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Terms and Conditions – Residential Subscription Services
Notice About Indemnity and Dispute Resolution
These Terms & Conditions contain provisions on indemnification obligations (Section 7). These Terms and Condition also include provisions on jury trial waiver and binding arbitration of disputes on an individual (Section 10) which will be binding on you (the “Customer”), unless Customer opts out as described in Section 10(I) below. Unless Customer opts-out of arbitration: (a) Customer will only be permitted to pursue claims against the Waste Management entity providing service and its affiliates (“WM”) 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.
1. SERVICES RENDERED; WASTE MATERIALS. Customer grants to WM the exclusive right, and WM through itself and its affiliates shall furnish equipment and services, to collect and dispose of and/or recycle (collectively, the "Services") all of Customer's Waste Materials at Customer's service address. Customer agrees that the Waste Materials collected under these terms and conditions shall not include any Excluded Materials. "Waste Materials" means all non-hazardous solid waste, organic waste, and if applicable, recyclables, generated by Customer or at Customer's service address. Waste Materials shall not include any Excluded Materials. "Excluded Materials" means (a) any waste tires, (b) radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, bio-hazardous, toxic, regulated medical or hazardous waste, substance or material, as defined by, characterized or listed under applicable federal, state, or local laws or regulations; (c) any materials containing information protected by federal, state or local privacy and security laws or regulations; (d) any materials that, due to its physical or chemical characteristics, requires more stringent environmental protection, handling, documentation or other management than normal municipal solid waste; and (e) any other waste or material that is prohibited from being received, managed or disposed of at the disposal facility. Title to and liability for Excluded Materials shall remain with Customer at all times. Title to Customer's Waste Materials is transferred to WM upon WM's receipt or collection unless otherwise provided in these terms and conditions or applicable law.
2. EQUIPMENT. Any cart(s) or bin(s) ("Equipment") WM furnishes to Customer shall remain WM's property. While the Equipment is in Customer's possession, Customer is liable for all loss or damage to the Equipment, except for normal wear and tear. Customer shall provide safe, unobstructed access to the Equipment on the collection day. If applicable, Customer must place the Equipment curbside by 7:00 a.m. on the collection day.
3. INVOICES; PAYMENT TERMS. (a) Customer will be billed in advance by WM on a periodic basis (e.g., monthly, quarterly, annually). The invoices represent WM's offer to provide such Services for the specified billing period. By accepting Service, Customer agrees to these Terms and Conditions and to continue the Service for the billing period. Invoices may also include past due balances, or Charges for additional services requested or incurred by Customer during a previous billing period. An Equipment delivery fee may apply at the start of service, and an Equipment removal charge will apply upon cancellation of service. See section 4 below for further information on additional charges.
(b) Emailed Invoices and Convenience Fee for Digital Payments. For Customers that have enrolled in paperless billing and receive their periodic invoices by electronic mail, Customer agrees that periodic invoices can be emailed to Customer at any time of day, including during non-business hours. Customer agrees to pay WM the invoiced amount ("Charges") within thirty (30) days of the date of the invoice. Invoices can be paid online at wm.com/myaccount. The customary means of online payments is through automatic withdrawal from a bank account (sometimes referred to as an Automated Clearing House (“ACH”) transaction in the U.S. or a Pre-Authorized Debit (“PAD”) in Canada). No fee will be charged for online payments, or automatic payments, made by automatic withdrawal (ACH/PAD) from a bank account. If Customer chooses an alternative means of making a payment, the online payment system provider, Paymentus, may charge a fee (“Convenience Fee”) for processing the payment. Payments made electronically by credit or debit card, or by digital wallet methods such as Venmo, PayPal, Apple Pay and Google Wallet, may be charged a Convenience Fee by Paymentus. For customers newly enrolling in AutoPay, if Customer elects to make each automatic payment by credit or debit card or by digital wallet methods such as Venmo, PayPal, Apple Pay or Google Wallet, Paymentus may apply the Convenience Fee to each automatic payment. If a Convenience Fee is charged, it will be disclosed prior to Customer making a payment and Customer will be given the option of not proceeding with the payment transaction if Customer does not wish to pay the Convenience Fee. Customers that enrolled in automatic payment before August 2024 when Paymentus, the online payment system provider, introduced the Convenience Fee will be given the opportunity to choose the customary payment method, an alternative method that is charged the Convenience Fee, or unenroll in automatic payment. If a Convenience Fee is assessed, then Paymentus will only process the payment if Customer agrees to pay the Convenience Fee. The Convenience Fee will be a flat $1.99 charge per payment for residential service customers in the United States, and $2.75 CAD for residential service customers in Canada, and the Convenience Fee amount may be changed from time to time at the payment system provider’s discretion. Customer agrees that the Convenience Fee is a fee for the use of alternative payment channels through the use of the Paymentus service and is not a surcharge imposed for making a credit or debit card payment. By contract or because of state or provincial law restrictions, some customers may pay a non-standard convenience fee or be exempt from paying any convenience fee.
(c) Late Fees and Suspension or Termination of Services for Nonpayment. If full payment of the Charges is not received by WM within thirty (30) days from the date of the invoice, Customer may be assessed a late fee as specified on the invoice, which shall be for the maximum monthly late charge allowed under applicable law on all past due amounts accruing from the date of the invoice, with a minimum monthly late fee of five dollars ($5.00). Customer acknowledges that such late fee is not to be considered as interest or debt on a finance charge, but rather is a reasonable charge for the anticipated loss and cost to WM for the late payment. Additionally, if Customer fails to timely pay an invoice, WM may terminate or suspend services until full payment is received. If Customer’s service is suspended for non-payment, Customer may be charged a resume fee to restart service. If Services are suspended or terminated by WM due to Customer's breach of these terms or if Customer terminates the Services, Customer understands and agrees that WM will not refund, or pro-rate or return any amounts previously paid by Customer to WM in advance for monthly or quarterly pre-paid services, unless such refund is required by law or regulation. Annual prepaid services that are cancelled by Customer prior to the end of the annual term will be refunded for the amount of unused days left in the annual term.
4. ADDITIONAL SERVICE CHARGES, INCLUDING CART OVERAGE AND RECYCLING CONTAMINATION CHARGES. In addition to the Charges, WM also reserves the right to charge Customer for additional services provided by WM to Customer, whether requested or incurred by Customer, including, but not limited to, account resume or reactivation services; extra pickups or trip charges; a charge for recyclable contamination included in Customer’s cart(s) as described below; and a charge for container overages and overflows as described below (see www.wm.com/billhelp for a list of “extra charges on my invoice” , which may be updated from time to time), all at such standard prices or rates that WM is charging its customers in the service area at such time. Customers are advised to request the current charge amounts for any additional services at the time of ordering, and to call the number listed on their invoice for further details on any Charges. An Energy Surcharge applies to all other Charges, including cart delivery and/or removal charges, whether or not listed in these terms, and information about the Energy Surcharge can be found at www.wm.com/billhelp. State & Local taxes, and/or fees and a Recycle Material Offset, if applicable, will also be added to the Charges. An Administrative Charge per invoice will be assessed and can be removed by enrolling in paperless statements and automated payments, unless prohibited by law. Cart-delivery fees can be avoided by enrolling for service online.
(a) The Overage Charge and How It Can Be Avoided. Generating more waste than expected can cause an overage and an overage charge of five dollars ($5.00) per overloaded container per incident. Overloaded containers pose safety risks for our drivers and create unsightly messes in your community. An overage is whenever WM documents one of these customer situations:
- Overloaded container (e.g., container lids not securely closed)
- Lids left closed with debris stacked on top of the lids or outside of the container
Customers can avoid overage charges by making sure their waste or recycling materials fit within their carts with the lids closed. If Customers find they need additional cart space for their materials, they should contact WM to discuss service options, including the possibility of increasing their pick-up frequency, adding larger or additional carts to their account, or both.
(b) The Recycling Contamination Charge and How It Can Be Avoided. Recycling contamination happens when trash ruins otherwise good recyclables, causing a contamination charge of five dollars ($5.00) per contaminated recycling container per incident. Once contaminated, these recyclables can no longer be recycled and they become trash, or the costs increase to process the recyclables and remove the contamination. For recyclable materials to have a second life, they must be clean and free from contaminants. Remember these three simple rules to recycle right:
- Recycle clean bottles, cans, paper & cardboard.
- Keep food and liquid out of your recycling.
- No loose plastic bags & no bagged recyclables.
For more information, visit wm.com/recycleright for tips and educational tools to recycle right.
5. CHARGE INCREASES. WM may increase the price for subscription residential collection services from billing period to billing period, and Customers may terminate or choose to not renew services after each billing period without penalty. WM also may increase the Charges on an annual basis to account for increases in the US Consumer Price Index ("CPI") for Water, Sewer and Trash Collection Services published by U.S. Bureau of Labor Statistics, or with written notice to Customer, any other national, regional or local CPI. WM may also adjust the Charges to cover any increases in disposal, processing and/or transportation costs and to cover increased costs due to uncontrollable circumstances, including, without limitation, changes in local, state or federal laws or regulations, imposition of taxes, fees or surcharges or acts of God such as floods, fires, hurricanes and natural disasters. Changes in the frequency of collection, collection schedule, number, capacity and/or type of Equipment, and any changes to the Charges payable under these terms may be agreed to orally, in writing, by payment of the invoice reflecting such changes, or by the actions and practices of the parties.
6. HOW TO TERMINATE RESIDENTIAL SERVICES AND ARRANGE FOR THE REMOVAL OF WM’S CARTS. Once WM has commenced providing collection services to your residence, to terminate services, either during or at the end of a billing period, please contact WM by telephone at 866-964-2729 and allow WM’s interactive voice response agent to help you terminate services and arrange for the removal of your trash and/or recycling carts. As described on your periodic invoice, a cart removal charge plus applicable taxes and surcharges may apply.
7. INDEMNITY. WM agrees to indemnify, defend and save Customer, its parent, subsidiaries, and corporate affiliates, harmless from and against any and all liability which WM may be responsible for or pay out as a result of bodily injuries (including death), property damage, or any violation or alleged violation of law, to the extent caused by any negligent act or omission or willful misconduct of WM or its employees, which occurs (a) during the collection or transportation of Customer's Waste Materials, or (b) as a result of the disposal of Customer's Waste Materials in a facility owned by WM or its affiliated companies, provided that WM's indemnification obligations will not apply to occurrences involving Excluded Materials. Customer agrees to indemnify, defend and save WM, its parent, subsidiaries, corporate affiliates and their joint venture partners, harmless from and against any and all liability which WM may be responsible for or pay out as a result of bodily injuries (including death), property damage, or any violation or alleged violation of law to the extent caused by Customer's breach of these terms and conditions or by any negligent act or omission or willful misconduct of the Customer or its employees, agents or contractors or Customer's use, operation or possession of any Equipment furnished by WM. Neither party shall be liable to the other for consequential, incidental or punitive damages arising out of the performance or breach of these terms and conditions. For New Jersey Residents: Nothing herein bars recovery of damages or attorneys' fees where mandated by statute.
8. MISCELLANEOUS. (a) WM shall not be in default for its failure to perform or delay in performance caused by events or significant threats of events beyond its reasonable control, whether or not foreseeable, including, but not limited to, strikes, labor trouble, riots, imposition of laws or governmental orders, fires, acts of war or terrorism, acts of God, and the inability to obtain equipment, and WM shall be excused from performance during the occurrence of such events. (b) These terms and conditions shall be construed in accordance with the law of the state in which the Services are provided. (c) Different terms and conditions may apply to residential collection customers covered by municipal franchise, homeowner's association or individual customer agreements. (d) In the event WM successfully enforces its rights against Customer hereunder, Customer shall be required to pay WM's attorneys' fees and court costs. (e) Customer understands and agrees that by providing Customer's phone number(s), email, and home address in connection with these terms, Customer authorizes WM and its agents to contact Customer regarding this account with an artificial or prerecorded message or using auto-dialing equipment at the provided phone number(s), including cell phone numbers if provided, or email, and home address.
9. RECYCLING SERVICES. The following shall apply to fiber and non-fiber recyclables ("Recyclable Materials") and recycling services:
All Recyclable Materials must be clean, dry, unshredded, empty, loose and unbagged. (a)(i) Single stream Recyclable Materials ("Single Stream") will consist of Customer's entire volume of uncoated office and writing paper, magazines, pamphlets, mail, newspaper; flattened, uncoated cardboard, paperboard boxes; aluminum food and beverage containers, tin or steel cans; glass, and rigid container plastics #1, #2 and #5, including narrow neck containers and tubs. Any material not specifically set forth above, including but not limited to foam, film plastics, plastic bags, napkins, tissue, paper towels, or paper that has been in contact with food, is unacceptable. Glass may not be accepted at all locations. (ii) Customer shall provide source-separated wastepaper, cardboard, plastics and metals in accordance with the most current ISRI Scrap Specifications Circular and any amendments thereto or replacements thereof. (iii) All other Recyclable Materials will be delivered in accordance with industry standards or such specifications communicated to Customer by WM from time-to-time. (iv) WM reserves the right, upon notice to Customer, to discontinue acceptance of any category of Recyclable Materials set forth above as a result of market conditions related to such materials and makes no representations as to the recyclability of the materials. Collected Recyclable Materials for which no commercially reasonable market exists may be landfilled at Customer's Cost; (b) Notwithstanding anything to the contrary contained herein, Recyclable Materials may not contain Nonconforming Waste, Hazardous Waste, Special Waste or other materials that are deleterious or capable of causing material damage to any part of WM' property, its personnel or the public or materially impair the strength or the durability of WM' structures or equipment. (c) WM may reject in whole or in part, or may process, in its sole discretion, Recyclable Materials not meeting the specifications. Customer shall pay WM for all increased costs, losses and expenses incurred with respect to such non-conforming Recyclable Materials which charges may include an amount for WM's operating or profit margin (collectively the "Cost"). Without limiting the foregoing, and Customer shall pay a contamination charge for additional handling, processing, transporting and/or disposing of such non-conforming Recyclable Materials, Hazardous Waste, Special Waste, Nonconforming Waste, and/or all of part of non-conforming loads and additional charges may be assessed for bulky items such as appliances, concrete, furniture, mattresses, tires, electronics, pallets, yard waste, propane tanks, etc.; (d) Recycling Services are subject to a Recyclable Material Offset (RMO) charge to the extent that (a) WM' processing cost per ton, including costs of disposal for contamination and profit margin, exceeds (b) an amount equal to recyclables value per ton minus an amount for profit margin. The RMO charge, including profit margin, processing and disposal costs and recyclable value shall be determined by WM from time-to-time, in its sole discretion, based on applicable operating data and market information. If recyclables value exceeds processing costs, plus profit margin, a RMO credit may apply, at WM' sole discretion.
10. LEGAL DISPUTES; ARBITRATION AGREEMENT AND JURY TRIALWAIVER (“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;
a. 60 days after receipt of the Claim Notice, or
b. 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 this 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:
a. 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,
b. 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 10(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 10(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, the mode of payment selected by Customer, Convenience Fees charged as part of the Customer’s payment of any invoice, 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 10(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 Customer’s or WM’s state’s equivalent court. This means Customer 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 the Consumer Arbitration Rules, available at www.adr.org. 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.
If Customer initiates arbitration, 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, Customer should submit a request for payment of fees to the AAA along with Customer'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 arbitration. Customer will not be required to pay fees and costs incurred by WM if Customer 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 10(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 Section 10 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 enrolling for 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 10(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.
APPLICABLE LAW MAY PROVIDE CUSTOMER THE RIGHT TO CANCEL THIS TRANSACTION, IF CUSTOMER SO DESIRES, WITHOUT ANY PENALTY OR OBLIGATION AT ANY TIME WITHIN THREE BUSINESS DAYS (EXCLUDING SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS) OF ACCEPTANCE OF THESE TERMS AND CONDITIONS. PLEASE CHECK YOUR SPECIFIC SERVICE ARRANGEMENT TERMS OR CONTACT YOUR LOCAL WM SERVICE OFFICE IF YOU HAVE ANY QUESTIONS.
Information in this article may be inapplicable to customers who receive service pursuant to a WM agreement with a municipality, association or other entity, or where applicable law requires differing terms of service.
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