Terms & Conditions

Terms and Conditions. United States.

READ THE FOLLOWING TERMS CAREFULLY. THE CONTAINER AND OUR SERVICES (THE "SERVICES") ARE PROVIDED TO YOU SUBJECT TO THESE TERMS. USE OF THE CONTAINER OR ANY BAGSTER^® SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS. These terms and conditions ("Terms") govern the relationship between you, WM Bagco, LLC or any affiliate thereof collectively referred to herein as BAGSTER^® ("BAGSTER") and any distributor from whom you may have purchased the BAGSTER® bag (the "Container") from ("Distributor"). You must read and agree to the following Terms. If you do not accept these Terms, our services may not be used by you. BAGSTER offers the Container for the removal and disposal of certain types of household debris (the "Debris"). See BAGSTER Filling guidelines on the BAGSTER “Web Site” (www.thebagster.com) under “Products and Services”.

NOTICE ABOUT DISPUTE RESOLUTION — These Terms & Conditions contain provisions on jury trial waiver and binding arbitration of disputes on an individual which will be binding on Customer unless Customer opts out as described below. Unless Customer opts-out of arbitration: (a) Customer will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) Customer will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

RETURN POLICY — ALL SALES ARE FINAL. No refunds, no returns, no exchanges.

USE OF CONTAINER — You are responsible for compliance with all state, Federal and local laws, rules and regulations, and for properly using, and loading the Container in accordance with the instructions on the product package, on the Container itself, and those set forth on the BAGSTER Web Site from time to time. The Container is to be filled and stored while on the ground. You may only use the Container for items permitted in the Instructions on the BAGSTER bag and the Filling guidelines on the BAGSTER Web Site. You are responsible for the contents of the Container (including hazardous waste). You may only use the Container as permitted in the instructions included with the Container. Collection and disposal fees are not included in the purchase price of the Container. You are responsible for all collection and disposal fees. Except as expressly set forth in these Terms, BAGSTER has no other obligation, express or implied, to provide additional services or products to you or your customers, including but not limited to loading, collecting or disposal relating to the Container. In the event that you do not follow these Terms or any other instructions provided by BAGSTER, BAGSTER reserves the right to reject and not collect the Container.

REVIEWS AND Q&A — Comments posted should relate to the subjects covered on this Web Site. All comments will be reviewed, and any that are off-topic, inappropriate, or offensive will be removed. Comments posted to this Web Site do not represent the opinions of WM.

DISCLAIMER OF WARRANTY — THE CONTAINER IS PROVIDED "AS IS, WHERE IS" AND BAGSTER AND ITS SUPPLIERS AND SHIPPERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BAGSTER AND ITS SUPPLIERS, OFFICERS, AGENTS, AFFILIATES, SHIPPERS, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO THESE TERMS OR THE CONTAINER OR SERVICES RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR COMPENSATORY, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE CONTAINER AND SERVICES RENDERED. IN NO EVENT SHALL BAGSTER BE RESPONSIBLE FOR YOUR INABILITY TO PROCURE COLLECTION OR DISPOSAL OF THE CONTAINER.

INDEMNITY/RELEASE — You will indemnify, defend (at BAGSTER'S option), and hold harmless, BAGSTER and its parent, subsidiaries, affiliates, and directors, shareholders, agents, carriers, shippers, couriers, and employees thereof (each of them "Indemnitees"), from and against any fine, penalty, loss, cost, damage, injury, claim, expense, including reasonable attorneys' fees, or liability (individually and collectively "Liabilities"), including, but not limited to, Liabilities associated with or arising out of material in the Container, improper packaging of the Container, environmental matters, shipment of unauthorized materials, failure to follow BAGSTER'S instructions included with the Container or on the Web Site, or a breach of any warranty, representation or covenant by You even if negligence of BAGSTER is alleged to have caused or contributed to the Liabilities. Use of the Container is at your sole risk and you agree to release, waive and discharge the Indemnitees from any Liabilities. This Section will survive any termination of the parties' relationship.

ENTIRE AGREEMENT, CONSTRUCTION — The Terms constitute the entire agreement between you and BAGSTER with respect to the purchase and use of any Container or services superseding all prior communications, agreements or correspondence between us or our representatives; provided, however, obligations which apply to your use of the Container set forth on or in the Container, the package in which the Container is sold or on the Web Site from time to time, such as shipping instructions and any updated Terms, are hereby incorporated herein. It is your obligation to check and be aware of such obligations when receiving, using, and disposing of the Container. No provision of the Terms shall be added or deemed waived, amended, or modified by you. The heading or subheadings of paragraphs contained in these Terms are used for convenience and ease of reference and will not limit the scope or intent of the clause. The laws applicable to these Terms will be the laws of the State of Texas without regard to its conflict of laws. Each provision of these Terms will be interpreted so as to be valid under applicable law. If any provision of these Terms is found invalid, to the extent possible, it will be amended in such a manner that the invalid provision will be made valid under applicable law without invalidating the remainder of that provision or any other provisions of these Terms.

CANCELLATION POLICY FOR COLLECTION SERVICE — If you need to cancel your scheduled collection, we require notification within one (1) business day of your scheduled collection. To cancel collection, please call BAGSTER at 1.877.789.BAGS (2247).

LEGAL DISPUTES; ARBITRATION AGREEMENT AND JURY TRIAL WAIVER — (“Arbitration Provision”); RIGHT TO OPT OUT. Please Read This Section Carefully - It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court.

A. WM’s Commitment to Resolve Disputes. We are available by email at [email protected] or go to wm.com/us/en/support to find the appropriate customer service for your area to help address any concerns Customer may have regarding the Services. Most concerns may be quickly resolved in this manner.

B. Pre-Arbitration Notice Procedure. Prior to bringing a lawsuit or initiating an arbitration that asserts a claim arising out of or related to the Services (as further defined below, “Claim”), the party asserting the Claim (“Claimant”) shall give the other party (“Respondent”) written notice of the Claim (“Claim Notice”) and a reasonable opportunity, not less than 30 days, to resolve the Claim through good faith efforts of both parties. Any Claim Notice to Customer shall be sent to the address we have in our records (or any updated address Customer subsequently provides to us). Any Claim Notice to us shall be sent to [email protected]. Any Claim Notice Customer sends must provide Customer’s name, address and Account number and explain the nature of the Claim and relief demanded. Customer may only submit a Claim Notice on Customer’s own behalf and not on behalf of any other party. No third party, other than a lawyer Customer has personally retained, may submit a Claim Notice on Customer’s behalf. The Claimant must reasonably cooperate in providing any information about the Claim that the Respondent reasonably requests. Any statute of limitations applicable to the Claim described in the Claim Notice shall be tolled during the period between the date that the Claim Notice is sent and the later of:

60 days after receipt of the Claim Notice, or
30 days after either Claimant or Respondent informs the other that good faith efforts to resolve the Claim informally have ceased.

A lawsuit or arbitration proceeding may not be commenced unless the Claimant has complied with the procedure in this paragraph. A court will have authority to enforce this notice procedure, including the power to enjoin the filing or prosecution of arbitrations without first complying with said provision. Unless prohibited by applicable law, the arbitration Administrator is without authority to accept or administer any arbitration proceeding unless the Claimant has complied with this notice procedure.

C. Jury Trial Waiver. To the extent permitted by law, Customer and WM waive any right to trial by jury in the event of a lawsuit involving any Claim (defined below) asserted against each other, including but not limited to those arising out of or related to the Services. This jury trial waiver shall not affect the Arbitration Provision below (including the jury trial waiver contained therein). Customer and WM each represent that this waiver is given knowingly, willingly and voluntarily.

D. Parties. Solely as used in this Arbitration Provision, the terms “we,” “us” and “our” mean:

WM and its successors and/or assigns, as well as any parent, subsidiary, affiliate of theirs and their employees, officers and directors (the “WM Parties”); and,
any other person or company that provides any services in connection with the Services if Customer asserts a Claim against such other person or company at the same time Customer asserts a Claim against any WM Party.

E. Agreement to Binding Arbitration. Review this provision carefully. If Customer does not reject it in accordance with Section (I), below, it will be part of Customer’s agreement with WM and will have a substantial impact on the way Customer and WM resolve any Claim we have against each other, now or in the future.

If the parties do not reach an agreed upon resolution pursuant to the process outlined in Section (B), above, all the parties agree that any and all claims will be resolved via binding arbitration, as set forth herein. “Claim” means any claim, dispute or controversy between Customer and the WM Parties, including but not limited to, those that in any way arise from or relate to these Terms and Conditions (including their formation, performance and breach), the parties' relationship with each other, marketing efforts related to the Services, communications from WM, WM's provision of the Services or any alleged failure to provide Services, the charges or other amounts assessed by WM including but not limited to for the provision of Services, prior agreements between Customer and WM, and/or WM’s handling or dissemination of personally identifying information or any other consumer data or information. “Claim” includes disputes arising from actions or omissions prior to the date Customer agreed to these Terms and Conditions, including the advertising and marketing related to, application for or initiation of the Services. "Claim" has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It includes disputes based on contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for individual injunctive or declaratory relief). "Claim" includes disputes about the validity, enforceability, coverage or scope of this Arbitration Provision; however, any dispute regarding the class action waiver or class arbitration waiver contained in Section (H) are for a court and not an arbitrator to decide. Any dispute or argument that concerns the validity or enforceability of the Terms and Conditions as a whole is for the arbitrator, not a court, to decide.

If Customer or WM elect to arbitrate a Claim, Customer will not have the right to pursue that Claim in court or have a jury decide the Claim. Also, your ability to obtain information from us is more limited in arbitration than in a lawsuit. Other rights that Customer would have if Customer went to court may also not be available in arbitration.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

The arbitrator may also allocate compensation, expenses and administrative fees (which include filing and hearing fees) to any party upon the arbitrator’s determination that the party’s claim or counterclaim was filed for purposes of harassment or is patently frivolous.

Judgment upon the arbitrator’s award may be entered by any court having jurisdiction. The arbitrator’s decision is final and binding, except for any right of appeal provided by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA") and/or the rules of the Administrator. Any finding, award or judgment from an arbitration of any Claim shall apply only to that arbitration. No finding, award or judgment from any other arbitration shall impact the arbitration of any claim.

F. Starting an Arbitration. Arbitration may be elected by any party with respect to any Claim, even if that party has already initiated a lawsuit with respect to a different Claim. Arbitration is started by giving a written demand for arbitration to the other party and filing the arbitration demand with the Administrator, pursuant to the Administrator’s procedures. Customer and WM will not choose to arbitrate any individual Claim against each other brought in small claims court or Consumer’s or WM’s state’s equivalent court. This means Consumer and WM may bring an action in small claims court without being subject to arbitration. However, if a Claim is transferred, removed or appealed from small claims court to a different court, or if any Claim brought in small claims court exceeds the small claims court limit or attempts to change an individual Claim into a class or other representative Claim, Customer or WM will then have the right to demand arbitration.

G. Administrator. "Administrator" means the American Arbitration Association ("AAA"), 120 Broadway, 21st Floor, New York, NY 10271. The AAA’s rules governing the arbitration will be either the Consumer Arbitration Rules or Commercial Arbitration Rules, both available at www.adr.org. Which set of rules applies depends upon whether customer is a consumer or commercial entity. The arbitrator will be appointed by the Administrator in accordance with the rules of the Administrator. However, the arbitrator must be a retired or former judge or a lawyer with at least 10 years of experience. If the AAA refuses to administer the arbitration and the parties are unable to select a substitute administrator, the Administrator will be selected by a court with jurisdiction pursuant to Section 5 of the FAA. Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration may be administered by any Administrator (including the AAA) that has in place a formal or informal policy that is inconsistent with the Class Action Waiver, without the consent of all parties to the arbitration.

Each party will have the right to use legal counsel in connection with arbitration at its own expense. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms and Conditions shall be subject to the FAA.

In an arbitration initiated by a consumer (non-commercial entity), to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), WM will pay the additional cost. If WM is required to pay the additional cost of the filing fees, Consumer should submit a request for payment of fees to the AAA along with Consumer's form for initiating the arbitration, and WM will make arrangements to pay all necessary fees directly to the AAA. WM will also be responsible for paying all other arbitration costs arising in connection with the consumer arbitration. The consumer will not be required to pay fees and costs incurred by WM if the consumer does not prevail in arbitration.

H. Class Action and Class Arbitration Waiver. Customer and WM each further agree that:

any arbitration shall be conducted in their respective individual capacities only and not as a class action or other representative action;
each expressly waive their rights to file a class action or seek relief on a class basis;
neither Customer nor WM may act as a private attorney general in court or in arbitration;
absent the written consent of all parties, Claims brought by or against Customer may not be joined or consolidated with Claims brought by or against any other person; and,
the arbitrator shall have no power or authority to conduct a class-wide arbitration, private attorney general arbitration or other representative arbitration.

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section (E) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes

I. 30 Day Right to Opt Out. Customer has the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Arbitration Provision by sending written notice of Customer's decision to opt-out to the following email: [email protected]. The notice must be sent within thirty (30) days of ordering the Services, otherwise Customer will be bound to arbitrate disputes in accordance with the terms of those sections. The opt-out notice must include your name, address, phone number and Account number. If Customer opts out of these arbitration provisions, WM also will not be bound by them. Customer’s rejection of the arbitration and class action waiver provisions will not affect any other provision of the Terms and Conditions or Customer’s ability to obtain the Services.

J. Governing Law. This Arbitration Provision is governed by the FAA and not by any state arbitration law. The arbitrator must apply applicable substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege recognized at law. The arbitrator may award any remedy provided by the substantive law that would apply in an individual case if the action were pending in court (including, without limitation, punitive damages, which shall be governed by the Constitutional standards employed by the courts). The substantive law applicable to any Claim will be the law of the state where the Services are provided.

K. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section (E) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Houston, Texas (except for small claims court actions which may be brought in the county where Customer resides). The parties expressly consent to exclusive jurisdiction in Houston, Texas for any applicable litigation other than small claims court actions.

LEGAL NOTICE — The BAGSTER^® bag is provided by WM Bagco, LLC, a WM company. Collection services provided by a local operating subsidiary of WM, Inc. or a contracted third party licensed where required by law. Bagster, Dumpster in a Bag, BUY. FILL. GONE., and Take It On are marks of WM Bagco, LLC. WM of New York, LLC, NYC BIC #1146.

Terms and Conditions. Canada.

READ THE FOLLOWING TERMS CAREFULLY. THE CONTAINER AND OUR SERVICES ARE PROVIDED TO YOU SUBJECT TO THESE TERMS. USE OF THE CONTAINER OR ANY BAGSTER^® SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS. These terms and conditions ("Terms") govern the relationship between you, WM of Canada Corporation or any affiliate thereof collectively referred to herein as BAGSTER^® ("BAGSTER") and any distributor from whom you may have purchased the BAGSTER^® bag (the "Container") from ("Distributor"). You must read and agree to the following Terms. If you do not accept these Terms, our services may not be used by you, however, you may return the Container within five (5) business days (the "Return Period") from the day you received the Container. To exercise your return right, call BAGSTER at 1.877.789.2247 prior to the expiration of the Return Period for return instructions or return the Container to the place of purchase prior to the expiration of the Return Period. BAGSTER offers the Container for the removal and disposal of certain types of household debris (the "Debris"). See Bagster Filling Guidelines on the Web Site.

RETURN POLICY — ALL SALES ARE FINAL. No refunds, no returns, no exchanges.

USE OF CONTAINER — You are responsible for compliance with all provincial, Federal and local laws, rules and regulations, and for properly using, and loading the Container in accordance with the instructions on the product package, on the Container itself, and those set forth on the BAGSTER Web Site from time to time. The Container is to be filled and stored while on the ground. You may only use the Container for items permitted in the Instructions on the BAGSTER bag and the Filling guidelines on the BAGSTER Web Site. You are responsible for the contents of the Container (including hazardous waste). You may only use the Container as permitted in the instructions included with the Container. Collection and disposal fees are not included in the purchase price of the Container. You are responsible for all collection and disposal fees. Except as expressly set forth in these Terms, BAGSTER has no other obligation, express or implied, to provide additional services or products to you or your customers, including but not limited to loading, collecting or disposal relating to the Container. In the event that you do not follow these Terms or any other instructions provided by BAGSTER, BAGSTER reserves the right to reject and not collect the Container.

DIFFERENT OR ADDITIONAL TERMS — Acceptance of your offer to purchase the Container is expressly made conditional on assent to the Terms provided herein. Any additional or different terms or conditions contained in any document furnished by you, including but not limited to any acknowledgment, are deemed to be material and are hereby objected to and rejected by BAGSTER. If such agreement shall be deemed an offer or counter-offer by you, BAGSTER expressly rejects such offer or counter-offer and limits acceptance to the Terms contained herein and expressly objects to any different or additional terms proposed by you and any actual performance by you thereafter shall be deemed a renewal of the offer contained in these Terms and acceptance thereof by you. Your use of the Container will constitute acceptance of these Terms without change.

INDEMNITY/RELEASE — You will indemnify, defend (at BAGSTER'S option), and hold harmless, BAGSTER and its parent, subsidiaries, affiliates, and directors, shareholders, agents, carriers, shippers, couriers, and employees thereof (each of them "Indemnitees"), from and against any fine, penalty, loss, cost, damage, injury, claim, expense, including reasonable attorneys' fees, or liability (individually and collectively "Liabilities"), including, but not limited to, Liabilities associated with or arising out of material in the Container, improper packaging of the Container, environmental matters, shipment of unauthorized materials, failure to follow BAGSTER'S instructions included with the Container or on the Web Site, or a breach of any warranty, representation or covenant by You. Use of the Container is at your sole risk and you agree to release, waive and discharge the Indemnitees from any Liabilities. This Section will survive any termination of the parties' relationship.

ENTIRE AGREEMENT, CONSTRUCTION — The Terms constitute the entire agreement between you and BAGSTER with respect to the purchase and use of any Container or services superseding all prior communications, agreements or correspondence between us or our representatives; provided, however, obligations which apply to your use of the Container set forth on or in the Container, the package in which the Container is sold or on the Web Site from time to time, such as shipping instructions and any updated Terms, are hereby incorporated herein. It is your obligation to check and be aware of such obligations when receiving, using, and disposing of the Container. No provision of the Terms shall be added or deemed waived, amended, or modified by you. The heading or subheadings of paragraphs contained in these Terms are used for convenience and ease of reference and will not limit the scope or intent of the clause. The laws applicable to these Terms will be the laws of the province of Ontario without regard to its conflict of laws. Each provision of these Terms will be interpreted so as to be valid under applicable law. If any provision of these Terms is found invalid, to the extent possible, it will be amended in such a manner that the invalid provision will be made valid under applicable law without invalidating the remainder of that provision or any other provisions of these Terms.

LEGAL NOTICE — The BAGSTER^® bag is provided by WM of Canada Corporation. Collection services provided by WM of Canada Corporation and WM Quebec, Inc. or a contracted third party licensed where required by law. Bagster, Dumpster in a Bag, BUY. FILL. GONE., Take It On, and Conteneur En Sac are trademarks of WM Bagco, LLC.