer agrees to indemnify, defend and hold Mulch Express USA , harmless from and against any and all damage, loss, cost or expense relating to or arising from all such deliveries. Customer further agrees that Mulch Express USA, shall not under any circumstances be responsible for any direct/indirect, special or consequential damages.

PRIVACY 

Please review our Privacy Notice, which also governs your visit to our website. 

ELECTRONIC COMMUNICATIONS

When you visit Mulch Express USA or send us e-mail, you are communicating with us electronically. You consent to receive communications from us electronically in return. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

COPYRIGHT 

All content included on this site, such as text, graphics, logos, button icons, and images is the property of Mulch Express USA or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Mulch Express USA

TRADEMARKS 

Mulch Express USA trademarks and trade dress may not be used in connection with any product or service that is not Mulch Express USA, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mulch Express USA. All other trademarks not owned by Mulch Express USA or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, con 

LICENSE AND SITE ACCESS 

Mulch Express USA grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mulch Express USA. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose without express written consent of Mulch Express USA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mulch Express USA and our associates without express written consent. You may not use any meta tags or any other text: utilizing Mulch Express USA name or trademarks without the express written consent of Madden Brothers. Any unauthorized use terminates the permission or license granted by Mulch Express USA. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Mulch Express USA so long as the link does not portray Mulch Express USA, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mulch Express USA logo or other proprietary graphic or trademark as part of the link without express written permission. 

YOUR MEMBERSHIP ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Mulch Express USA and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion. 

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content so long as that content is not illegal, obscene, threatening, defamatory, an invasion of privacy, an infringement of intellectual property rights, or otherwise injurious or objectionable and does not consist of or contain software viruses, political or commercial solicitation, chain letters, mass mailings, or any form of. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Mulch Express USA reserves the right (but not the obligation) to remove or edit such content.

If you do post content, you grant Mulch Express USA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Mulch Express USA or its associates for all claims resulting from content you supply. Mulch Express USA has the right but not the obligation to monitor and edit or remove any activity or content. Mulch Express USA takes no responsibility and assumes no liability for any content posted by you or any third party. 

PRODUCT DESCRIPTIONS 

Mulch Express USA and its associates attempt to be as accurate as possible. However, Mulch Express USA does not warrant that product descriptions or other site content is complete, current, or error-free. If a product offered by Mulch Express USA is not as described, please call us immediately to remedy the situation. 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY 

THIS SITE IS PROVIDED BY Mulch Express USA ON AN "AS IS AND AVAILABLE" BASIS. Mulch Express USA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Mulch Express USA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Mulch Express USA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Mulch Express USA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Mulch Express USA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL 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 MIGHT HAVE ADDITIONAL RIGHTS. 

APPLICABLE LAW 

By visiting Mulch Express USA, you agree that the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Mulch Express USA or its associates. 

DISPUTES

Any dispute related to your visit to Mulch Express USA or to products you purchase through Mulch Express USA shall be submitted to confidential arbitration in New Jersey, except that, to the extent you have in any manner violated or threatened to violate Mulch Express USA intellectual property rights, Mulch Express USA may seek injunctive or other appropriate relief in any state or federal court in the state of New Jersey, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Delivery Policies, posted on this site. These policies also govern your visit to Mulch Express USA. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

QUESTIONS:

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu. Or you can email us at:info@mulchxpressusa.com

Dumpster Weight Deposit and 
Pick Up Instructions

THE CUSTOMER UNDERSTANDS THAT THERE MAY WILL BE ADDITIONAL CHARGES FOR ANY EXCESS WEIGHT AT THE RATE PROVIDED FOR ON A PER TON BASIS, AND Mulch Express USA WILL APPLY ANY DEPOSIT TOWARDS COST FOR THE WEIGHT OF THE CONTAINER AND ANY ADDITIONAL COST WILL BE CHARGED TO THE CUSTOMER'S CREDIT CARD AND/OR BILLED TO CUSTOMER AS A SEPERATE CHARGE. THE CUSTOMER WILL BE CHARGED AN ADDITIONAL 3 TON WEIGHT DEPOSIT PRIOR TO THE DUMPSTER BEING DELIVERED. THIS DEPOSIT IS AN ADDITIONAL CHARGE THAT WILL BE ADJUSTED BY Mulch Express USA ONCE WE RECEIVE THE FINAL WEIGHT OF THE DUMPSTER USED BY THE CUSTOMER.

CUSTOMER IS RESPONSIBLE FOR CONTACTING Mulch Express USA WHEN THEY ARE READY FOR CONTAINER TO BE REMOVED.

If the dumpster is undeliverable because of safety, liability, space restrictions, driveway area is blocked or no one is present at the time of delivery, empty trip, or for any other reason, then the customer will be charged a non-refundable delivery fee of $150.00. If Mulch Express USA or its affiliates are unable to deliver the dumpster due to either weather or traffic conditions or for any other reason, then the customer will receive a full refund of the dumpster fee charged, if any, without any other liability on the part of Mulch Express USA or its affiliates. Roll-Offs Direct or its affiliates has the authority to make the final decision on whether or not the dumpster will be delivered. The customer agrees that Roll-Offs Direct and it's affiliates have a 48 hour window (Monday-Friday) to deliver the container from the actual date on the contract. If the customer cancels for any reason during that period they will be charged a fee of $100.00. The rental period for all dumpsters is 7 days (Customer shall provide 24 hour notice to schedule the pick-up of the dumpster in advance to avoid any additional daily rental fees), and any additional rental day shall be charged at $9 per day. Mulch Express USA is not responsible for loss, expense, cost or potential earnings or profit due to the dumpster not being delivered or picked-up on the requested date(s). Additionally, Mulch Express USA or its affiliates is not responsible or liable in any way for any damage caused to the driveway, roadway, any other party of the property at the drop-off location during the delivery, placing or removal of the dumpster at the agreed-upon drop-off location. Customer is not permitted to move the dumpster unless approved by Mulch Express USA in writing prior to any replacement of dumpster, and Customer may not use the dumpster for any purpose than as agreed to and provided for in the agreement. Mulch Express USA will charge a processing fee of $100.00 fee to the customer, If customer cancels for any reason. Please note that any cancellation by Customer must be made before 12:01 p.m. on the day preceding the delivery date, and Customer agrees to pay a $75.00 processing fee for the cancellation. If the customer attempts to cancel any time after 12:01 p.m. on the day preceding the delivery date, then the Customer will be charged either the agreed-upon price for the dumpster or $150.00 non-delivery fee at the sole discretion of Mulch Express USA. Customer shall not place any of the following items in the dumpster unless agreed to by Roll-Offs Direct in writing: (1) dirt, rock or concrete (which require a special dumpster for such material), (2) hazardous or harmful material, including but not limited to, asbestos, refrigerators, air conditioners, which may have contained any Freon, liquid or gas substances, or any other type of appliances, television, computers, etc, , (4) tires, batteries, paint cans, (3) If any of the items not permitted to be placed in the roll-off container as provided for in the agreement, then the Customer will be charged an additional fee of $250.00 in additional to any charge incurred by Mulch Express USA to dispose of the same material. If the dumpster is filled above the water level, which is 8 inches from the top of the dumpster, than Customer will be charged an additional fee of $150.00 and Customer agrees to Roll-Offs Direct or it affiliates removing any overload material and leaving the excess material at the drop-off location.

Copyright © 2001-2007 Mulch Express USA. All Rights Reserved. Use of this Web site constitutes acceptance of the Mulch Express USA Terms and conditions and Privacy Policy.

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