Terms of Use &
Conditions
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms
of Use”) apply to the Shred Connection web site located
at www.shredconnection.com, and all associated sites linked
to www.shredconnection.com by Shred Connection, its subsidiaries
and affiliates, including Shred Connection sites around the
world (collectively, the “Site”). The Site is
the property of Shred Connection, Inc. (“Shred Connection
”) and its licensors. BY USING THE SITE, YOU AGREE TO
THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Shred Connection reserves the right, at its
sole discretion, to change, modify, add or remove portions
of these Terms of Use, at any time. It is your responsibility
to check these Terms of Use periodically for changes. Your
continued use of the Site following the posting of changes
will mean that you accept and agree to the changes. As long
as you comply with these Terms of Use, Shred Connection grants
you a personal, non-exclusive, non-transferable, limited privilege
to enter and use the Site.
Content
All text, graphics, user interfaces, visual
interfaces, photographs, trademarks, logos, sounds, music,
artwork and computer code (collectively, “Content”),
including but not limited to the design, structure, selection,
coordination, expression, “look and feel” and
arrangement of such Content, contained on the Site is owned,
controlled or licensed by or to Shred Connection, and is protected
by trade dress, copyright, patent and trademark laws, and
various other intellectual property rights and unfair competition
laws.
Except as expressly provided in these Terms
of Use, no part of the Site and no Content may be copied,
reproduced, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted or distributed in any way
(including “mirroring”) to any other computer,
server, Web site or other medium for publication or distribution
or for any commercial enterprise, without Shred Connection’s
express prior written consent.
You may use information on Shred Connection
products and services (such as data sheets, knowledge base
articles, and similar materials) purposely made available
by Shred Connection for downloading from the Site, provided
that you (1) not remove any proprietary notice language in
all copies of such documents, (2) use such information only
for your personal, non-commercial informational purpose and
do not copy or post such information on any networked computer
or broadcast it in any media, (3) make no modifications to
any such information, and (4) not make any additional representations
or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”,
“page-scrape”, “robot”, “spider”
or other automatic device, program, algorithm or methodology,
or any similar or equivalent manual process, to access, acquire,
copy or monitor any portion of the Site or any Content, or
in any way reproduce or circumvent the navigational structure
or presentation of the Site or any Content, to obtain or attempt
to obtain any materials, documents or information through
any means not purposely made available through the Site. Shred
Connection reserves the right to bar any such activity.
You may not attempt to gain unauthorized access
to any portion or feature of the Site, or any other systems
or networks connected to the Site or to any Shred Connection
server, or to any of the services offered on or through the
Site, by hacking, password “mining” or any other
illegitimate means.
You may not probe, scan or test the vulnerability
of the Site or any network connected to the Site, nor breach
the security or authentication measures on the Site or any
network connected to the Site. You may not reverse look-up,
trace or seek to trace any information on any other user of
or visitor to the Site, or any other customer of Shred Connection,
including any Shred Connection account not owned by you, to
its source, or exploit the Site or any service or information
made available or offered by or through the Site, in any way
where the purpose is to reveal any information, including
but not limited to personal identification or information,
other than your own information, as provided for by the Site.
You agree that you will not take any action
that imposes an unreasonable or disproportionately large load
on the infrastructure of the Site or Shred Connection’s
systems or networks, or any systems or networks connected
to the Site or to Shred Connection.
You agree not to use any device, software
or routine to interfere or attempt to interfere with the proper
working of the Site or any transaction being conducted on
the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate
identifiers in order to disguise the origin of any message
or transmittal you send to Shred Connection on or through
the Site or any service offered on or through the Site. You
may not pretend that you are, or that you represent, someone
else, or impersonate any other individual or entity.
You may not use the Site or any Content for
any purpose that is unlawful or prohibited by these Terms
of Use, or to solicit the performance of any illegal activity
or other activity which infringes the rights of Shred Connection
or others.
Privacy
Shred Connection’s Privacy Policy applies
to use of this Site, and its terms are made a part of these
Terms of Use by this reference. To view Shred Connection’s
Privacy Policy, click here. Additionally,
by using the Site, you acknowledge and agree that Internet
transmissions are never completely private or secure. You
understand that any message or information you send to the
Site may be read or intercepted by others, even if there is
a special notice that a particular transmission (for example,
credit card information) is encrypted.
Links to Other Sites and to the Shred Connection Site
This Site may contain links to other independent
third-party Web sites (“Linked Sites”). These
Linked Sites are provided solely as a convenience to our visitors.
Such Linked Sites are not under Shred Connection’s control,
and Shred Connection is not responsible for and does not endorse
the content of such Linked Sites, including any information
or materials contained on such Linked Sites. You will need
to make your own independent judgment regarding your interaction
with these Linked Sites.
Disclaimers
SHRED CONNECTION DOES NOT PROMISE THAT THE
SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE
ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED,
OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.
THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS”
AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED
ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SHRED CONNECTION
CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM
THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE
FEATURES. SHRED CONNECTION DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHRED
CONNECTION DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS
AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED
TO YOUR USE OF THE SITE AND/OR ANY SHRED CONNECTION SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND
ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SHRED CONNECTION
FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP
USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF
IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages,
liability or injuries caused by any failure of performance,
error, omission, interruption, deletion, defect, delay in
operation or transmission, computer virus, communication line
failure, theft or destruction of or unauthorized access to,
alteration of, or use, whether for breach of contract, tort,
negligence or any other cause of action.
Shred
Connection reserves the right to do any of the following,
at any time, without notice: (1) to modify, suspend or terminate
operation of or access to the Site, or any portion of the
Site, for any reason; (2) to modify or change the Site, or
any portion of the Site, and any applicable policies or terms;
and (3) to interrupt the operation of the Site, or any portion
of the Site, as necessary to perform routine or non-routine
maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event
will Shred Connection be liable to you for any indirect, consequential,
exemplary, incidental or punitive damages, including lost
profits, even if Shred Connection has been advised of the
possibility of such damages.
If, not withstanding the other provisions
of these Terms of Use, Shred Connection is found to be liable
to you for any damage or loss which arises out of or is in
any way connected with your use of the Site or any Content,
Shred Connection’s liability shall in no event exceed
the greater of (1) the total of any subscription or similar
fees with respect to any service or feature of or on the Site
paid in the six months prior to the date of the initial claim
made against Shred Connection (but not including the purchase
price for any Shred Connection shred products), or (2) US$100.00.
Some jurisdictions do not allow limitations of liability,
so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Shred Connection,
its officers, directors, shareholders, predecessors, successors
in interest, employees, agents, subsidiaries and affiliates,
harmless from any demands, loss, liability, claims or expenses
(including attorneys’ fees), made against Shred Connection
by any third party due to or arising out of or in connection
with your use of the Site.
Violation of These Terms of Use
Shred Connection may disclose any information
we have about you (including your identity) if we determine
that such disclosure is necessary in connection with any investigation
or complaint regarding your use of the Site, or to identify,
contact or bring legal action against someone who may be causing
injury to or interference with (either intentionally or unintentionally)
Shred Connection’s rights or property, or the rights
or property of visitors to or users of the Site, including
Shred Connection’s customers. Shred Connection reserves
the right at all times to disclose any information that Shred
Connection deems necessary to comply with any applicable law,
regulation, legal process or governmental request. Shred Connection
also may disclose your information when Shred Connection determines
that applicable law requires or permits such disclosure, including
exchanging information with other companies and organizations
for fraud protection purposes.
You acknowledge
and agree that Shred Connection may preserve any transmittal
or communication by you with Shred Connection through the
Site or any service offered on or through the Site, and may
also disclose such data if required to do so by law or Shred
Connection determines that such preservation or disclosure
is reasonably necessary to (1) comply with legal process,
(2) enforce these Terms of Use, (3) respond to claims that
any such data violates the rights of others, or (4) protect
the rights, property or personal safety of Shred Connection,
its employees, users of or visitors to the Site, and the public.
You agree that Shred Connection may, in its
sole discretion and without prior notice, terminate your access
to the Site and/or block your future access to the Site if
we determine that you have violated these Terms of Use or
other agreements or guidelines which may be associated with
your use of the Site. You also agree that any violation by
you of these Terms of Use will constitute an unlawful and
unfair business practice, and will cause irreparable harm
to Shred Connection, for which monetary damages would be inadequate,
and your consent to Shred Connection obtaining any injunctive
or equitable relief that Shred Connection deems necessary
or appropriate in such circumstances. These remedies are in
addition to any other remedies Shred Connection may have at
law or in equity.
You agree that Shred Connection may, in its
sole discretion and without prior notice, terminate your access
to the Site, for cause, which includes (but is not limited
to) (1) requests by law enforcement or other government agencies,
(2) a request by you (self-initiated account deletions), (3)
discontinuance or material modification of the Site or any
service offered on or through the Site, or (4) unexpected
technical issues or problems.
If Shred Connection
does take any legal action against you as a result of your
violation of these Terms of Use, Shred Connection will be
entitled to recover from you, and you agree to pay, all reasonable
attorneys’ fees and costs of such action, in addition
to any other relief granted to Shred Connection. You agree
that Shred Connection will not be liable to you or to any
third party for termination of your access to the Site as
a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your
access to or use of the Site, including all disputes, will
be governed by the laws of the United States and by the laws
of the State of Massachusetts without regard to its conflicts
of laws provisions. You agree to the personal jurisdiction
by and venue in the state and federal courts in Westfield,
Massachusetts, and waive any objection to such jurisdiction
or venue. Any claim under these Terms of Use must be brought
within one (1) year after the cause of action arises, or such
claim or cause of action is barred. No recovery may be sought
or received for damages other than out-of-pocket expenses,
except that the prevailing party will be entitled to costs
and attorneys’ fees. In the event of any controversy
or dispute between Shred Connection and you arising out of
or in connection with your use of the Site, the parties shall
attempt, promptly and in good faith, to resolve any such dispute.
If we are unable to resolve any such dispute within a reasonable
time (not to exceed thirty (30) days), then either party may
submit such controversy or dispute to mediation. If the dispute
cannot be resolved through mediation, then the parties shall
be free to pursue any right or remedy available to them under
applicable law.
Void Where Prohibited
Shred Connection administers and operates the
www.shredconnection.com Site from its location in Westfield,
Massachusetts USA; other Shred Connection sites may be administered
and operated from various locations outside the United States.
Although the Site is not yet accessible worldwide, not all
features, products or services discussed, referenced, provided
or offered through or on the Site are available to all persons
or in all geographic locations, or appropriate or available
for use outside the United States. Shred Connection reserves
the right to limit, in its sole discretion, the provision
and quantity of any feature, product or service to any person
or geographic area. Any offer for any feature, product or
service made on the Site is void where prohibited. If you
choose to access the Site from outside the United States,
you do so on your own initiative and you are solely responsible
for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any
Content or any copy or adaptation of such Content, or any
product or service offered on the Site, in violation of any
applicable laws or regulations, including without limitation
United States export laws and regulations.
If any of the provisions of these Terms of
Use are held by a court or other tribunal of competent jurisdiction
to be void or unenforceable, such provisions shall be limited
or eliminated to the minimum extent necessary and replaced
with a valid provision that best embodies the intent of these
Terms of Use, so that these Terms of Use shall remain in full
force and effect. These Terms of Use constitute the entire
agreement between you and Shred Connection with regard to
your use of the Site, and any and all other written or oral
agreements or understandings previously existing between you
and Shred Connection with respect to such use are hereby superseded
and cancelled. Shred Connection will not accept any counter-offers
to these Terms of Use, and all such offers are hereby categorically
rejected. Shred Connection’s failure to insist on or
enforce strict performance of these Terms of Use shall not
be construed as a waiver by Shred Connection of any provision
or any right it has to enforce these Terms of Use, nor shall
any course of conduct between Shred Connection and you or
any other party be deemed to modify any provision of these
Terms of Use. These Terms of Use shall not be interpreted
or construed to confer any rights or remedies on any third
parties.
Copyright Information
A copyright is a property right in an original
work of authorship. Copyright is recognized in most countries
of the world by statutory copyright laws.
Copyright exists in the expression of an idea,
but not the idea itself. Copyrightable expressions can take
many forms but are usually categorized as literary, musical,
dramatic, pantomime and choreography, pictorial, graphic,
sculptural, computer programs, motion pictures, and sound
recordings.
To obtain permission to use Shred Connection
copyrighted materials, please refer to Rights and Permissions
below.
To report claims of copyright infringement,
please refer to Claims of Copyright Infringement.
Rights and Permissions
If you have any questions concerning the usage
or licensing of Shred Connection copyrighted materials, for
example, photographs, video footage, Shred Connection advertisements
or other Shred Connection materials, please submit your detailed
request in writing. Please be sure to include any surrounding
copy or text to the Shred Connection material.
Requests may be emailed to copyright@shredconnection.com,
or mailed to Shred Connection, Inc., Attention: Rights and
Permissions, 22 Cherry St., Westfield, MA 01085.
Shred Connection's Unsolicited Idea Submission Policy
Shred Connection or any of its employees do
not accept or consider unsolicited ideas, including ideas
for new advertising campaigns, new promotions, new or improved
products or technologies, product enhancements, processes,
materials, marketing plans or new product names. Please do
not send any original creative artwork, suggestions or other
works. The sole purpose of this policy is to avoid potential
misunderstandings or disputes when Shred Connection's products
or marketing strategies might seem similar to ideas submitted
to Shred Connection. So, please do not send your unsolicited
ideas to Shred Connection or anyone at Shred Connection. If,
despite our request that you not send us your ideas, you still
send them, then regardless of what your letter says, the following
terms shall apply to your idea submission.
TERMS OF IDEA SUBMISSION
You agree that: (1) your ideas will automatically
become the property of Shred Connection, without compensation
to you, and (2) Shred Connection can use the ideas for any
purpose and in any way, even give them to others.
Feedback and Information
Any feedback you provide at this site shall
be deemed to be non-confidential. Shred Connection shall be
free to use such information on an unrestricted basis.
Warranties and Disclaimers
Shred Connection, Inc. intends for the information
and data contained in the Shred Connection web site to be
accurate and reliable, however, since the information and
data have been compiled by Shred Connection from a variety
of sources, it is provided "as is." SHRED
CONNECTION EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS,
EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO
OR REFERENCED BY THE SHRED CONNECTION WEB SITE, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS
OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR
A PARTICULAR PURPOSE AND NON INFRINGEMENT.
Copyright:
If you have any questions concerning the usage
or licensing of Shred Connection copyrighted materials, contact
the Rights and Permissions/Copyright department by email at
copyright@shredconnection.com.
Claims of Copyright Infringement:
Shred Connection, Inc. is registered with the
United States Copyright Office as a Service Provider. Notifications
of claimed copyright infringement should be submitted to Shred
Connection Copyright Agent.
The information contained in this
web site is subject to change without notice.
Copyright © 2001-2003 Shred Connection, Inc. All rights
reserved.
Shred Connection, Inc., 22 Cherry Street, Westfield, MA 01085,
USA.
Updated by The Shred Connection Legal Team
on 7/30/03
Effective July 2003
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