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Terms & Conditions

Terms & Conditions

Terms & Conditions

Last Updated: April 28, 2026
Effective Date: April 28, 2026

1. Agreement to Terms

These Terms and Conditions (“Terms”) constitute a binding legal agreement between you (“Customer,” “you,” or “your”) and Midnight Services LLC (“Midnight Services,” “we,” “us,” or “our”). By accessing this website, requesting a quote, scheduling a service, or otherwise engaging with Midnight Services LLC, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use our website or services.

These Terms incorporate by reference our Privacy Policy.

2. About Midnight Services LLC

Midnight Services LLC provides hauling, aggregate material transport, dirt and gravel delivery, equipment transport, and related logistics services.

3. Use of Website

You agree to use this website only for lawful purposes. You may not:

  • Submit false, misleading, or fraudulent information
  • Attempt to access restricted areas, systems, or data
  • Interfere with website functionality, security, or other users’ access
  • Use automated tools (bots, scrapers, crawlers) without prior written consent
  • Reverse engineer, copy, or republish website content without permission
  • Use the website for any unlawful, abusive, harassing, or harmful purpose

We reserve the right to restrict, suspend, or terminate access for any violation of these Terms.

4. Service Requests & Estimates

Any pricing, estimates, or quotes provided through our website, by phone, by SMS, by email, or in person are non-binding until confirmed in writing and accepted by both parties. Estimates are subject to change based on:

  • Actual job conditions upon arrival
  • Material type, quality, and source availability
  • Site access, distance, weight, and time requirements
  • Equipment availability and routing
  • Weather, traffic, fuel costs, or other unforeseen factors

Final pricing may differ from initial estimates. We will notify you of material changes before completing work whenever practical.

5. No Guarantee of Availability or Results

While we make reasonable efforts to meet scheduling and delivery commitments, Midnight Services LLC does not guarantee:

  • Specific delivery, pickup, or arrival times
  • Same-day or next-day availability
  • Job completion timelines affected by weather, road conditions, traffic, equipment failure, or unforeseen site conditions
  • Material specifications beyond industry-standard descriptions

Time is not of the essence in any agreement with Midnight Services LLC unless expressly agreed to in writing and signed by an authorized representative.

6. SMS / Text Messaging Terms

This Section 6 governs all SMS and text message communications between Midnight Services LLC and customers or prospective customers. By providing your phone number and opting in via our website contact form or by otherwise providing express written consent, you agree to these SMS terms.

6.1 SMS Program Description and Use Cases

Midnight Services LLC operates an SMS text messaging program for the purpose of communicating with customers and prospective customers who have opted in to receive text messages. Messages sent through this program may include:

  • Quote responses to inquiries submitted through our website or by phone
  • Delivery confirmations and scheduling updates
  • Dispatch and arrival notifications
  • Service follow-ups and post-job communication
  • Responses to customer questions and support requests
  • Account-related notifications and reminders

Message frequency varies based on customer activity and typically ranges from 2 to 5 messages per month per recipient.

6.2 Consent

You will only receive SMS messages from Midnight Services LLC if you have provided your phone number and opted in by checking the SMS consent checkbox on our website contact form, or by otherwise providing express written consent. Consent to receive SMS messages is not a condition of purchase or use of our services.

6.3 Message and Data Rates

Message and data rates may apply to all SMS messages sent or received as part of this program. Rates are determined by your wireless carrier and are not the responsibility of Midnight Services LLC. Please contact your wireless carrier for details about your specific message and data plan.

6.4 Carrier Liability Disclaimer

Midnight Services LLC is not responsible for any delayed or undelivered messages. Wireless carriers — including but not limited to T-Mobile, AT&T, Verizon, Sprint, U.S. Cellular, Boost, Virgin Mobile, MetroPCS, Cricket, and Alltel — are not liable for delayed or undelivered messages arising from this SMS program.

6.5 Age Restriction

Our SMS messaging program is intended for users who are 18 years of age or older. By opting in to receive text messages from Midnight Services LLC, you represent and warrant that you are at least 18 years old. We do not knowingly collect phone numbers from or send messages to individuals under the age of 18.

6.6 Opting Out

You may opt out of receiving SMS messages from Midnight Services LLC at any time by replying STOP to any message you receive. After replying STOP, you will receive one final confirmation message and will not receive any further messages unless you opt back in.

6.7 Help and Support

For help or assistance with the SMS program, reply HELP to any message, or contact us at (435) 592-5112 or Jennifer@midnight-services.com.

6.8 Privacy

Information collected through SMS communications is handled in accordance with our Privacy Policy. We do not sell, rent, or share your phone number or SMS opt-in data with third parties for their marketing purposes. Phone numbers and SMS consent are not shared with third parties or affiliates for marketing purposes under any circumstances.

7. Customer Responsibilities & Job Site Safety

You are responsible for ensuring that the job site is safe, accessible, and ready for service. This includes:

  • Providing accurate site address, access instructions, and delivery location
  • Disclosing any underground utilities, septic systems, sprinklers, irrigation lines, drain fields, or other buried hazards
  • Disclosing overhead obstructions including power lines, low branches, or structures
  • Ensuring adequate access for trucks and equipment, including driveway and surface conditions
  • Securing necessary permits, HOA approvals, or property owner authorizations
  • Marking the desired drop or work location clearly
  • Keeping people, pets, and personal property clear of the work area during service

Midnight Services LLC is not liable for damage to:

  • Driveways, sidewalks, curbs, lawns, landscaping, sprinklers, or surfaces caused by the weight or movement of our equipment
  • Underground utilities, septic systems, irrigation, or drain fields not properly marked or disclosed
  • Property resulting from access routes you directed us to use
  • Damage caused by undisclosed or hidden site conditions
  • Damage caused by inaccurate job details you provided

If you have concerns about surface or subsurface conditions at your site, notify us in writing before service begins.

8. Material Specifications

Aggregate, dirt, gravel, and other bulk materials are natural products and may vary in color, texture, moisture content, and composition between loads, suppliers, and seasons. Midnight Services LLC does not guarantee exact uniformity between deliveries. We will source materials matching your specifications to industry-standard tolerances but cannot warrant exact match to samples or prior loads.

9. Intellectual Property

All content on this website — including text, graphics, logos, photographs, branding, designs, and the “Midnight Services” name and trade dress — is the property of Midnight Services LLC or its licensors and is protected by U.S. copyright, trademark, and other intellectual property laws. You may not copy, reproduce, modify, distribute, or republish any content without our prior written permission.

10. Third-Party Tools, Links & Services

Our website and services may include links to or integrations with third-party tools, platforms, or services (including mapping providers, payment processors, dispatch software, CRM systems, and form tools). We are not responsible for the content, policies, practices, performance, or availability of any third-party service. Use of third-party services is at your own risk and subject to their respective terms and privacy policies.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

Midnight Services LLC, its members, employees, contractors, and agents shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to:

  • Loss of profits, revenue, or business opportunity
  • Loss of use of property or equipment
  • Construction delays or downtime
  • Loss of data or records
  • Cost of substitute services
  • Damages arising from third-party claims

This limitation applies whether the claim is based in contract, tort (including negligence), warranty, statute, or any other legal theory, and whether or not Midnight Services LLC has been advised of the possibility of such damages.

All services are provided “as is” and “as available” without warranties of any kind, express or implied, except as expressly required by law. We disclaim all implied warranties including merchantability, fitness for a particular purpose, and non-infringement to the maximum extent permitted by law.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Midnight Services LLC, its members, employees, contractors, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your misuse of this website or our services
  • Your violation of these Terms
  • Inaccurate, incomplete, or misleading information you provided
  • Undisclosed site conditions, hazards, or hidden utilities
  • Your violation of any applicable law or third-party rights
  • Injury to persons or damage to property caused by your acts or omissions

13. Force Majeure

Midnight Services LLC shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to: acts of God, severe weather, natural disasters, fire, flood, road closures, equipment failure, fuel shortages, supply chain disruptions, labor disputes, government action, pandemic, war, or civil unrest. In such events, performance will be suspended until the condition resolves, and we will work in good faith to reschedule.

14. Binding Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

a. Agreement to Arbitrate

You and Midnight Services LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, our website, our services, our communications, or our relationship with you (collectively, “Disputes”) shall be resolved exclusively through binding individual arbitration, and not in court.

This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16) and survives termination of these Terms.

b. Arbitration Procedure

Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time the arbitration is initiated. The AAA Rules are available at www.adr.org.

  • The arbitration shall be conducted by a single arbitrator
  • The arbitration shall take place in Iron County, Utah, or by video / phone conference, at the consumer’s election
  • The arbitrator’s decision shall be final and binding
  • Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction

c. Class Action Waiver

You and Midnight Services LLC agree that any Dispute shall be brought and resolved only on an individual basis. Neither party may bring a claim as a plaintiff or class member in any class, collective, consolidated, mass, or representative action. The arbitrator shall have no authority to consolidate claims or preside over any form of class or representative proceeding.

If a court or arbitrator determines that this class action waiver is unenforceable as to any particular claim, that claim (and only that claim) shall be severed and brought in a court of competent jurisdiction in Iron County, Utah. All other claims remain subject to arbitration.

d. 30-Day Right to Opt Out

You have the right to opt out of this arbitration agreement and class action waiver. To opt out, you must send written notice to Midnight Services LLC at the address listed in Section 2 within 30 days of first agreeing to these Terms. Your notice must include your full name, address, phone number, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

e. Exceptions

Notwithstanding the above, either party may:

  • Bring an action in court to seek injunctive or equitable relief to protect intellectual property rights
  • Bring an action in court to enforce a previously rendered arbitration award

f. Costs of Arbitration

Each party shall bear its own attorneys’ fees and costs in arbitration, except as otherwise provided by the AAA Consumer Arbitration Rules or applicable law. The AAA Rules govern payment of filing fees and arbitrator compensation, including any consumer-protective fee provisions.

15. Governing Law & Venue

These Terms and any Dispute arising out of or related to them shall be governed by the laws of the State of Utah, without regard to its conflict of laws principles.

For any Dispute not subject to arbitration under Section 14 (including small claims, injunctive relief, or claims excluded from arbitration), the exclusive venue and jurisdiction shall be the state or federal courts located in Iron County, Utah. You consent to the personal jurisdiction of those courts and waive any objection to venue.

16. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, severed from these Terms. The remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any written job-specific agreement or invoice, constitute the entire agreement between you and Midnight Services LLC regarding your use of this website and our services. They supersede any prior or contemporaneous agreements, communications, or understandings.

18. Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. Midnight Services LLC may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law without notice to you.

19. No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it later. Any waiver must be in writing and signed by an authorized representative of Midnight Services LLC.

20. Changes to These Terms

Midnight Services LLC may update these Terms at any time. Updates will be posted on this page with a revised “Last Updated” date. Material changes affecting your rights — including changes to arbitration, governing law, or limitation of liability — will take effect 30 days after posting. Your continued use of our website or services after the effective date constitutes acceptance of the updated Terms.

21. Contact Information

If you have questions about these Terms and Conditions, contact:

Midnight Services LLC
6301 W 200 S
Cedar City, UT 84721
United States

📧 Email: Jennifer@midnight-services.com
📞 Phone: (435) 592-5112
🌐 Website: https://midnight-services.com

By using our website or engaging Midnight Services LLC for any service, you acknowledge that you have read, understood, and agreed to these Terms and Conditions, including the binding arbitration agreement and class action waiver in Section 14.

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