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Last updated: April 1, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE BLUE VALLEY JUNK PLATFORM, WEBSITE, MOBILE APPLICATION, OR ANY SERVICES PROVIDED THROUGH BLUEVALLEYJUNK.COM (COLLECTIVELY, THE "PLATFORM"), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE ("TERMS"). IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE PLATFORM.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW SECTIONS 14, 15, AND 16 CAREFULLY.
By accessing, browsing, or using the Platform in any manner, you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you have the legal capacity and authority to enter into a binding agreement; (c) you are not prohibited from using the Platform under any applicable law, regulation, or court order; (d) all information you provide to us is accurate, current, and complete; and (e) you will comply with all applicable local, state, federal, and international laws and regulations in connection with your use of the Platform. If you are using the Platform on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" in these Terms shall include both you individually and such entity. These Terms constitute a legally binding agreement between you and Blue Valley Junk, LLC ("Blue Valley Junk," "we," "us," or "our").
Blue Valley Junk operates a technology platform and online marketplace that connects customers seeking junk removal, hauling, and related services ("Customers") with independent service providers who offer such services ("Haulers"). Blue Valley Junk is NOT a junk removal company, hauling company, waste management company, or service provider of any kind. Blue Valley Junk does not perform, provide, offer, or guarantee any junk removal, hauling, transportation, disposal, recycling, cleaning, or related services. Blue Valley Junk does not own, operate, or control any vehicles, equipment, tools, or disposal facilities. The Platform serves solely as a technology intermediary to facilitate connections between Customers and Haulers. Blue Valley Junk does not employ, supervise, direct, control, or manage Haulers in any way. Any transaction, agreement, contract, or arrangement between a Customer and a Hauler is solely between those parties. Blue Valley Junk is not a party to, and has no obligation or liability arising from, any such transaction or arrangement. Blue Valley Junk does not endorse, recommend, certify, verify, or guarantee any Hauler, Customer, listing, bid, review, or transaction on the Platform.
HAULERS ARE INDEPENDENT CONTRACTORS AND ARE NOT EMPLOYEES, AGENTS, JOINT VENTURERS, PARTNERS, OR FRANCHISEES OF BLUE VALLEY JUNK. Nothing in these Terms, on the Platform, or in any interaction with Blue Valley Junk shall be construed to create an employment relationship, agency relationship, partnership, joint venture, franchise, or any other relationship between Blue Valley Junk and any Hauler. Blue Valley Junk exercises no control, direction, or supervision over Haulers, including but not limited to: (a) the manner, method, or means by which Haulers perform services; (b) the hours, schedules, or days on which Haulers choose to work; (c) the prices, rates, fees, or bids that Haulers set or submit; (d) the tools, equipment, vehicles, or materials Haulers use; (e) the geographic areas in which Haulers choose to operate; (f) whether Haulers accept or reject any particular job, bid, or Customer; (g) whether Haulers use subcontractors, employees, or helpers; (h) the disposal methods, facilities, or locations used by Haulers; or (i) the attire, branding, or presentation of Haulers.
Haulers are solely responsible for: (a) all federal, state, and local taxes, including self-employment taxes, income taxes, sales taxes, and any other applicable taxes; (b) obtaining and maintaining all required business licenses, permits, and registrations; (c) obtaining and maintaining all required insurance, including general liability insurance, commercial auto insurance, workers' compensation insurance (if applicable), and any other insurance required by law or prudent business practice; (d) compliance with all applicable laws, regulations, and ordinances, including environmental regulations, waste disposal regulations, transportation regulations, and occupational safety regulations; (e) their own business expenses, overhead, equipment, fuel, maintenance, and operational costs; and (f) any employees, subcontractors, or helpers they engage. Blue Valley Junk will issue IRS Form 1099-NEC (or successor form) to Haulers as required by law. Haulers acknowledge and agree that they will not receive a W-2 form from Blue Valley Junk and will not be entitled to any employee benefits, including but not limited to health insurance, retirement benefits, paid time off, unemployment insurance, or workers' compensation benefits from Blue Valley Junk.
To use certain features of the Platform, you must create an account. You agree to: (a) provide accurate, current, and complete information during the registration process and at all times thereafter; (b) maintain and promptly update your account information to keep it accurate, current, and complete; (c) maintain the security and confidentiality of your login credentials, including your password; (d) immediately notify Blue Valley Junk of any unauthorized use of your account or any other security breach; (e) accept full responsibility for all activities that occur under your account, whether or not authorized by you; and (f) not create more than one account, share your account credentials with any other person, or allow any other person to access or use your account. Blue Valley Junk reserves the right, in its sole and absolute discretion, to suspend, disable, terminate, or delete any account at any time, for any reason or no reason, with or without notice, including but not limited to accounts that appear to contain inaccurate, fraudulent, or misleading information, or accounts associated with violations of these Terms. You agree that Blue Valley Junk shall not be liable to you or any third party for any suspension, disabling, termination, or deletion of your account.
Account Suspension (Disable)
Blue Valley Junk may, in its sole and absolute discretion, suspend or disable any account at any time, for any reason or no reason, with or without notice. When an account is suspended or disabled: (a) the account holder's profile, including any Hauler profile, will be immediately hidden from all public listings, search results, maps, and other publicly accessible areas of the Platform; (b) the account holder will be unable to accept new jobs, submit bids, create new listings, or otherwise engage in transactional activity on the Platform for the duration of the suspension; (c) all existing account data, including profile information, transaction history, reviews, ratings, and communications, will be retained in full during the suspension period; (d) Blue Valley Junk may, but is not obligated to, provide the account holder with a reason for the suspension; and (e) the suspension may be lifted and the account reinstated by Blue Valley Junk at any time, in its sole discretion. A reason for suspension may or may not be provided at Blue Valley Junk's sole discretion, and Blue Valley Junk is under no obligation to disclose the basis for any suspension.
Account Deletion (Soft Delete with Grace Period)
When an account is deleted, whether at the request of the account holder or by Blue Valley Junk, the account will enter a thirty (30) day grace period before permanent deletion occurs. During this thirty (30) day grace period: (a) the account holder's profile will be completely hidden from all public-facing areas of the Platform, including listings, search results, maps, and any other publicly accessible features; (b) the account holder will be notified of the deletion and the scheduled date of permanent deletion via the email address associated with the account; (c) the account may be reinstated during the grace period by contacting Blue Valley Junk support at support@bluevalleyjunk.com or by administrative action initiated by Blue Valley Junk; and (d) the account holder will be unable to accept new jobs, submit bids, create new listings, or otherwise engage in transactional activity on the Platform. Upon expiration of the thirty (30) day grace period, the account and all associated personal data will be permanently deleted, subject to the following exceptions: (i) transaction records, payment history, and financial data will be retained for a minimum of seven (7) years as required by applicable tax and financial regulations; (ii) reviews and ratings submitted by the deleted account holder will be anonymized (with all personally identifiable information removed) but retained on the Platform; and (iii) any other data that Blue Valley Junk is required to retain under applicable law, regulation, court order, or legal hold will be retained for the legally required period. Blue Valley Junk reserves the right to permanently delete an account without a grace period in cases of fraud, illegal activity, or severe violations of these Terms.
As a Customer, you agree to and acknowledge the following: (a) you will provide accurate, complete, and truthful descriptions of the items to be removed, the scope of work, the location, access conditions, and any other relevant information in your job listings; (b) you will disclose any known hazardous materials, dangerous conditions, structural issues, environmental hazards, pest infestations, biological hazards, or other risks present at the job site; (c) you will provide safe, clear, and adequate access to the job site and the items to be removed; (d) you will be present at the scheduled time or provide alternative arrangements for access as agreed upon with the Hauler; (e) you will not direct, supervise, or control the manner or method by which the Hauler performs the work, as this may jeopardize the Hauler's independent contractor status; (f) you are solely responsible for identifying and segregating any items that should not be removed before the Hauler arrives; (g) you will promptly confirm job completion and release payment when the work has been satisfactorily completed; (h) you will not attempt to circumvent the Platform to avoid fees, commissions, or payment obligations; (i) you acknowledge that any agreement for services is between you and the Hauler, and Blue Valley Junk is not a party to any such agreement; and (j) you acknowledge that Blue Valley Junk does not guarantee the quality, safety, timeliness, legality, or completion of any services provided by Haulers.
As a Hauler, you agree to and acknowledge the following: (a) you will provide and maintain your own vehicle(s), equipment, tools, supplies, and materials necessary to perform services; (b) you will obtain and maintain at all times all required federal, state, and local business licenses, permits, registrations, and certifications, including but not limited to waste hauling permits, commercial driver's licenses, and environmental compliance certifications; (c) you will obtain and maintain at all times adequate insurance coverage, including general liability insurance with minimum coverage of $1,000,000 per occurrence, commercial auto insurance, and workers' compensation insurance if you have employees, and you will provide proof of insurance to Blue Valley Junk upon request; (d) you will comply with all applicable federal, state, and local laws, regulations, and ordinances, including but not limited to the Resource Conservation and Recovery Act (RCRA), Clean Air Act, Clean Water Act, Virginia Waste Management Act, and all local waste disposal ordinances; (e) you will properly and lawfully dispose of, recycle, or donate all items removed, in full compliance with all environmental and waste disposal regulations; (f) you will not illegally dump, abandon, or improperly dispose of any items, materials, or waste; (g) you will not handle, transport, or dispose of hazardous materials, asbestos, lead paint, medical waste, or other regulated substances unless you hold all required licenses, certifications, and permits for such handling; (h) you will honor all accepted bids and show up at scheduled times, or provide reasonable advance notice of cancellation; (i) you will maintain appropriate safety standards and practices at all times; (j) you are solely responsible for the safety of yourself, your employees, your subcontractors, and any third parties in connection with your performance of services; (k) you will carry your own workers' compensation coverage or equivalent insurance if required by law; and (l) you will not represent yourself as an employee, agent, or representative of Blue Valley Junk.
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT YOUR USE OF THE PLATFORM AND ANY TRANSACTIONS FACILITATED THROUGH THE PLATFORM ARE AT YOUR SOLE AND EXCLUSIVE RISK. BY USING THE PLATFORM, YOU VOLUNTARILY ASSUME ALL RISKS ARISING FROM OR RELATED TO: (a) any transaction, interaction, communication, or dealing with any other user of the Platform, whether Customer or Hauler; (b) property damage of any kind, including damage to real property, personal property, vehicles, landscaping, driveways, walkways, structures, fixtures, or improvements; (c) personal injury, bodily harm, illness, disease, or death to you, your family members, your employees, your guests, or any other person; (d) theft, loss, damage, or destruction of personal property, valuables, or items of sentimental value; (e) environmental contamination, pollution, or damage resulting from improper disposal, spills, leaks, or releases of materials; (f) disputes over the scope of work, pricing, quality of service, or completion of services; (g) exposure to hazardous materials, chemicals, biological hazards, mold, asbestos, lead, or other dangerous substances; (h) structural damage to buildings, foundations, walls, floors, ceilings, or other structures; (i) damage to underground utilities, irrigation systems, septic systems, or other subsurface infrastructure; (j) noise, dust, debris, or other disturbances arising from the performance of services; (k) any criminal activity, fraud, misrepresentation, or misconduct by any user of the Platform; and (l) any other risk or harm that may arise in connection with your use of the Platform or any transaction facilitated through the Platform. You agree that Blue Valley Junk shall not be liable for any of the foregoing risks or harms, regardless of whether Blue Valley Junk was aware of or should have been aware of such risks.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLUE VALLEY JUNK, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE "BLUE VALLEY JUNK PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY BLUE VALLEY JUNK PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (a) any indirect, incidental, special, consequential, punitive, or exemplary damages; (b) any loss of profits, revenue, business, savings, goodwill, data, or opportunity; (c) property damage of any kind, including damage to real property, personal property, vehicles, landscaping, structures, or improvements; (d) personal injury, bodily harm, emotional distress, illness, disease, or death; (e) environmental damage, contamination, pollution, cleanup costs, or remediation expenses; (f) the conduct, actions, omissions, negligence, or willful misconduct of any Hauler, Customer, or other user of the Platform; (g) the quality, safety, legality, timeliness, or completion of any services provided by any Hauler; (h) lost, stolen, damaged, or destroyed items or property; (i) illegal, improper, or unauthorized disposal of any items, materials, or waste; (j) handling of or exposure to hazardous materials, asbestos, lead, chemicals, or other dangerous substances; (k) structural damage to buildings, foundations, or other structures; (l) damage to vehicles, driveways, walkways, yards, or landscaping; (m) any viruses, malware, or other harmful components transmitted through the Platform; (n) any errors, inaccuracies, or omissions in any content, listing, review, or communication on the Platform; (o) any unauthorized access to or use of your account, personal information, or data; or (p) any other matter relating to the Platform, regardless of the form of action.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE BLUE VALLEY JUNK PARTIES TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PLATFORM OR THESE TERMS SHALL NOT EXCEED THE LESSER OF: (a) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO BLUE VALLEY JUNK DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF THE BLUE VALLEY JUNK PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
AGGREGATE LIABILITY CAP: Blue Valley Junk's total cumulative liability to any user for all claims arising from the Platform shall not exceed the lesser of (a) the total fees paid by the user to Blue Valley Junk in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100.00). This cap applies to all claims in the aggregate, not per incident, and encompasses all theories of liability including contract, tort, negligence, strict liability, and statutory claims.
STATUTE OF LIMITATIONS: All claims arising out of or relating to these Terms or the Platform must be brought within one (1) year of the event giving rise to the claim. Any claim not brought within this one-year period is permanently barred. You agree that this shortened limitations period is reasonable and that you waive any statute of limitations that would otherwise provide a longer period within which to bring a claim.
INSURANCE DISCLAIMER: Blue Valley Junk does not verify, guarantee, or provide insurance coverage for any user of the Platform. The "Insurance Verified" badge indicates self-reported coverage only and has not been independently verified by Blue Valley Junk. The Platform's dispute resolution process is limited to payment disputes only and does not extend to property damage claims, personal injury claims, or insurance-related matters. Customers should independently verify hauler insurance before allowing work on their property. See our Insurance Requirements page at bluevalleyjunk.com/insurance for additional information.
THE PLATFORM IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BLUE VALLEY JUNK PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: (a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (b) ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, VIRUS-FREE, OR FREE OF HARMFUL COMPONENTS; (c) ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, LISTING, REVIEW, RATING, OR INFORMATION ON THE PLATFORM; (d) ANY WARRANTY REGARDING THE QUALITY, SAFETY, LEGALITY, RELIABILITY, AVAILABILITY, OR SUITABILITY OF ANY HAULER, SERVICE, OR WORK PERFORMED; (e) ANY WARRANTY THAT ANY HAULER IS PROPERLY LICENSED, INSURED, CERTIFIED, BONDED, OR QUALIFIED; (f) ANY WARRANTY REGARDING THE IDENTITY, BACKGROUND, CRIMINAL HISTORY, OR TRUSTWORTHINESS OF ANY USER; (g) ANY WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (h) ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (i) ANY WARRANTY THAT ANY TRANSACTION FACILITATED THROUGH THE PLATFORM WILL BE COMPLETED SATISFACTORILY. BLUE VALLEY JUNK DOES NOT CONDUCT BACKGROUND CHECKS, VERIFY INSURANCE, VERIFY LICENSING, OR VET HAULERS IN ANY MANNER UNLESS EXPRESSLY STATED OTHERWISE. YOU RELY ON ANY INFORMATION, CONTENT, REVIEWS, OR RATINGS ON THE PLATFORM ENTIRELY AT YOUR OWN RISK.
You agree to indemnify, defend, and hold harmless the Blue Valley Junk Parties from and against any and all claims, demands, actions, suits, proceedings, liabilities, losses, damages, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees, expert witness fees, court costs, and costs of investigation and litigation) arising from, relating to, or in connection with: (a) your use of or access to the Platform; (b) your violation of these Terms or any applicable law, regulation, or ordinance; (c) your violation of any rights of any third party, including intellectual property rights, privacy rights, publicity rights, or contractual rights; (d) any transaction, interaction, or dispute between you and any other user of the Platform; (e) any content, information, materials, or communications you submit, post, or transmit through the Platform; (f) any services you provide or receive through the Platform; (g) any property damage, personal injury, death, environmental damage, or other harm arising from your actions or omissions; (h) any claim that you misclassified any worker as an independent contractor; (i) any tax liability, penalty, or assessment arising from your failure to properly report or pay taxes; (j) any claim arising from your failure to maintain required insurance, licenses, or permits; and (k) any other matter for which you are responsible under these Terms or applicable law. This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Platform.
Blue Valley Junk charges Haulers a commission of twenty percent (20%) on the total amount of each completed job facilitated through the Platform. This commission is non-refundable and is automatically deducted from the job payment before the remaining funds are transferred to the Hauler. All payment processing is handled through Stripe, Inc. ("Stripe"), a third-party payment processor. By using the Platform, you agree to be bound by Stripe's terms of service and privacy policy in addition to these Terms. Blue Valley Junk is not responsible for any errors, delays, failures, or issues arising from Stripe's payment processing services. You are responsible for any fees charged by Stripe, including transaction fees, chargeback fees, and currency conversion fees. Blue Valley Junk does not guarantee the receipt, timing, or amount of any payment. Blue Valley Junk reserves the right to modify its commission rates, fee structure, or payment terms at any time upon reasonable notice. Customers acknowledge that their payment will be held in escrow and released to the Hauler upon confirmation of job completion, subject to the dispute resolution process described below. Haulers acknowledge that they may be required to provide tax identification information and that Blue Valley Junk will report earnings to the IRS as required by law.
When a Customer books a Hauler through the Platform, the Customer's payment is held in escrow through our Stripe integration. Upon confirmation of job completion by the Customer, or upon expiration of the seventy-two (72) hour automatic release period (whichever occurs first), the escrowed funds (minus Blue Valley Junk's commission) will be released to the Hauler. Either party may initiate a dispute during the escrow period by submitting a dispute through the Platform. Upon initiation of a dispute, both parties will have seventy-two (72) hours to submit evidence, documentation, photographs, and any other relevant information supporting their position. Blue Valley Junk's administrative team will review all submitted evidence and render a decision, which may include: (a) full refund to the Customer; (b) full release of funds to the Hauler; (c) a partial split of funds between the parties; or (d) any other resolution deemed appropriate in Blue Valley Junk's sole discretion. THE DISPUTE RESOLUTION DECISIONS MADE BY BLUE VALLEY JUNK ARE FINAL AND BINDING ON BOTH PARTIES. By using the Platform, you agree to accept and comply with Blue Valley Junk's dispute resolution decisions. Blue Valley Junk is under no obligation to mediate, arbitrate, or resolve any dispute between users, and may decline to do so in its sole discretion. Blue Valley Junk shall not be liable for any dispute resolution decision or the consequences thereof.
You agree not to engage in any of the following prohibited activities: (a) circumventing, bypassing, or attempting to circumvent or bypass the Platform to avoid fees, commissions, or payment obligations, including soliciting or accepting off-platform payments; (b) submitting false, misleading, fraudulent, or deceptive listings, bids, reviews, ratings, or communications; (c) creating fake accounts, impersonating another person or entity, or misrepresenting your affiliation with any person or entity; (d) harassing, threatening, intimidating, stalking, or abusing any other user; (e) discriminating against any user based on race, color, religion, sex, sexual orientation, gender identity, national origin, disability, age, or any other protected characteristic; (f) posting or transmitting any content that is unlawful, defamatory, obscene, pornographic, hateful, or otherwise objectionable; (g) using the Platform for any illegal purpose or in violation of any applicable law; (h) illegally dumping, abandoning, or improperly disposing of any items, materials, or waste; (i) handling or transporting hazardous materials without proper licensing and certification; (j) interfering with or disrupting the Platform, servers, or networks; (k) attempting to gain unauthorized access to any accounts, systems, or data; (l) using automated scripts, bots, scrapers, or other automated means to access or interact with the Platform; (m) reverse engineering, decompiling, disassembling, or attempting to derive the source code of the Platform; (n) collecting, harvesting, or storing personal information of other users without their consent; (o) using the Platform to send spam, unsolicited communications, or advertisements; (p) manipulating prices, bids, or reviews; (q) engaging in collusion, price-fixing, or other anti-competitive behavior; (r) sublicensing, transferring, or assigning your account or any rights under these Terms; (s) using the Platform in any manner that could damage, disable, overburden, or impair the Platform; and (t) encouraging or facilitating any of the foregoing activities. Violations of this section may result in immediate account suspension or termination, forfeiture of any escrowed funds, and legal action.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. You and Blue Valley Junk agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or any transaction facilitated through the Platform (collectively, "Disputes") shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies. The Federal Arbitration Act, 9 U.S.C. sections 1-16, shall govern the interpretation and enforcement of this arbitration agreement. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable. The arbitration shall be conducted by a single arbitrator. The arbitration shall take place in Roanoke, Virginia, unless the parties mutually agree to a different location or to virtual proceedings. The arbitrator shall apply Virginia substantive law, consistent with the Federal Arbitration Act. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Each party shall bear its own costs and attorneys' fees in arbitration, unless the arbitrator determines that a claim was frivolous, in which case the arbitrator may award costs and fees to the prevailing party.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND BLUE VALLEY JUNK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. You may opt out of this arbitration agreement by sending written notice to Blue Valley Junk at legal@bluevalleyjunk.com within thirty (30) days of first accepting these Terms. Your opt-out notice must include your full name, email address, mailing address, and a clear statement that you wish to opt out of the arbitration agreement.
YOU AND BLUE VALLEY JUNK AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You expressly waive any right to bring, participate in, or recover under any class action, collective action, representative action, private attorney general action, or consolidated or multi-party proceeding. If any court or arbitrator determines that the class action waiver in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration agreement in Section 14 shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate Disputes. This class action waiver is an essential part of this arbitration agreement and cannot be severed from it.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BLUE VALLEY JUNK EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR ANY TRANSACTION FACILITATED THROUGH THE PLATFORM. THIS WAIVER SHALL APPLY REGARDLESS OF WHETHER THE DISPUTE IS SUBMITTED TO ARBITRATION OR RESOLVED IN COURT.
The Platform, including all content, features, functionality, text, graphics, logos, icons, images, audio, video, software, code, data, and the design, selection, and arrangement thereof (collectively, "Platform Content"), is the exclusive property of Blue Valley Junk or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, or exploit any Platform Content without the prior written consent of Blue Valley Junk. By submitting, posting, or transmitting any content, information, reviews, photos, or other materials through the Platform ("User Content"), you grant Blue Valley Junk a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, transferable license to use, copy, modify, adapt, distribute, publish, display, perform, and create derivative works of such User Content in connection with the operation and promotion of the Platform. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe or violate any third-party rights.
Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at bluevalleyjunk.com/privacy to understand how we collect, use, disclose, and protect your personal information. By using the Platform, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy. You also acknowledge and agree that internet-based transmissions are never completely private or secure, and that any information you send through the Platform may be intercepted or accessed by unauthorized parties.
The Platform integrates with, relies upon, or contains links to third-party services, websites, applications, and platforms, including but not limited to Stripe (payment processing), Cloudinary (image hosting and management), mapping and geolocation services, email service providers, and analytics providers (collectively, "Third-Party Services"). Blue Valley Junk is not responsible or liable for the availability, accuracy, content, security, privacy practices, or performance of any Third-Party Services. Your use of Third-Party Services is governed by the respective terms of service and privacy policies of those third-party providers, and you agree to comply with such terms. Blue Valley Junk does not endorse, warrant, or guarantee any Third-Party Services, and shall not be liable for any loss, damage, or harm arising from your use of or reliance on any Third-Party Services.
Blue Valley Junk shall not be liable for any failure or delay in performing any obligation under these Terms if such failure or delay results from circumstances beyond Blue Valley Junk's reasonable control, including but not limited to: acts of God, natural disasters, earthquakes, floods, hurricanes, tornadoes, severe weather events, pandemics, epidemics, public health emergencies, war, terrorism, riots, civil unrest, government actions, sanctions, embargoes, strikes, labor disputes, power outages, internet outages, telecommunications failures, cyberattacks, hacking, data breaches, equipment failures, fire, explosion, or any other event or circumstance beyond Blue Valley Junk's reasonable control (each, a "Force Majeure Event"). During a Force Majeure Event, Blue Valley Junk's obligations under these Terms shall be suspended for the duration of the event.
If any provision of these Terms is found to be invalid, illegal, void, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, such provision shall be deemed severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, and all remaining provisions shall continue in full force and effect. The parties agree that the court shall endeavor to give effect to the parties' intentions as reflected in the provision.
These Terms, together with the Privacy Policy, Cookie Policy, Acceptable Use Policy, and any other policies or agreements referenced herein or published on the Platform, constitute the entire agreement between you and Blue Valley Junk regarding your use of the Platform and supersede all prior or contemporaneous agreements, understandings, negotiations, representations, and warranties, whether written or oral, relating to such subject matter. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Blue Valley Junk's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms and any dispute arising out of or relating to these Terms or the Platform shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
For any claims that are not subject to arbitration under Section 14, you agree that any action or proceeding arising out of or relating to these Terms or the Platform shall be brought exclusively in the state or federal courts located in or serving Roanoke, Virginia. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum, lack of personal jurisdiction, or any other basis.
Blue Valley Junk reserves the right to modify, amend, update, or replace these Terms at any time, in its sole discretion, by posting the revised Terms on the Platform with an updated "Last updated" date. It is your responsibility to review these Terms periodically for changes. Your continued use of the Platform after the posting of revised Terms constitutes your acceptance of and agreement to the revised Terms. If you do not agree to the revised Terms, you must immediately cease all use of the Platform and close your account.
You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of Blue Valley Junk. Blue Valley Junk may assign, transfer, delegate, or sublicense any or all of its rights or obligations under these Terms without restriction and without notice to you. Any attempted assignment in violation of this section shall be null and void.
By using the Platform, you consent to receiving electronic communications from Blue Valley Junk, including emails, text messages, push notifications, and in-platform notifications. You agree that all agreements, notices, disclosures, and other communications that Blue Valley Junk provides to you electronically satisfy any legal requirement that such communications be in writing.
These Terms are intended solely for the benefit of the parties hereto and do not create any rights in or obligations to any third party. No third party shall have any right to enforce any provision of these Terms.
The following sections shall survive the termination or expiration of these Terms: Assumption of Risk, Limitation of Liability, Disclaimer of Warranties, Indemnification, Arbitration Agreement, Class Action Waiver, Jury Trial Waiver, Intellectual Property, Governing Law, Venue and Jurisdiction, and any other provisions that by their nature should survive termination.
If you have any questions, concerns, or comments about these Terms of Service, please contact us at:
Blue Valley Junk, LLC
Roanoke Valley, Virginia
Email: legal@bluevalleyjunk.com
Website: bluevalleyjunk.com