We ordered and paid for 3 yards of mulch and only got 1 yard. When we asked him about the discrepancy, he said that was 3 yards. In no way was it. We had to go buy and pay for another 2 yards of mulch somewhere else. We have photos of what the 2 yds. looked like. It cost another $60.00 making a total of $120 for 3 yds. of mulch. First load paid by check number 174, second load on credit card.Summary of Transaction Venue's Actions
He denied the size of the load was incorrect. He didn't offer any money back or to bring the rest of the order. You can tell by the spot on the ground under the truck his load wasn't even as big as the load on the truck. It should have been bigger.Available media
Last Updated: April 25, 2017
The following Terms of Service (“Contract”) governs your use of the online interactive information publishing service (the “Service”) provided by Ruction, Inc. ("Rinc", “Us,” or “we”) via the website available at http://Skammed.com (the “Site”).
You are solely responsible for all Reports, images, audio, video, text, photographs, messages, tags, information , data, comments and other user generated content (“User Content”) on the Site and agree to, understand, and will abide by, all of the following:
If you are not thirteen years, or older, you must ask your parent or guardian for permission to use this website. Skammed does not knowingly collect personally identifiable information from children under the age of thirteen.
We collect information about you in various ways when you use our Sites. We collect personal information you provide to us. For example, we collect your name, email address, postal address, phone number, password, and other information you provide to us on our Sites. We may also obtain information from other sources and combine that with information we collect on our Sites.
When you visit our Sites, some information is automatically collected. For example, when you visit our Sites your computer's operating system, Internet Protocol (IP) address,access times, browser type and language, and the website you visited before our site are logged automatically. We also collect information about your usage and activity on our Sites.
a. You represent and warrant that:
b. You represent and warrant that any User Content you provide shall not, at any time, contain any content that is in the sole discretion of Rinc:
c. You are solely responsible for your User Content, and while Rinc does not and cannot review all User Content and is not responsible for such User Content, Rinc reserves the right to delete, cancel, move, or edit User Content that it, in Rinc’s sole discretion, is in violation of the restrictions set forth in Section 6(b) (the “Content Guides”).
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f. The Site may include bulletin boards, blogs, chat rooms, comments sections, and other community forums which allow you to post information, provide feedback and comments, and otherwise interact with other Users, either through postings or by interacting in real-time. In connection with such services, you agree to abide by any rules that Rinc publishes in connection therewith, including but not limited to, the prohibition on use of the Site for any unlawful purpose. Although Rinc may from time to time review discussions, chats, comments, transmissions, bulletin boards, blogs, chat rooms, and other community forums available via the Site (the “Community Forums”), you acknowledge Rinc is under no obligation to monitor or control, and shall have no liability for, any information available the Community Forums. You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. Rinc reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums.
g. From time to time, Rinc may receive subpoenas seeking the identity of one, or more, of the Site's Users. Upon receiving such notice of a subpoena, Rinc may object to the disclosure unless and/or until a court determines that the standards set forth in Mobilisa v. Doe, 217 Ariz. 103, 170 P.3d 712 (App. 2007) have been met. In the event Rinc does not object to the disclosure, it may forward a copy of the subpoena to you at the email address you provided in your account registration so that you may take action on your own behalf. In the event you fail to respond to our email and/or you fail to timely object to the subpoena or make other arrangements with the requesting party, Rinc may, without notice, comply with the subpoena which may disclose your identity without incurring and liability to you.
i. You further agree and understand that in order to facilitate the resolution of complaints, Rinc may disclose your identity to any party/person/business/legal entity who joins our Social Advocacy Mediation program ("SAM") or other paid programs which promote the public goodwill, communication between disputing parties and dispute resolution (with the exception of any programs that specifically do not contemplate the release of such information). Disclosures made under this section may encompass Reports submitted before and/or after the date the company joins our program(s). Notwithstanding the foregoing, some programs, such as SAM, require the program member to agree not to sue legitimate complaining customers without the prior written consent of Rinc (with the exception of pending litigation wherein a Report's author has already been identified through the course of discovery in that litigation). You further agree to release and hold Rinc harmless from any claims that Rinc disclosed your identity pursuant to these Terms and Conditions.
a. Indemnification. You shall defend, indemnify, and hold harmless Rinc and its officers, employees, directors, agents, contractors, and Licensees, (collectively, the “Indemnified Parties”) from and against all claims, demands, suits, losses, damages, costs, awards, judgments and expenses (including the costs of investigation and defense and reasonable attorneys' fees), regardless of the form of action, including, without limitation, those based on, arising out of, or relating to: (i) Your breach or alleged breach of any term, representation, warranty, or covenant contained in this Contract; (ii) any claim by a third party that any User Content submitted by you (or on your behalf), and/or Rinc's use thereof , infringes upon the IP Rights or other rights of such third party; and (iii) Your acts or omissions (including negligence or strict liability) related to the subject matter of this Contract, including, without limitation, any third-party claim or action based on, arising out of or relating to any User Content licensed hereunder. You shall promptly reimburse Rinc and the Indemnified Parties for any liabilities incurred in connection with any such claims. Rinc may have its own counsel present at and participating in all proceedings or negotiations relating to such claim, at Rinc's own expense, unless you fail or refuse to secure legal counsel to defend any such claim in a timely manner, in which case the expense of Rinc's counsel shall be borne by you.
b. COMMUNICATIONS DECENCY ACT. RINC IS A PROVIDER OF INTERACTIVE COMPUTER SERVICES, SUBJECT TO THE PROTECTIONS, IMMUNITIES, AND LIMITATIONS OF LIABILITY AFFORDED BY THE COMMUNICATIONS DECENCY ACT (47 U.S.C. 223 et seq.) AND OTHER APPLICABLE LAWS.
c. DIGITAL MILLENNIUM COPYRIGHT ACT. RINC IS AN INTERACTIVE SERVICES PROVIDER, SUBJECT TO THE PROTECTIONS, IMMUNITIES, AND LIMITATIONS OF LIABILITY AFFORDED BY THE DIGITAL MILLENNIUM COPYRIGHT ACT (17 U.S.C. 512 et seq.) AND OTHER APPLICABLE LAWS. As such, RINC adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Materials infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must be provided to RINC’s designated agent, (“Copyright Agent”), as set forth below, and include the following:
Rinc’s Copyright Agent to receive DMCA Takedown Notices is:
For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Site. You acknowledge that in order for Rinc to be authorized to takedown any User Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
Your access to the Site as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of Wyoming, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Wyoming.
Rinc’s failure to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of this Contract is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Contract shall continue in effect. A printed version of this Contract and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Contract to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS CONTRACT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT RINC MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) ACCEPT USER CONTENT FROM OTHERS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS CONTRACT. YOU ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS CONTRACT.