Terms of Service

RUBBLE – TERMS OF SERVICE

Effective Date: September 25, 2025

Operator/Entity: Zoot, LLC d/b/a "Rubble" ("Rubble", "we", "us", "our").

Primary Contact Email (all notices & support): matthew@userubble.com

Office Address (all notices): 5379 Terence Ct, Bloomfield Hills, MI 48302

Governing Law & Arbitration Seat (default): Michigan law; binding arbitration seated in Oakland County, Michigan, AAA Commercial Rules; jury-trial waiver; class-action/collective waiver.

Marketplace Status (conspicuous): Rubble is a marketplace/intermediary only; Rubble is not a carrier, broker of freight, contractor, material supplier, professional engineer, or waste transporter. We do not dispatch, route, supervise, or control third-party services; users contract directly with one another.

0. Contract; Incorporation; One-Shield Architecture

0.1. Binding Contract

These Terms of Service ("Terms") are a legally binding contract between you and Rubble governing access to and use of Rubble's websites, mobile applications, and related technology and services (collectively, the "Platform").

0.2. Incorporated Policies

The following policies are incorporated by reference and form part of these Terms (collectively, "Policy Stack"):

(a) Delivery Policy; (b) Refund & Cancellation Policy; (c) Buyer Protection Policy; (d) Seller Rules; (e) Trucker/Hauler Rules; (f) Environmental Compliance Policy; (g) Prohibited & Restricted Materials Policy; (h) Dispute Resolution Policy; (i) Privacy Policy; (j) Cookie Policy; (k) Intellectual Property & DMCA Policy; (l) Payouts & Chargebacks Policy; (m) Rate Card & Accessorials Schedule; (n) Insurance Requirements Schedule; (o) Account Verification & Eligibility Policy; (p) Acceptable Use / Community Standards; (q) Property Damage & Site Access Addendum; (r) Weather Delay & Access Blockage Acknowledgement; (s) Dangerous Conditions Acknowledgement; (t) Photo/Recording Consent; (u) Law Enforcement & Subpoena Guidelines; (v) Data Processing Addendum (if applicable); (w) Security Incident Response Notice; (x) DSR/Privacy Request SOP; (y) Testing & Chain-of-Custody SOP; (z) Spill/Incident Response SOP; (aa) Material Acceptance Criteria.

0.3. Order of Precedence (Master)

If a conflict arises, the following order controls: (1) These Terms of Service; (2) Delivery Policy; (3) Refund & Cancellation Policy; (4) Buyer Protection Policy; (5) Seller Rules; (6) Trucker/Hauler Rules; (7) then the policy most directly addressing the subject matter; (8) any order confirmation; (9) Help Center articles.

0.4. Universal Consistency

Capitalized terms shall have the meanings in §1. The same definitions, disclaimers, and risk allocations apply across the entire Policy Stack.

0.5. Updates

Rubble may update these Terms or any Policy. Material changes will be notified in-app or by email. Continued use constitutes acceptance. Versioning and change logs are maintained per §23.

1. Definitions (Master Glossary)

1.1. Buyer: A user who purchases or requests Materials and/or delivery through the Platform.

1.2. Seller: A user who lists, supplies, or transfers Materials through the Platform.

1.3. Trucker/Hauler ("Hauler"): An independent person or company providing pickup, transport, and/or unloading services.

1.4. Property Owner: The owner or lawful possessor/controller of the Destination Site.

1.5. Materials: Bulk loose earthen or aggregate materials (e.g., clean fill dirt, topsoil, clay, sand/sandstone, gravel/aggregates, loam, compost-enriched soil, muck soil, silty soil, peat, bark/chips) and any category permitted under the Prohibited & Restricted Materials Policy and applicable law.

1.6. Source Site: The location where Materials originate or are staged for loading.

1.7. Destination Site: The location where Materials are intended to be unloaded/placed.

1.8. Drop Zone: The precise surface area designated in writing in the order for unloading, subject to §9–§10 and the Delivery Policy.

1.9. Right-of-Way: Public street/curbline lawfully accessible to a Hauler.

1.10. Dispatch: The point when a Hauler is assigned and in route/staged, as shown in-app.

1.11. Dry Run: A dispatch where delivery cannot be completed for causes outside the Hauler's control (e.g., unsafe/inaccessible site; refusal of curbside), as defined in the Delivery Policy.

1.12. Constructive Delivery: Unloading at a lawful, safe curbside/right-of-way or alternate safe point selected by the Hauler when the Drop Zone is unsafe/unavailable; constitutes delivery and acceptance.

1.13. Proof Package: The evidence set (time-stamped photos/video, GPS logs, in-app messages, scale tickets/loader counts, lab reports when relevant) required under the Refund & Cancellation, Buyer Protection, Delivery, Environmental, and Dispute policies.

1.14. Platform Fees: Fees Rubble actually receives for facilitating a transaction (excludes pass-through costs, third-party charges, taxes).

1.15. Restricted/Prohibited Materials: As defined in the Prohibited & Restricted Materials Policy and applicable law.

1.16. Constructive Acceptance: For multi-load orders, acceptance of any load without a timely in-app issue (see §18 & Rate Card) constitutes acceptance of that load.

1.17. AAA: American Arbitration Association; Rules means AAA Commercial Arbitration Rules (including Expedited Procedures where applicable).

2. Platform Role; No Broker/Carrier/Bailee/Warehouseman

2.1. Marketplace Only

Rubble provides technology to discover, communicate, and pay. Rubble is not a motor carrier, broker of freight, dispatcher, bailee, warehouseman, material supplier, contractor, engineer, or environmental professional.

2.2. No Custody/Dispatch Authority

Rubble does not take possession of Materials, does not issue or accept bills of lading, and does not control routing, loading, securement, unloading, or on-site decisions.

2.3. Independent Parties

Buyers, Sellers, Haulers, labs, and other providers act independently; no partnership, joint venture, employment, fiduciary, or agency is created with Rubble (§13).

3. Geography; Availability; Geo-Fencing

3.1. Initial Operations

The app will start in Oakland County, Michigan; it is available nationwide on major app stores, but delivery services are available only in select counties. Coverage may expand or contract over time without liability for unavailability.

3.2. Compliance

Users are solely responsible for compliance with local rules, cross-border transport restrictions, quarantines, and import/export controls (including soil movement restrictions). Rubble may geo-restrict orders or disable features at any time (§21).

4. Account; Eligibility; Verification; KYC/AML

4.1. Minimum Age & Authority

You must be at least 18 and have legal authority to bind any entity you represent.

4.2. Verification

Rubble may require identity/KYC, insurance, licensing, and tax information; failure/refusal may result in suspension.

4.3. Sanctions/Anti-Corruption

Users warrant they are not owned/controlled by sanctioned parties and will comply with anti-bribery, export, and sanctions laws. Rubble may screen and terminate for violations (§22).

5. On-Platform Use; No Circumvention

5.1. On-Platform Only

Listings, messaging, confirmations, and payments must occur within the Platform to remain eligible for remedies.

5.2. Off-App Prohibition

Circumvention (off-platform solicitation or payment) is prohibited. Liquidated damages equal the greater of 3× avoided Platform fees or USD $1,000 per order, plus setoff from payouts (§19; Payouts & Chargebacks Policy).

5.3. Records

Off-app communications are ineligible for Platform dispute processes.

6. User Representations & Authority (Universal)

Each user represents/warrants: (a) legal capacity; (b) accurate information; (c) authority to authorize site access; (d) lawful title/rights to Materials; (e) compliance with all laws, permits, and ROW approvals; (f) no use of third-party confidential information without right; (g) compliance with the Policy Stack.

7. Materials; Environmental; Prohibitions

7.1. Seller Duties

Sellers must truthfully describe Materials, comply with Environmental and Prohibited & Restricted policies, and provide testing/COC where required.

7.2. Buyer/Owner Duties

Buyers/Owners must ensure the Destination Site lawfully accepts the Materials and obtain required permits/approvals before delivery; they are responsible for erosion/sediment/stormwater controls.

7.3. Hauler Duties

Haulers must comply with DOT, weight/axle limits, routing, and spill response preparedness.

7.4. Strict Bans

Prohibited streams may not be listed/transported. Restricted streams require full disclosures, approvals, and documentation before dispatch.

8. Site Access, Utilities, and Municipal Compliance

8.1. Permits & Access

Buyer/Owner is solely responsible for ROW permits, lane closures/flaggers, HOA permissions, codes/gates, escorts, hours-of-operation, idling/noise, and any special routing/overweight permits necessitated by the requested time/place.

8.2. Utilities

Buyer/Owner must call 811 where applicable and arrange private locates for subsurface utilities; Rubble/Haulers have no duty to locate. Utility-strike risk and indemnity rest with the user (§15).

9. Delivery Boundaries; Curbside Default

9.1. Default Delivery

Delivery is curbside/right-of-way adjacent to the designated address.

9.2. Private-Property Entry

Entry beyond the curb is optional and solely at the Hauler's written in-app discretion captured before entry, and only if risk allocations in the Delivery Policy and Site Access Addendum are satisfied.

9.3. Unsafe/Unavailable Drop Zone

Hauler may make Constructive Delivery or classify a Dry Run; fees apply per Rate Card & Accessorials Schedule.

10. Assumption of Risk; Property & Immobilization

10.1. Assumption

By requesting delivery or site entry, Buyer/Owner assumes all risks of property/utility/subsurface damage, immobilization, and personal injury linked to site conditions (soft soils, grades, pavers, curbs, septic, irrigation, trees/branches, overhead lines, unknown subsurface conditions).

10.2. No Precision Placement

Dump trucks are not precision placement tools; spreading/grading is not included.

10.3. Immobilization/Recovery

If a vehicle becomes stuck past the curb at Buyer's request, Buyer/Owner is responsible for towing/recovery, remediation, repairs, standby, redelivery/return, and related fees (§19; Delivery Policy; Site Access Addendum).

11. Title & Risk of Loss; Constructive Delivery; Per-Load Clock

11.1. Transfer

Unless required otherwise by law, title and risk of loss transfer upon unloading at the Drop Zone or lawful curbside point selected by the Hauler (Constructive Delivery).

11.2. Multi-Load Orders

Acceptance and dispute windows run per load; failure to file an eligible claim within the window constitutes Constructive Acceptance for that load.

12. Proof; Evidence; Records; Spoliation

12.1. Admissibility

Parties consent to use of GPS, time-stamped photos/video, in-app chat logs, scale tickets/loader counts, manifests, and lab reports as admissible business records.

12.2. Preservation

Once a dispute is reasonably foreseeable, parties must preserve evidence. Spoliation may trigger adverse inferences and fee-shifting (§20; Dispute Policy).

12.3. Proof Package

Claimant bears the burden to submit a complete Proof Package within deadlines set in the Refund & Cancellation and Buyer Protection policies.

13. Independent Contractor / No Agency; Employment Matters

13.1. Status

Haulers, Sellers, labs, and other providers are independent contractors. Nothing herein creates employment, partnership, or agency with Rubble.

13.2. No Employment Obligations

Rubble is not responsible for wages, workers' compensation, benefits, tax withholdings, or labor compliance of third parties.

14. User Content; IP; Reviews; DMCA

14.1. UGC License

Users grant Rubble a worldwide, royalty-free, sublicensable license to host, display, adapt, and use listing photos, text, marks, and reviews to operate and promote the Platform.

14.2. Warranties

Users warrant they have rights to content provided and that it does not infringe third-party rights.

14.3. Reviews/Moderation

Rubble may display, edit for clarity, or remove reviews; manipulation and defamation are prohibited.

14.4. DMCA

Rubble maintains a DMCA process and a repeat-infringer policy (see IP & DMCA Policy).

15. Indemnities (Universal, Flow-Down)

15.1. User Indemnity

To the fullest extent permitted by law, each user (Buyer, Seller, Hauler, Property Owner) shall defend, indemnify, and hold harmless Rubble and its owners, officers, employees, agents, and affiliates from any third-party claims, fines, penalties, losses, costs, and reasonable attorneys' fees arising out of or related to: (a) site conditions/access/utilities; (b) property damage, personal injury, or death; (c) environmental non-compliance, spills, runoff, illegal dumping; (d) misdescription, contamination, or unlawful Materials; (e) violations of law or these Terms/Policies; (f) off-platform payments/solicitations; (g) user content/IP.

15.2. Waiver of Subrogation

Users shall obtain waivers of subrogation in Rubble's favor to the extent permitted by law (§19; Insurance Requirements Schedule).

16. Warranties; Non-Reliance; No Professional Advice

16.1. AS IS/AS AVAILABLE

The Platform and any Rubble services are provided "AS IS" and "AS AVAILABLE."

16.2. No Implied Warranties

Rubble disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.

16.3. Non-Reliance

Users do not rely on Rubble for engineering, environmental, legal, surveying, or safety advice; any estimates/timelines/metrics are non-binding.

17. Limitation of Liability (Strict Cap; Exclusions; Aggregate)

17.1. Exclusions

To the maximum extent permitted by law, Rubble is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages; lost profits; loss of use; business interruption; or loss of data.

17.2. Cap

Rubble's total liability is capped at the lesser of: (a) Platform fees actually received by Rubble for the transaction at issue; or (b) USD $100.

17.3. Aggregate

The cap applies per transaction and in the aggregate for related claims to prevent stacking.

17.4. No Insurance

Rubble is not an insurer; users must carry their own coverage. No third-party beneficiaries exist except expressly named.

18. Refunds; Cancellations; Chargebacks; Remedies

18.1. Refunds/Cancellations

Governed exclusively by the Refund & Cancellation Policy, which sets stages, windows, Dry Run/redelivery/return/disposal fees, and Proof Package elements.

18.2. Chargebacks

Chargebacks for matters governed by the Policy Stack are improper; users must withdraw improper chargebacks. Rubble may assess a Chargeback Admin Fee plus interest and collections costs (including reasonable attorneys' fees).

18.3. Remedy Hierarchy

Default remedy is Platform credit, followed (rarely) by partial refund or other equitable adjustment, as determined under the Policy Stack. Platform fees are non-refundable except for verified Platform error or Seller non-performance as expressly provided.

19. Payments; Payouts; Offsets; Holds

19.1. On-Platform

All payments/payouts occur in-app.

19.2. Holds/Reserves

Rubble may withhold payouts, place reserves, or offset sums owed for chargebacks, spills/contamination, misdescription, fraud, governmental orders, or unresolved disputes, consistent with the Payouts & Chargebacks Policy.

19.3. Setoff

Rubble may set off amounts against current or future payouts.

20. Disputes; Mandatory In-App Process; Arbitration; Class Waiver

20.1. In-App First

Parties must use the in-app dispute flow and submit a complete Proof Package within strict deadlines before any arbitration.

20.2. Binding Arbitration

Except for limited IP/security injunctive relief, all disputes shall be resolved by final, binding, confidential AAA arbitration seated in Oakland County, Michigan, under AAA Commercial Rules. Jury-trial waiver applies.

20.3. Class/Collective Waiver

Disputes proceed on an individual basis only; no class, collective, or representative actions.

20.4. Mass-Arbitration Protocol

If 25+ similar demands are filed by/with the same firm or coordinated group within 90 days, a bellwether process applies: (a) AAA randomly selects 10 cases to proceed first; (b) the rest are stayed; (c) fees for non-bellwethers are staged/stayed; (d) mediation after bellwethers; (e) courts/arbitrators may enforce the protocol.

20.5. Prevailing-Party Fees; Settlement Offer Fee-Shift

Arbitrator may award reasonable attorneys' fees/costs. If a party rejects a written offer and does worse in arbitration, fee-shift applies from the offer date.

20.6. Limitations Period

Claims must be filed in arbitration within 12 months from accrual or the shortest period allowed by law. Late claims are barred.

20.7. No Expansion of Liability

All warranty disclaimers, exclusions, caps, and remedy limits apply in arbitration.

21. Platform Changes; Outages; Third-Party Services; Mapping/Telematics

21.1. Changes; Beta; No SLA

Rubble may modify/suspend features; no uptime guarantee. Beta features are AS IS and outside SLAs/credits.

21.2. Third-Party Terms

Mapping, telematics, KYC, payments, labs, and analytics services have their own terms; errors/outages are not Rubble's liability.

21.3. Device Permissions & GPS Drift

Telemetry inaccuracies can occur; parties agree to reasonable tolerance bands.

22. Taxes; Marketplace Facilitator; Reporting

22.1. Taxes

Users are responsible for sales/use taxes unless Rubble is legally treated as a marketplace facilitator in a jurisdiction.

22.2. Reporting

Rubble may issue 1099-K or similar forms as required. Rubble does not provide tax advice.

23. Versioning; Language; Interpretation; Assignment; Survival

23.1. Version Control

Rubble maintains version IDs and change logs; material changes are notified in-app.

23.2. Language

Documents are provided in English; translations are for convenience only. English controls.

23.3. Interpretation

Headings are for convenience; contra proferentem is waived.

23.4. Assignment

Users may not assign without Rubble's written consent; Rubble may assign freely (including affiliates, successors, acquirers).

23.5. Severability; No Waiver

If a provision is invalid, the remainder remains enforceable. Failure to enforce is not a waiver.

23.6. Survival (Explicit)

The following survive termination/closure/completion: §§5, 7–12, 14–21, 23–25; all indemnities; liability caps; evidence/records; privacy/data; fee/offset rights; confidentiality/IP; insurance waivers.

24. Catch-All Clause (Verbatim; Universal)

"By using Rubble, you acknowledge and agree that Rubble has no liability for any act, omission, or occurrence relating to transportation, delivery, material quality, environmental condition, or property condition. All such liability rests solely with the independent buyer, seller, or service provider you contract with."

25. Notices; E-Sign; TCPA Consent; Contact

25.1. E-Sign

You consent to electronic records and signatures; disclosures may be delivered in-app or to your email on file.

25.2. Transactional Messages (TCPA/CTIA)

You consent to receive transactional texts/emails related to orders, verification, safety, disputes, and account security; you may opt-out where permitted (opt-out may impact functionality).

25.3. Formal Notices to Rubble

Zoot, LLC d/b/a "Rubble"
5379 Terence Ct, Bloomfield Hills, MI 48302
Email: matthew@userubble.com

25.4. User Notices

To the email and/or postal address on file and via in-app messaging.

You acknowledge that you have read and understood these Terms and agree to be bound by them and by all incorporated Policies as a condition of using Rubble.