Terms of Use

Revised: May 11, 2021

Welcome to Banyan Mobile Home Removal.org and our Terms of Use (these “Terms”).

These Terms are important and affect your legal rights. Please carefully read these terms of use. Note that Section 14 of these Terms contains a mandatory arbitration provision that requires each of us to use binding arbitration on an individual basis and limits the remedies available in the event of certain disputes. By agreeing to these terms, each of us is giving up our right to bring our disputes before a jury or as a member of class action.

By accessing or using the services provided by Banyan River Trust or our subsidiaries or other affiliates (collectively, “BanyanMobileHomeRemoval,” “we,” “us” or “our”) through our websites, blogs and/or mobile applications (collectively, the “Sites” and together with such services, the “Services”) you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use our Services in any way.

If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.

BanyanMobileHomeRemoval reserves the right to change or modify these Terms at any time in our sole discretion. If we make material changes to these Terms, we will provide notice of such changes, such as by sending you an email notification or providing notice through the Sites. By continuing to access or use the Services in any way after such notice has been provided, you confirm your acceptance of the revised Terms and all the terms incorporated therein by reference.

We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you are free to reject them, but in that case, you may not access or use the Services.

1. Privacy Policy.

Please refer to our Privacy Policy, available at https://www.BanyanMobileHomeRemoval.org/privacy-policy/ for information about how we collect, use and disclose information about you. If you are a California Resident, please see additional privacy disclosures at https://www.BanyanMobileHomeRemoval.org/ccpa-privacy-policy/.

2. Eligibility.

Services are not targeted toward or intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (d) do not have more than one BanyanMobileHomeRemoval account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

3. Registration, Account and Communication Preferences.

In order to access and use certain areas of the Sites or features of the Services, you will need to register at BanyanMobileHomeRemoval.org. By registering or creating an account, you agree to (a) provide accurate, current and complete information, (b) maintain and promptly update from time to time as necessary your information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account. By registering, you agree to accept and receive communications from BanyanMobileHomeRemoval or Third Party Providers, including via email, text message, calls, and push notifications to the cellular telephone number you provided to us. (For text messages, data rates may apply. Please consult with your wireless carrier for applicable text messaging fees.) You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by us or on our behalf and/or Third Party Providers including, but not limited to, responses to inquiries you have made or notices about your account (e.g., payment authorizations, password changes and other transactional information) and other information which we believe is relevant to relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. You may also opt out of receiving text messages from us by replying “STOP” from the mobile device receiving the messages.

4.Special Transactional Terms.

4.1. Credit Card, Payment and Billing Information.

If you provide a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for all charges or credits which are part of your commercial transaction with us (including any applicable taxes and other charges). You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your transaction, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all transactions. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your BanyanMobileHomeRemoval account, you can do so at any time by logging into your account and editing your payment information.

4.2. Substitutions.

All of our Services are subject to availability, and we reserve the right to reject all or part of any transaction, as well as discontinue offering certain Services without prior notice.

5. License to Access and Use Our Sites and Content.

Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein, including, without limitation, the BanyanMobileHomeRemoval logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of BanyanMobileHomeRemoval or our licensors or users, as applicable, and are protected by U.S. and international copyright laws. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Sites and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Sites or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us, and (f) use the Sites or Content other than for their intended purposes. Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of BanyanMobileHomeRemoval or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time. Notwithstanding anything to the contrary in these Terms, the Sites and Content may include software components provided by BanyanMobileHomeRemoval or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

6. Trademarks.

“BanyanMobileHomeRemoval,” the BanyanMobileHomeRemoval logo and any other BanyanMobileHomeRemoval Service or service names, logos or slogans that may appear on the Sites or Services are trademarks of BanyanMobileHomeRemoval and may not be copied, imitated or used, in whole or in part, without our prior written permission.

You may not use any metatags or other “hidden text” utilizing “BanyanMobileHomeRemoval” or any other name, trademark or Service or service name of BanyanMobileHomeRemoval without our prior written permission. In addition, the look and feel of the Sites and Services, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of BanyanMobileHomeRemoval and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Service names and company names or logos mentioned on the Sites or Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Services, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by BanyanMobileHomeRemoval.

7. Hyperlinks.

BanyanMobileHomeRemoval makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Sites or of websites linking to the Sites. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

8. Third Party Content.

We may display content, advertisements and promotions from third parties (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that BanyanMobileHomeRemoval is not responsible or liable in any manner for such interactions or Third Party Content.

9. User Conduct.

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and will not: Engage in any harassing, threatening, intimidating, predatory or stalking conduct; Use or attempt to use another user’s account without authorization from such user and BanyanMobileHomeRemoval; Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner; Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites; Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access; Develop any third party applications that interact with the Sites without our prior written consent; Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; Bypass or ignore instructions contained in the robots.txt file, that controls all automated access to the Sites; or Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

10. Feedback.

You are always free to submit questions, comments, suggestions, ideas, original or creative materials or other information about BanyanMobileHomeRemoval, the Sites or the Services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of BanyanMobileHomeRemoval. BanyanMobileHomeRemoval shall be free to use (and allow others to use) such Feedback, including, without limitation, all intellectual property rights in and to such Feedback, and shall be entitled to the unrestricted dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

11. Indemnification.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless BanyanMobileHomeRemoval, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “BanyanMobileHomeRemoval Parties”), from and against all actual or alleged BanyanMobileHomeRemoval Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Services, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Sites or Services provided to you and (f) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms. You agree to promptly notify BanyanMobileHomeRemoval of any third-party Claims and cooperate with the BanyanMobileHomeRemoval Parties in defending such Claims. You further agree that the BanyanMobileHomeRemoval Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and BanyanMobileHomeRemoval.

12. Disclaimers.

YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE SUITABILITY OF ALL SERVICES FOR YOUR OWN SITUATION, INCLUDING YOUR OWN FINANCIAL SITUATION. WE ATTEMPT TO DESCRIBE OUR SERVICES AS ACCURATELY AS POSSIBLE. HOWEVER, OUR SITES, THEIR CONTENTS, AND ALL INFORMATION, SERVICES AND SERVICES MADE AVAILABLE THROUGH OUR SITES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW.

BanyanMobileHomeRemoval, ITS SUBSIDIARIES, AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO OUR SITES, THEIR CONTENTS, AND THE INFORMATION, SERVICES AND SERVICES MADE AVAILABLE THROUGH THESE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BanyanMobileHomeRemoval, ITS SUBSIDIARIES, AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THESE SITES; (D) THAT THE INFORMATION ON THESE SITES AND FINANCIAL INFORMATION, IS ACCURATE, COMPLETE OR CURRENT; OR (E) THAT THESE SITES WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

• • IN THE EVENT OF AN ERROR IN THE SERVICES, INCLUDING IN AN ORDER OR TRANSACTION CONFIRMATION, OR IN PROCESSING, FULFILLING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER. YOU FURTHER AGREE THAT THE SERVICES AND OTHER MATERIALS YOU RECEIVE FROM US MAY VARY FROM THE SERVICES AND MATERIALS DISPLAYED ON OUR WEBSITES AND/OR MOBILE APPLICATIONS DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, DIFFERENCES IN HOW YOUR COMPUTER OR MOBILE DEVICE DISPLAYS TEXT AND/OR IMAGES, AS WELL AS THE NATURAL VARIABILITY OF SERVICES.

• • THE SITES MAY CONTAIN INFORMATION ABOUT SERVICES THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

• • We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Services at any time without notice and without obligation or liability to you. Reference to any Services, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

• • Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.

13. Limitation of Liability; Release.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BanyanMobileHomeRemoval OR ANY OF THE OTHER BanyanMobileHomeRemoval PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY SERVICED OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM BanyanMobileHomeRemoval, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BanyanMobileHomeRemoval’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF BanyanMobileHomeRemoval AND THE OTHER BanyanMobileHomeRemoval PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT OR USE OF SERVICES FROM THE BanyanMobileHomeRemoval MARKET EXCEED THE AMOUNT PAID FOR SUCH SERVICES. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE BanyanMobileHomeRemoval AND THE OTHER BanyanMobileHomeRemoval PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer Services, so this limitation may not apply to personal injury claims.

14. Dispute Resolution; Arbitration.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES EACH OF US TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF UNDER THESE TERMS. IN PARTICULAR, WE EACH AGREE TO GIVE UP OUR RIGHT TO BRING CERTAIN DISPUTES BEFORE A JURY OR RESOLVE CERTAIN CLAIMS IN COURT OR AS A MEMBER OF A CLASS PROCEEDING.

14.1. Binding Arbitration.

For any dispute arising out of or related to these Terms or the Sites, Content, or Services, except for any disputes, claims, suits, actions, causes of action, demands or proceedings arising out of or related to a violation of Section 10 or disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents (each, a “Dispute”), to the extent permitted by applicable law, you and BanyanMobileHomeRemoval agree (a) to waive your and BanyanMobileHomeRemoval’s respective rights to have any and all Disputes resolved in a court, and (b) to waive your and BanyanMobileHomeRemoval’s respective rights to a jury trial. Instead, you and BanyanMobileHomeRemoval agree to arbitrate Disputes through binding arbitration. Arbitration is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court.

14.2. No Class Arbitrations, Class Actions or Representative Actions.

To the extent permitted by applicable law, you and BanyanMobileHomeRemoval agree that any Dispute is personal to you and BanyanMobileHomeRemoval and that any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. To the extent permitted by applicable law, you and BanyanMobileHomeRemoval agree that there will be no class arbitration or arbitration in which an individual attempt to resolve a Dispute as a representative of another individual or group of individuals.

14.3. Federal Arbitration Act.

You and BanyanMobileHomeRemoval agree that these Terms affect interstate commerce and that the enforceability of this Section 14 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

14.4. Notice; Informal Dispute Resolution.

You and BanyanMobileHomeRemoval agree that each party will notify the other party in writing of any Dispute or any small claims dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute or small claims dispute informally. Notice to BanyanMobileHomeRemoval shall be sent by certified mail or courier to BanyanMobileHomeRemoval, Attn: Legal Notices, PO Box 41, Austin, Tx 78704 Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your BanyanMobileHomeRemoval account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute or small claims dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent to the address we have on file for you, and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute or small claims dispute, (y) a description in reasonable detail of the nature or basis of the Dispute or small claims dispute, and (z) the specific relief that we are seeking. If you and BanyanMobileHomeRemoval cannot agree how to resolve the Dispute or small claims dispute within thirty (30) days after the date notice is received by the applicable party, then either you or BanyanMobileHomeRemoval may, as appropriate and in accordance with this Section 14, commence an arbitration proceeding or, to the extent specifically provided for in Section 14.1, file a claim in court.

14.5. Process.

You and BanyanMobileHomeRemoval agree that any Dispute or small claims dispute must be commenced or filed by you or BanyanMobileHomeRemoval within one (1) year of the date the Dispute or small claims dispute arose, otherwise the underlying claim is permanently barred (which means that you and BanyanMobileHomeRemoval will no longer have the right to assert such claim regarding the Dispute or small claims dispute). You and BanyanMobileHomeRemoval agree that (a) the arbitration will be conducted in the county where you reside, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are explained in more detail in Section 14.7 below and hereby incorporated by reference, and (c) that the state or federal courts of the State of Texas and the United States, respectively, sitting in the State of Texas , County of Travis, City of Austin, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a small claims dispute in the small claims court located in the county of your residence (account) address if the small claims dispute meets the requirements to be heard in that small claims court.

14.6. Authority of Arbitrator.

As limited by the FAA, these Terms and the JAMS rules referenced in Sections 14.5 and 14.7, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of the scope of this arbitration agreement and whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

14.7. Rules of JAMS.

The arbitration will be administered by JAMS in accordance with the JAMS Comprehensive Arbitration Rules (the “JAMS Rules”) then in effect, except as modified by this “Dispute Resolution” section. The JAMS Rules are available at https://www.jamsadr.com/rules-comprehensive-arbitration/#Rule-16-1. The Federal Arbitration Act will govern the interpretation and enforcement of this Section. To the extent there are any conflicts between the JAMS Rules and these Terms, the Terms will control.d

14.8. Severability.

If any term, clause or provision of this Section 14 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 14 will remain valid and enforceable. Further, the waivers set forth in Section 14.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

14.9. Opt-Out Right.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 14 by writing to: BanyanMobileHomeRemoval, Attn Trustee. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 15.

15. Governing Law and Venue.

These Terms, your access to and use of the Sites, and your order, receipt and use of the Services shall be governed by and construed and enforced in accordance with the laws of the State of Texas, without regard to conflict-of-law rules or principles (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court pursuant to Section 14 shall be resolved in the state or federal courts of the State of Texas and the United States, respectively, sitting in the State of Texas, County of Travis, City of Austin.

16. Termination.

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to order, receive and use the Services, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

17. Severability.

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

18. Survival.

The following sections will survive the expiration or termination of these Terms and the termination of your BanyanMobileHomeRemoval account: all defined terms and Sections 1; 4 -15; and 17-19.

19. Miscellaneous.

These Terms constitute the entire agreement between you and BanyanMobileHomeRemoval relating to your access to and use of the Sites and your order, receipt and use of Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of BanyanMobileHomeRemoval. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and BanyanMobileHomeRemoval’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Last Updated: 2/10/2021

BanyanMobileHomeRemoval is committed to making its website usable by all people, including those with disabilities by meeting or exceeding the requirements of the Web Content Accessibility Guidelines 2.1 Level A/AA (WCAG 2.1 A/AA). We strive in making our site an equal experience for everyone.

We continue to monitor our site and make sure that all content provided is accessible to all visitors. In order to help us in this process, we have engaged The Bureau of Internet Accessibility (BoIA.org), an accessibility consulting company, to conduct a full accessibility audit consisting of both automated and manual testing of our website using BoIA’s A11Y® platform which provides us with specific recommendations that will assist us in ensuring that our Web presence is in conformance with the WCAG 2.1 A/AA.

Disclaimer

It is important to note that efforts to the website are ongoing as we work to implement the relevant improvements to meet WCAG 2.1 A/AA guidelines over time.

Live 24/7 Accessibility Support

If you are having any issues relating to assistive technology, including screen readers, keyboard access, or other issues relating to the accessibility of our website, we want to help you achieve what you came to do. A live agent is standing by, ready to take your toll-free call and help resolve your issue together. Call (855) 408-8654 to talk now.

If you prefer to provide feedback by email, please write to support@BanyanMobileHomeRemoval.org and be sure to specify the web page so we can look into making that page accessible for you. We greatly value your questions and comments.

Third Party Applications

While you are visiting our site, you will notice that we make use of third-party sites such as, YouTube, Facebook, Instagram, Twitter, and Pinterest to provide information about BanyanMobileHomeRemoval. Though individuals may have challenges with access to these particular sites, BanyanMobileHomeRemoval does not control or remedy the way content is portrayed.