Information Collection, Use, and Sharing
How this information is transferred to a third party: We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
Your Access to and Control Over Information, Opt out statement/ modify/delete statement: You may opt out of any future contact from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
General Terms And Conditions Of Service
“…ANY PARTICIPATION IN THIS SERVICE WILL CONSTITUTE ACCEPTANCE OF TERMS AND CONDITIONS…”
“By accessing and using this service, either by one time service, a extended term period, by purchase order, you accept and agree to be bound by the terms and provision of Shred With Us Confidential Materials Destruction Services Agreement, Bin Request Delivery Form, and Purge Shredding Appointment Confirmation . In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.
Shred With Us cannot guarantee that the Site or its content is error free and Shred With Us makes no representations about the technical accuracy or functionality of the Site or that the Content is accurate, error free or up to date.
THIS SITE IS PROVIDED BY SHRED WITH US ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHRED WITH US MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. SHRED WITH US DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SHRED WITH US MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT SHRED WITH US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. SHRED WITH US MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
LIMITATION OF LIABILITY
Neither Shred With Us, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site or the operation of the Site or failure of the Site to operate. In no event shall Shred With Us be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if Shred With Us has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this agreement and the parties acknowledge that Shred With Us would not grant access to the Site without your agreement to this term.
THIRD PARTY TRADEMARKS
Trademarks displayed on this Site not owned by Shred With Us are the property of their respective owners, who may or may not be affiliated with Shred With Us. Nothing contained on this Site should be construed as granting any license or right to use any
This Site may link to or be linked from other websites that are not maintained by, or related to, Shred With Us. Shred With Us does not endorse, and is not responsible for, the content of any of those third-party websites.
SALES OF SERVICES OR OTHER FEES
All sales of services are subject to Shred With Us’s standard terms and conditions of sale, bin request and agreement, a copy of which is available upon request. Fuel surcharges may apply if determined to obtain reasonable relief from sudden and unforeseen increases in diesel fuel prices.
Shred With Us makes no representation that materials on this Site are appropriate or available for use in locations outside the United States. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this Site outside the United States do so on their own initiative and are responsible for compliance with local laws.
You agree that your use of this Site, this Agreement and any disputes relating thereto shall be governed in all respects by the laws of the State of South Carolina. Any dispute relating to this Agreement shall be resolved solely in the state or federal courts located in Columbia, South Carolina. Any Agreement and the transactions contemplated herein shall be governed by, interpreted, construed and enforced in the County of Lexington, in accordance with the laws of the State of South Carolina.
REPRESENTATION AND LIMITATIONS
The Client hereby represents, and warrants, that it has full power and authority to destroy the Designated Materials contracted to the Company and that such destruction shall be in compliance with all applicable laws, rules, regulations and shall not violate or breach any agreement, order, judgment, decree or award by which the Client or the Designated Materials may be bound.
BILLING FEES AND PAYMENTS
The Company shall bill the Client in arrears or ahead for services rendered during the preceding month or current advance month at the rate set forth on Schedule A (the Service Fee). All Service Fees shall be due fifteen (15) day (s) from the date of each service date or in advance of service or Company reserves the right to suspend service. Client agrees to pay a service charge of 1-1/2% per month, a true rate of 18% per annum on any amount past due and any expenses and or pay reasonable attorney fees if it becomes necessary to file for collections
BINDING NATURE AND ASSIGNMENT
Client may not assign any Agreement without the written consent of the Company.
Any Agreement shall be binding upon Company and the Client and their respective heirs, legal representatives, and successors in interest. Any Agreement constitutes the entire agreement between Company and Client with respect to the subject matter of Agreement. No change, waiver, or discharge of Agreement shall be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced.
Each party shall be excused from any delay or failure in performance under any Agreement for any period if and to the extent that such delay or failure is caused by acts of God, governmental actions, labor unrest, riots, unusual traffic delays, locked doors, impeded access, human error or other causes beyond its control.
DIVEWAYS PROPERTY AND PARKING AREAS
Client represents and warrants that any right of way provided by Client from the equipment location to the most convenient public right of way is sufficient to bear weight of all Company’s vehicles reasonably required to services. Company shall not be responsible or liable for damage, or any cost or expenses arising from such damage, to any pavement curbing, driving surface or accompanying sub-surface resulting from Company’s performance of service, indirect, incidental or consequential.
RIGHT TO RELY ON INSTRUCTIONS
Company may act in reliance upon any instruction, instrument, or signature reasonably believed by Company to be genuine, and may assume that any of Clients’ employees or any employee of Client’s affiliates or subsidiaries giving any written notice, request, or instruction has the authority to do so must be confirmed with Company by email at [email protected] .
Client agrees to retain Company for all destruction services on an exclusive basis at all facilities covered by a term agreement for the term of the contract, unless authorized and written consent is assigned to Client from Company.
Itemized lists or descriptions of contents of materials submitted by the Client or given for destruction to the Company shall be generally considered for recordkeeping, reconciliation, and reference purposes only, and are not to considered proof that said documents contained on such lists and descriptions are in fact contained in the materials accepted. Company will make provision for validation of such document contents in advance and under special terms and fess at the request of the Client.
Client shall not deliver to Company any material considered toxic or dangerous or which is regulated under any federal or state law or regulation relating to hazardous materials. In the event of the accidental or negligent custodial transfer of hazardous or regulated waste, including biohazard, Client agrees to arrange appropriately, safely and legally assume custody of such hazardous materials at their expense. Further indemnifying the Company from any property damage or personal injury resulting from such transfer of material.
COMPLIANCE WITH CONTRACTS LAWS AND REQULATIONS
Client shall be responsible for, and warrant compliance with, all contractual restrictions and all applicable laws, rules and regulations, including but not limited to environmental laws and contractual restrictions and laws governing the confidentiality, retention and disposition of information contained in any materials delivered to Company. Company shall comply with applicable laws, statutes, regulations and ordinances. Client shall be responsible for, and warrants compliance with, all contractual restrictions and all applicable laws, rules and regulations, including but not limited to environmental laws and laws governing the confidentiality, retention and disposition of information contained in any materials delivered to Company. Client is the owner or legal custodian of the materials. Client shall reimburse Company for any reasonable costs, fees or expenses (including reasonable attorneys’ fees) incurred by Company in litigation which Company becomes involved solely because it is shredding materials for Client, directly or indirectly.
The Client hereby agrees to indemnify and hold harmless the Company and its members, officers, employees and agents, from, against and with respect to any and all losses, damages, claims obligations, liabilities, costs and expenses, (including, without limitation, reasonable attorney’s fees and costs and expenses incurred in the investigating, preparing, defending, against or prosecuting any litigation, claim, proceeding or demand) of any kind or character (a Loss) arising out of or in connection with (a) the destruction of any Designated Materials, (b) Losses incurred by Authorized Persons in connection with the Company’s provision of services hereunder, or (c) Losses incurred by Client resulting from the dissemination of any Designated Materials. Notwithstanding the foregoing, the Client shall have no obligation to indemnify the Company for any Loss directly related to the gross negligence of intentional misconduct of the Company. The Company shall not be responsible or liable in any manner whatsoever for the contents of any item delivered to it for shredding, and shall have no liability for the shredding of materials pursuant to Client’s direction. Company’s maximum liability for any claims arising with respect to any particular services performed hereunder shall not exceed the aggregate amount Client paid for the particular service during the one (1) month preceding the event, which gives rise to the claim. In the event the parties are engaged in a One Time Shredding Services Purge, for any claims arising with respect to the services, Company’s maximum liability shall not exceed the total amount of fees paid for the particular service. COMPANY’S LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES, AND IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING TORT, CONTRACT, OR OTHERWISE, SHALL SWU BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CONTRACT CANCELLATION CLAUSE
No provision set forth in a term agreement, outside the acts of God, even then must be at the grace of the Company, which allows for early cancellation of agreements therein. Should the Client or the parties of and their respective officers, directors, shareholders, members, employees, agents, purchaser, merging party, transferee, representatives, insurers, successors and assigns, breach the term period of the initial term or renewal term prior to its expiration. The Client understands the consequence, shall be responsible for the actions thereto, and shall be billed immediately in the amount of three (3) times the service fee outlined in Schedule A (the Service Fee). Including the full term period times the frequency of service of each location, in additional to any costs, proceedings, or events associated with the early termination or breach of contract. In addition, Company is entitled to three hundred and fifty ($350.00) dollars and any outstanding scheduled services remaining in the initial term of this agreement and all outstanding balances. Any location billed by the pound that breaches agreement, for purposes of clarification, will be settled at thirty-five ($35.00) per bin at the highest count of history of service and no lower than an average monthly billing, including the aforementioned calculation. The Client also agrees to pay said invoice of the aforementioned immediately upon invoice; due net 15.
WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of service Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of Agreement.
If Company brings a lawsuit in order to enforce or interpret the provisions of this agreement, the client hereby agrees the Company shall be entitled to reasonable attorney’s fees up to two hundred and fifty ($250.00) dollars an hour including court costs, in addition to any other relief to which that may be entitled.
The provisions of this agreement, including but not limited to, terms, pricing, and proprietary information shall be kept in strict confidence and shall not be disclosed to any person, including, but not limited to, the Company’s competition or any outside parties without the prior written consent of Company President. Consent can be withheld for any reason based on all the foregoing. Based on the consideration of these facts hereby agree that during this agreement and for a period of two (2) years after termination of this agreement. In the event of an actual breach of confidentiality, the Corporation shall be entitled to an injunction restraining the Client. If a lawsuit is necessary to enforce this agreement, the Client agrees to pay all legal expenses and attorney’s fees including court costs.
SHRED WITH US TRADEMARKS
Thank you for visiting our Site. Please contact us at [email protected] if you have any questions.