PLEASE CAREFULLY READ THE TERMS AND CONDITIONS SET FORTH HEREIN AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE AND ANY OTHER WEBSITE OWNED OR CONTROLLED BY SHRED-IT USA LLC AND SHRED-IT INTERNATIONAL ULC, AND THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES (COLLECTIVELY REFERRED TO HEREIN AS “Shred-it” OR “we” OR “us”), INCLUDING, WITHOUT LIMITATION, THE FOLLOWING WEBSITES: www.shredit.com, www.shredit.co.uk, www.shredit.ie, www.shredit.de, www.shredit.fr, and www.securit.com (COLLECTIVELY, THE “Website”). BY ACCESSING OR USING THE WEBSITE, ITS SERVICES OR ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AS THE SAME MAY BE AMENDED, MODIFIED, SUPPLEMENTED OR RESTATED BY SHRED-IT FROM TIME TO TIME (THE “Terms and Conditions”). ABSENT SUCH AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR USE, AND SHALL NOT ACCESS OR USE, THE WEBSITE OR ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE.
The use of the Website and its services and all content included on or otherwise made available through the Website is subject to the Terms and Conditions. We reserve the right to amend, modify, supplement or restate the Terms and Conditions from time to time, without any notice or liability to you, by posting the amended, modified, supplemented or restated terms and conditions on the Website. Your continued use of the Website will constitute your acceptance of and agreement to the then current version of the Terms and Conditions, so please check back regularly to read the then current version of the Terms and Conditions.
The Terms and Conditions were last updated on July 25, 2014.
NO WARRANTIES OR REPRESENTATIONS
THE WEBSITE AND ITS SERVICES AND ALL CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SHRED-IT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT. SHRED-IT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO, AND DOES NOT ENDORSE, THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE WEBSITE, ITS SERVICES OR ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, AND SHRED-IT WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR SUCH CONTENT. WE HAVE NO DUTY TO UPDATE THE WEBSITE OR ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE, ITS SERVICES OR THE CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING OR USING THE WEBSITE, ITS SERVICES OR ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY WEBSITE OR CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
YOUR USE OF THE WEBSITE, ITS SERVICES AND ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABE THROUGH THE WEBSITE IS AT YOUR OWN RISK. WE SPECIFICALLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO ACCESS TO, USE OF OR RELIANCE ON THE WEBSITE, ITS SERVICES OR ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. IF, NOTWITHSTANDING THE FOREGOING, WE SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY RELATED TO THE WEBSITE, ITS SERVICES OR ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABE THROUGH THE WEBSITE, OUR TOTAL LIABILITY FOR ALL SUCH DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, SHALL IN NO EVENT EXCEED IN THE AGGREGATE THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) OR THE AMOUNT PAID BY YOU FOR ACCESSING THE WEBSITE, IF ANY.
You shall defend, indemnify and save harmless us and our respective parents, owners, shareholders, subsidiaries, affiliates, franchisees, officers, directors, employees, consultants, representatives and agents from and against all claims, causes of action, demands, losses, damages, costs, expenses and liabilities (including, without limitation, actual legal fees and other professional fees) arising from or out of, or as a result of or relating in any manner whatsoever to, (a) your breach of any of the Terms and Conditions (including any terms, conditions or other provisions incorporated by reference), (b) your access to or use of the Website, its services or any content included on or otherwise made available through the Website, or (c) your use of, reliance on, publication, communication or distribution of the Website, its services or any content included on or otherwise made available through the Website.
COPYRIGHT AND TRADEMARKS
All content included on or otherwise made available through the Website is the exclusive property of Shred-it and/or its content suppliers and is protected by United States and international copyright law and treaty provisions, trademarks laws, and other proprietary rights laws. You must not copy, reproduce, republish, post or repost, transmit, display, perform, distribute, modify, publish, license, create derivative works from, link to or frame in any other website, use on any other website, or transfer or sell any content included on or otherwise made available through the Website or any part thereof without our prior written approval. However, you may download one copy of the content included on or otherwise made available through the Website for your personal, non-commercial viewing only, provided that you do not remove or alter any trademark, copyright or other proprietary notice. Unauthorized use of the Website and/or any content included on or otherwise made available through the Website may violate applicable copyright, trademark or other intellectual property laws and/or other laws.
SECURIT®, SHRED-IT®, COMMUNITY SHRED-IT® and all other trademarks and trade dress (including, without limitation, graphics, logos, page headers, button icons, scripts, and service names) and trade names appearing on the Website are owned by Shred-it and/or our licensors. You may not use any such trademarks, trade dress or trade names without the express written permission of the trademark owner.
If you want to reproduce any of the content included on or otherwise made available through the Website, please send us a request here. We may approve or deny any such request in our sole and absolute discretion.
If you have reason to believe that any content included on or otherwise made available through the Website infringes your copyrights or the copyrights of a third party, please send written notification to the Copyright Agent identified below. Please include in your written notification all of the following:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive copyright that is allegedly infringed;
(b) Identification of the copyrighted work believed to have been allegedly infringed;
(c) Identification of the content included on or otherwise made available through the Website that is believed to be infringing or to allegedly be the subject of infringing activity;
(d) The address, telephone number, and, if available, electronic mail address where we may contact you;
(e) A statement that you have a good faith belief that use of the content at issue in the manner described in the notification is allegedly not authorized by the copyright owner, its agent, or applicable law; and
(f) A statement, submitted under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
The contact information for the Copyright Agent for the Website is as follows:
Shred-it USA LLC
2794 South Sheridan Way
Oakville, ON L6J7T4
USE OF SITE
The websites www.shredit.com, www.securit.com, and any other website that is part of the Website that relates to products and/or services marketed in the United States (such the websites, collectively, the “U.S. Website”) are directed to those individuals and entities located in the United States. The U.S. Website is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the U.S. Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on the U.S. Website. We make no representation that the information, opinions, advice or other content included on or otherwise made available through the U.S. Website is appropriate or that the products and/or services marketed on the U.S. Website are available outside of the United States. Those who choose to access the U.S. Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
The Website is not intended for access or use by children under the age of 18. Use of the Website is void where prohibited by applicable law. In our sole and absolute discretion, in addition to any other rights or remedies available to us and without any liability whatsoever, we at any time and without notice or liability to you may terminate or restrict your access to the Website or any part or component of the Website. In the event of such termination or restriction, the Terms and Conditions shall continue to apply and be binding upon you with respect to your prior access to and use of the Website, its services and any content included on or otherwise made available through the Website.
COMMUNICATION USING THE WEBSITE
The Website may contain bulletin board services, chat areas, news groups, forums and other communications facilities designed to allow you to communicate with others. You may not use the Website or any of its features to communicate anything infringing, defamatory, threatening, hateful, harassing, abusive, unlawful, vulgar, obscene, inappropriate, harmful or potentially harmful, or invasive of anyone's privacy, or anything that could constitute or encourage conduct that would be considered a criminal offense, give rise to criminal or civil liability, or otherwise violate any law. We do not generally monitor or filter the content posted within these communications facilities; however, we may review and delete any communications or content without cause, notice or explanation.
You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, hateful, harassing, abusive, unlawful, vulgar, obscene, inappropriate, harmful or potentially harmful, or invasive of anyone's privacy, or anything that could constitute or encourage conduct that would be considered a criminal offense or give rise to criminal or civil liability, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material or trademarks of any third party without that party's permission or (iv) otherwise violate any applicable laws.
We shall not be subject to any obligations of confidentiality or privacy regarding any communication, information or materials that you submit online or on or through the Website except as specifically and expressly set forth in the Terms and Conditions, or as specifically and expressly set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically and expressly agreed to in writing by Shred-it or required by law.
You hereby grant us a non-exclusive, world-wide, irrevocable right and license to use, copy, reproduce, republish, post or repost, transmit, display, perform, distribute, modify and create derivative works from any communications, comments, suggestions, feedback, material or information you post or otherwise provide on or through the Website or to us ("Your Postings"). You waive in favor of us and our successors and assigns all moral rights and other rights you may have in or to Your Postings.
You hereby represent and warrant that you have all necessary rights in and to each of Your Postings and that Your Postings, when displayed on or through the Website or otherwise used by us, will not infringe any proprietary or other rights of any third party. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US AND OUR RESPECTIVE PARENTS, OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, FRANCHISEES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES AND AGENTS FROM AND AGAINST ALL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, DAMAGES, COSTS, EXPENSES AND LIABILITIES (INCLUDING, WITHOUT LIMITATION, ACTUAL LEGAL FEES AND OTHER PROFESSIONAL FEES) ARISING FROM OR OUT OF, OR AS A RESULT OF OR RELATING IN ANY MANNER WHATSOEVER TO, ANY BREACH OF ANY OF THE ABOVE REPRESENTATIONS AND WARRANTIES.
OUR PRODUCTS AND SERVICES
The Website may describe products, programs and services that are not available or are prohibited in some countries. These descriptions do not imply that we intend to make those products, programs or services available in every country, or that those products, programs and services may be used lawfully in your country.
All sales of our products and services are subject to our standard terms and conditions of sale, which we may provide to you upon request.
For your convenience only, we may provide on or through the Website links to various other websites that may be of interest to you. Third party websites that are linked from or through the Website are not owned by us or under our control. We do not have, we do assume, and we expressly disclaim any responsibility or liability for any content, communications, materials or harmful components at or made available through those linked websites. We do not endorse the content contained in or made available through any third party website and we do not make any representations or warranties of any kind whatsoever, whether express, implied or statutory, with respect to any third party website or such content, including, without limitation, any representation or warranty regarding the legality, accuracy, reliability, quality, completeness, timeliness, non- infringement, security, or suitability of any content on or made available through any third party website. We do not make any representation or warranty regarding the merchantability and fitness for a particular purpose of any content, goods or services on or made available through any third party website. Nor do we make any representation or warranty of any kind, whether express, implied or statutory, that the operation of any third party website will be uninterrupted or free of error, viruses or any other harmful components. All links are provided for your convenience only and if you choose to access any third party website, you do so entirely at your own risk.
If you wish to provide a link to the Website from your website, you may only link to our home page. You must not use any of our trademarks, trade dress or copyrighted content on your website, and you may not use the link to suggest that we sponsor, endorse, approve of or are affiliated with you or your website.
RELATIONSHIP OF THE PARTIES
Neither your access to or use of the Website or any content included on or made available through the Website nor your agreement to be bound by the Terms and Conditions shall create or be held, construed or used to create or imply any relationship of partners, joint ventures, fiduciaries, employer and employee, or principal and agent between (a) you or any of your affiliates and (b) us or any of our respective parents, owners, shareholders, subsidiaries, affiliates, franchisees, officers, directors, employees, consultants, representatives or agents.
NO UNLAWFUL OR PROHIBITED USE PERMITTED
As a condition of your use of the Website and any content included on or made or available through the Website, you hereby warrant to Shred-it that you will not use the Website or any such content for any purpose that is unlawful or otherwise prohibited by the Terms and Conditions. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain nor attempt to obtain any material or information through any means not intentionally made available on or through the Website.
The Terms and Conditions shall be governed in all respects by the laws of the State of Delaware (United States), without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms and Conditions, such part of the Terms and Conditions will be deemed modified to the extent necessary to conform to the law. The other provisions of the Terms and Conditions or parts thereof will not be affected by any such modification.
With the exception of any action seeking equitable relief (including, without limitation, for the purpose of protecting any Shred-it confidential information and/or intellectual property rights), any controversy, claim or other dispute arising out of or relating to the Terms and Conditions or the Website or any content included on or otherwise made available through the Website shall be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association that are in effect at the time such arbitration begins. Any such controversy, claim or other dispute shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Wilmington, Delaware, United States.
All information relating to or disclosed by any party in connection with the arbitration of any controversy, claim or dispute hereunder shall be treated by the parties, their representatives, and the arbitrator as confidential and proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties to the arbitration. Each party shall bear the burden of its own costs and expenses (including, without limitation, legal fees) incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
You may have other agreements with Shred-it. Those agreements are separate and in addition to the Terms and Conditions. The Terms and Conditions do not modify, revise or amend the terms of any other agreements you may have with Shred-it, unless such modification, revision or amendment is expressly provided for in such other agreement.
The Terms and Conditions, together with all terms, conditions or other provisions incorporated by reference, constitute the entire agreement between us and you pertaining to your use of the Website and may not be modified except by us as stated above. We may assign the Terms and Conditions, in whole or in part, at any time. Our failure to insist upon or enforce strict compliance with any provision of the Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. Certain portions of the Terms and Conditions may be superseded by the terms and conditions of other contracts between you and us. If any part of the Terms and Conditions is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining Terms and Conditions or parts thereof. We reserve the right at any time to change or discontinue any feature or aspect of the Website or begin charging fees for access to the Website.
As used herein, the words "we", "us" "our", and “Shred-it” refer to Shred-it USA LLC and Shred-it International ULC, and their respective subsidiaries and affiliates.
Information Collection, Use and Disclosure
We collect, use and disclose certain personal information from and about you during your use of the Website.
Collection: We collect information regarding the areas of the Website you visit, the websites you previously visited, the websites you link to when you leave our website, and the information and data you request, view and download from or through the Website. We also collect information you provide through the Website (for example, through guestbook, submission forms, e-mails, chat groups, postings, order forms and other submissions).
We may also collect information from you through the use of "cookies". Cookies are small pieces of data, which are stored on your computer to enable your web browser to remember something about the Website. Cookies are useful because they allow us to personalize the Website for you. For example, cookies can be used to list the contents of your virtual shopping cart or to remember your password so that you do not need to enter it every time you log onto our Website.
Use: We use the information we collect from you to verify your identity and protect against error and fraud, comply with legal and regulatory requirements, personalize the Website to your interests, enhance your experience on the Website, provide you with information regarding our products and services, process your orders, bill you, send marketing materials to you and to achieve other purposes as may, from time to time, be permitted by law. We will use and disclose your personal information only for the purposes for which it was collected or as required by law. We do not sell, trade or otherwise transfer your personally identifiable information to any third parties, except that we may provide your personally identifiable information to third party service providers who assist us in operating the Website, conducting our business or servicing you, provided that such third party service providers agree to keep such information confidential.
Disclosure: We share aggregated demographic information about our users with our business associates, but this information cannot be used to identify any particular individual. We also disclose your personal information to our payment and delivery associates to allow the processing, billing and delivery of your orders. We may also disclose your information when we believe it is appropriate to comply with applicable laws or regulations, enforce the Terms and Conditions or other Website policies or protect our or others’ rights, property or safety. In the unlikely event that we, any of our affiliated companies, brands or all or substantially all of our assets are acquired by an unrelated third party, your personal information may be among the transferred assets. By providing your personal information to us, you agree that we may disclose your personal information, on a confidential basis, to any prospective transferee and its professional advisors for the purposes of their due diligence investigations, the completion of any such transaction and the continued operation of the acquired business.
YOU HEREBY CONSENT TO US COLLECTING, USING AND DISCLOSING YOUR PERSONAL INFORMATION AS DESCRIBED ABOVE.
Retention of Information
We will retain your personal information only for as long as necessary to fulfill the purposes for which the information was collected. Once the information is no longer required to fulfill these purposes, it will be destroyed, erased or made anonymous.
Accuracy of Information
We want to keep your personal information up-to-date, accurate and relevant for its intended use. We rely on you to let us know if your address, telephone number or other information changes, so that we may provide you with the best possible service.
Access to Information
At your request, we will provide you with a statement explaining the extent to which we hold personal information about you, and we will explain how that information has been used or disclosed by us. You may request access to your personal information we have on record in order to ensure it is accurate. We do not routinely update personal information unless necessary. Nonetheless, if our records regarding your personal information are inaccurate or incomplete, we will amend that information at your request. To access your personal information, a request must be submitted in writing to us as stated above. We will respond to your request for access or information in a reasonable time. There may be times when we are unable to fulfill your request - for example, if providing access to your personal information would reveal confidential commercial or proprietary information or personal information about someone else (and we are unable to separate your data), or if we are prohibited by law from disclosing the information.
The security of your personal information is important to us. We will use security safeguards to protect your personal information against loss, theft, and unauthorized access. When we are required by law to provide information, we take reasonable steps to verify the legal authority for the collection and to disclose only the information that is legally required to be disclosed. We review our procedures and security measures to ensure that they are properly administered and remain effective and reasonable given the sensitivity of the information.
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If you wish to have any of your personal information removed from our databases, or if you no longer want us to send any further communications to you, please contact email@example.com. Your request will be promptly processed, but may not be processed in time to remove you from communications already in progress. Please note that even if you have opted out of receiving marketing communications, we may still contact you for purposes of administering your account.
Children's Privacy and Parental Controls
We do not solicit any personal information from children. If you are not at least 18 years of age, you are not authorized to access or use the Website. Parents should be aware that there are parental control tools available online that can be used to prevent children from submitting information online without parental permission or from accessing material that is harmful to minors.
Disclaimer to Security
Notification of Changes