Text Message Terms & Conditions

By requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting  to receive one or more text messages from Hometown Waste & Recycling Services Inc.(“Sender”, “we”,  “us”, “our”) through Sender’s messaging platform (“Platform”), you accept these Terms & Conditions  (“Opt-In”).  

Notice Regarding Dispute Resolution: This Agreement contains provisions that govern and limit  how claims you and the Sender have against each other are resolve. It also contains an agreement to  arbitrate, which will, with limited exception, require you to submit claims you have against us to  binding and final arbitration and (A) you will only be permitted to pursue claims against the  Sender on an individual basis, not as part of any class or representative action or proceeding and  (B) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief)  on an individual basis. 

Opting In  

• You authorize Sender to use auto dialer or non-auto dialer technology to send text messages to the  cell phone number associated with your Opt-In (i.e., the number listed on the Opt-In form or  instructions, or, if none, the number from which you send the Opt-In, or, if none, the number on  file for the account associated with your Opt-In). You also authorize Sender to include marketing  content in any such messages. You do not have to Opt-In or agree to Opt-In as a condition of  

purchase of any of Sender’s offerings. • You confirm that you are the subscriber to the relevant phone number or that you are the  customary user of that number on a family or business plan and that you are authorized to Opt-In. • You consent to the use of an electronic record to document your Opt-In. • You agree that, in addition to the main messages that Sender may provide, you may receive one  or more welcome messages or administrative messages, such as (in some cases) a request to  confirm your Opt-In.  

About the Text Message Services and Opting Out  

• Message and data rates may apply. You must have a wireless device of your own, capable of two way messaging, be using a participating wireless carrier, and be a wireless service subscriber with  text messaging service. Not all cellular phone providers carry the necessary service to participate.  

Check your phone capabilities for specific text messaging instructions. • Unless otherwise noted, Sender may send multiple, recurring messages and frequency may vary.  Sender may terminate any messaging services or your participation in it at any time with or  without notice, including, for example, before you have received any or all messages that you  otherwise would have received, but these Terms & Conditions still will apply. Your opt-out  request may generate either a confirmation text or a texted request to clarify the Text Message  Service to which it applies (if you have more than one). To complete your opt-out, please provide  

the requested clarification. • You consent to the handling of your information as described in our Privacy Policy  (hometownwastenj.com/privacy-policy). To contact Sender customer service, at 732-525-2555. • You may text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to opt-out of messages or for  additional help, text HELP. You also understand and agree that any other method of opting out,  including, but not limited to, texting words other than those set forth above or verbally requesting  one of our employees to remove you from our list, is not a reasonable means of opting out. You 

may receive an additional mobile message confirming your decision to opt out. These Terms &  Conditions still will apply if you withdraw the consent mentioned above. • To request a free paper or email copy of the Opt-In, or to update our records with your contact  information, or receive help with any messages, please contact us at 732-525-2555. Minimum  technology requirements may apply for electronic records.  

Dispute Resolution  

• Any dispute or claim arising out of or relating in any way to the Platform will be resolved by  binding arbitration, rather than in court, except that you may assert claims in small claims court if  your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms  

& Conditions. • BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE  WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES,  SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY  DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO  JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON  AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE  AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN  

THESE CONDITIONS OF USE AS A COURT WOULD. • To begin an arbitration proceeding, you must send a demand to the American Arbitration  Association describing your claim and serve a copy of the demand to Hometown Waste &  Recycling Services Inc.. The arbitration will be conducted by the American Arbitration  Association under its rules, including the American Arbitration Association Supplementary  Procedures for Consumer-Related Disputes. The American Arbitration Association rules and the  form for filing an arbitration claim are available at Hometown Waste & Recycling Services Inc..  Payment of all filing, administration and arbitrator fees will be governed by the American  Arbitration Association rules. We will reimburse those fees (but not any attorney’s fees) for claims  totaling less than $10,000 unless the arbitrator determines your claims are frivolous. Likewise,  Sender will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the  claims are frivolous. You may choose to have the arbitration conducted by telephone, based on  written submissions, or in person in the county where you live or at another mutually agreed upon  

location. • You and Sender each agree that any dispute resolution proceedings of any nature or in any forum  will be conducted only on an individual basis and not in a class, consolidated or representative  action. This means that you may not purport to act on behalf of a class or any other person.  Likewise, an arbitrator may not consolidate more than one person’s claims, and may not  

otherwise preside over any form of a representative or class proceeding. • If for any reason a claim proceeds in court rather than in arbitration, you and Sender each waive  any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be  decided by a judge, not a jury. • You and Sender also both agree that you or we may bring suit in court to seek to enjoin  infringement or other misuse of intellectual property rights. • If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction,  such invalidity, illegality, or unenforceability shall not affect any other term or provision of this  Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If  for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any  right to a jury trial. These dispute resolution provisions shall survive any cancellation or  termination of your agreement to engage with the Platform. • Sender’s third-party service providers are a third-party beneficiary of these Terms & Conditions,  including with respect to the dispute resolution procedures set forth above.  

Limitations; Restrictions; Miscellaneous  

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• THIS PLATFORM AND ALL CONTENT PROVIDED IN CONNECTION THEREWITH IS  PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY  KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR  IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE,  NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS  FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE  OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY OTHER  WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT  

PERMISSIBLE UNDER APPLICABLE LAW. • If at any time you intend to stop using the mobile telephone number that has been used to  subscribe to the Platform, including canceling your service plan or selling or transferring the  phone number to another party, you agree that you will opt-out of the Platform by using process  set forth above prior to ending your use of the mobile telephone number. You understand and  agree that your agreement to do so is a material part of these Terms & Conditions. You further  agree that, if you discontinue the use of your mobile telephone number without notifying us of  such change, you agree that you will be responsible for all costs (including attorneys’ fees) and  liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a  result of claims brought by individual(s) who are later assigned that mobile telephone number.  This duty and agreement shall survive any cancellation or termination of your agreement to  

engage with the Platform. • YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS  FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US  OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY  CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47  U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY  REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING  

TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDE • You may not use of engage with the Platform if you are under thirteen (13) years of age. If you  use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years  of age, you must have your parent’s or legal guardian’s permission to do so. By using or  engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen  (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal  guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction.  By using or engaging with the Platform, you also acknowledge and agree that you are permitted  by your jurisdiction’s applicable laws, rules, and regulations to use and/or engage with the  

Platform. • You acknowledge and agree to not send any prohibited content over the Platform. Prohibited  content includes: (a) any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or  stalking activity; (b) objectionable content, including profanity, obscenity, lasciviousness,  violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality,  disability, sexual orientation, or age; (c) pirated computer programs, viruses, worms, Trojan  horses, or other harmful code; (d) any product, service, or promotion that is unlawful where such  product, service, or promotion thereof is received; (e) any personal information or any content  that implicates and/or references protected personal information, including information that is  protected by the Health Insurance Portability and Accountability Act or the Health Information  Technology for Economic and Clinical Health Act; and (f) any other content that is prohibited by  

Applicable Law in the jurisdiction from which the message is sent. • You represent warrant and represent to Sender that you have all necessary rights, power, and  authority to agree to these Terms & Conditions and perform your obligations hereunder, and  nothing contained in this Agreement or in the performance of such obligations will place you in  breach of any other contract or obligation. The failure of either party to exercise in any respect  any right provided for herein will not be deemed a waiver of any further rights hereunder. If any  provision of these Terms & Conditions is found to be unenforceable or invalid, that provision will  be limited or eliminated to the minimum extent necessary so that these Terms & Conditions will  

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otherwise remain in full force and effect and enforceable. Any new features, changes, updates or  improvements of the Platform shall be subject to these Terms & Conditions unless explicitly  stated otherwise in writing. We reserve the right to change these Terms & Conditions from time to  time. Any updates to these Terms & Conditions shall be communicated to you. You acknowledge  your responsibility to review these Terms & Conditions from time to time and to be aware of any  such changes. By continuing to participate in the Platform after any such changes, you accept  these Terms & Conditions, as modified.