These Terms and Conditions govern visitors to our Website and users of our recycling and other services (collectively, “the Service”). You agree to these Terms, as they may be modified from time to time by us. If you do not agree to these Terms and our Privacy Policy, you may not use the Website or our Service. If you breach these Terms or our Privacy Policy, we may terminate our Service and your access to the Website. The form of Acknowledgement and Agreement to Service Terms is found at the end of this document.

User Conduct

You agree that you will comply with these Terms and that you will not engage in conduct or communications with or with respect to the Website that: (a) are obscene, fraudulent, indecent, defamatory, abusive, harassing, or threatening to others; (b) contain viruses, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component that may damage, intercept, expropriate or interfere with any system, data, or personal information; (c) advocate or encourage any illegal activity; (d) infringe on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violate the privacy of individuals, including, but not limited to, other users of the Website; or (f) violate any applicable local, state, national or international law.

You also agree that you will not (g) attempt to gain unauthorized access to any portion or feature of the Website or our systems, networks or servers by hacking, password “mining” or any other illegitimate means. You agree not to (h) access, acquire, copy, monitor or circumvent any portion of our Website, systems, networks or servers to obtain or attempt to obtain any Content, materials, documents, or information through any means not purposely made available through the Website. We reserve the right to bar any such activity or use in our discretion.

By uploading, sending, posting or otherwise providing any information or material, you grant us an unrestricted, irrevocable, worldwide, non-exclusive license to reproduce, display, perform, modify, transmit, distribute, or use it in our sole discretion. You agree that we are free to use any ideas, concepts, know-how or techniques that you provide us for any purpose, including to create derivative works.

Third Party Websites and Information

Our Website may have links to other websites or make reference to information, documents, software, materials and/or services provided by other parties. We have no control over these websites or resources, nor do we sponsor or endorse them by implication. You agree that we are not responsible or liable for any content, advertising, or other materials available through these third-party websites and resources, and that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any content, goods, or services available through a third-party website or internet resource.

If a third-party website links to our Website, the third party agrees pursuant to these Terms to remove and/or disable such link should we so demand.

Intellectual Property

The entire content of the Website, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (collectively, “Content”) is owned controlled, or licensed by or to Tough Stuff Recycling.

The Website and the Content, except for that in the public domain, is protected from unauthorized copying and dissemination by Canadian and United States laws for copyright, trademark, trade dress, unfair competition, as well as international conventions and other intellectual property laws.

All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Tough Stuff Recycling or its licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

We will grant you permission to use portions of the Website, provided that you do not change or delete any proprietary notices from downloaded or printed materials; copy or post such information on any networked computer; broadcast it in any media; or make any representations or warranties relating to such documents or the Content.

Other than this limited permission, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute, in any way (including “mirroring”) to any other computer, server, website, medium or commercial enterprise, any part of the Website or any Content without our express prior written consent.

Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or the Content except permitted or consented by these Terms.

Digital Millennium Copyright Act Notice

We respect the intellectual property rights of others and expects users of the Website and our Service to do the same. We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing.

If you believe our Website infringes your copyright, please provide the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringedA description of the copyrighted work that you believe has been infringedThe location on the Websites of this allegedly infringing materialYour address, telephone number and email address and any other pertinent information sufficient to allow us to contact youA statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the lawA statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf

Notices of claimed copyright infringement should be directed to:

By mail

Tough Stuff Recycling

145 Authority Drive

Fitchburg MA. 01420

By email

infringement@toughstuffrecycling.com

(Please include “Notice of Infringement” in the subject line.)

No Warranties

THE SERVICE, THIS WEBSITE AND ITS CONTENT IS FOR GENERAL INFORMATION ONLY AND PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.

WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE OR WEBSITE WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE WEBSITE OR THE SITE CONTENT.

WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SERVICE, WEBSITE OR THE WEBSITE CONTENT, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE ARE IN FACT AWARE OF ANY SUCH PURPOSE).

WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE OR THE WEBSITE CONTENT.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL TOUGH STUFF RECYCLING, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE, WEBSITE, OR INFORMATION CONTAINED WITHIN THE WEBSITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE IS TO STOP USING THE SITE. NOTWITHSTANDING THESE LIMITATIONS, ANY LIABILITY UNDER THESE TERMS WITH RESPECT TO THE SERVICE SHALL BE LIMITED TO THE AMOUNT PAID TO US FOR THE SERVICE. ANY LIABILITY WITH RESPECT TO THE WEBSITE OR ITS CONTENT SHALL BE LIMITED TO THE COST INCURRED BY YOUR USE OF THE WEBSITE, IF ANY, OR $100, WHICHEVER IS LESS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.

Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred, and any claim by you is subject to the Limitation of Liability set forth above. Claims related to the terms, conditions and warranties of actual purchased goods and services are not subject to this limitation.

Indemnity

You will indemnify, defend, and hold us and our officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, suits, prosecutions and other proceedings brought by or on behalf of any person not a party to this Agreement (collectively “Claims”), and will pay all resulting damages, liabilities, penalties, judgments, settlements, expenses (including reasonable attorneys’ fees and costs) (collectively, “Losses”) arising out of or relating to any third party claim concerning: (a) your use of the Website or our Service; (b) your breach of these Terms or other agreement for the Service; (c) or your violation of applicable law; and (d) any claim involving alleged infringement or misappropriation of third-party rights by you and/or your Content. If we are obligated to respond to a third party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys’ fees, and for our time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates.

Governing Law

The laws of Massachusetts, excluding its conflicts of law rules, shall govern these Terms and your use of the Service. Any action to enforce these Terms shall be brought in the state or federal courts found in Massachusetts.

Dispute Resolution

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting Tough Stuff Recycling.

Entire Agreement

These Terms constitute the entire agreement between you and us, Tough Stuff Recycling, with respect to the Service and other subject matter contained in these Terms and supersedes all prior agreements, understandings and negotiations between the parties.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Other than the one-year time frame to bring any claim under these Terms, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right to modify these Terms. By continuing to access or use our Service after we modify them, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: info@toughstuffrecycling.com

ACKNOWLEDGEMENT AND AGREEMENT TO SERVICE TERMS

By creating an Account with us or using our Service, you represent and warrant that:

You are 18 years of age or older and competent to contract.Your identity and any other information you provide is accurate and complete.You are legally authorized to contract for the Service on behalf of yourself, your household, or your company or organization.Your use of the Service will not violate any applicable laws or regulations.

BY CLICKING THE ACCEPTANCE BOX FOUND IN OUR WEBSITE PORTAL (WHERE LINKS TO THESE TERMS AND OUR PRIVACY POLICY ARE LINKED), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY

YOU AGREE TO PAY FOR THE SERVICE AS SET FORTH IN OUR WEBSITE PORTAL.

YOU REPRESENT THAT YOU ARE NOT RELYING ON ANY REPRESENTATION OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE TERMS.

YOU AGREE THAT YOUR ACCEPTANCE IN OUR WEBSITE PORTAL HAS THE SAME FORCE AND EFFECT AS AN AGREEMENT SIGNED IN WRITING.

YOU AGREE TO RECEIVE ALL REQUIRED NOTICES ELECTRONICALLY, EITHER BY OUR POSTING SUCH NOTICES ON THE WEBSITE OR BY SENDING SUCH NOTICES TO YOUR EMAIL ADDRESS.

This Privacy Policy describes our policies and procedures on the collection, use and disclosure of your information when you use our Website or our recycling and other services (collectively, “the Service”). By using the Service, you agree to the collection and use of information in accordance with this Privacy Policy. If you do not agree to this Privacy Policy and our Terms of Use, please do not use our website or the Service.

“Personal Information” is data about an individual who can be identified from that data, or by combining it with other data. Personal Information is usually your name in combination with another identifier, such as date of birth, postal address, email address, telephone number, or government-issued identification number. Personal Information does not include anonymous or aggregated data that can no longer be used to identify a specific person, even if combined with other data. The specific definition of Personal Information varies from one jurisdiction to another.

Collection of Personal Information

“Personal Information,” is data about an individual who can be identified from that data, or by combining it with other data. Personal Information is usually your name in combination with another identifier, such as date of birth, postal address, email address, telephone number, or government-issued identification number. Personal Information does not include anonymous or aggregated data that can no longer be used to identify a specific person, even if combined with other data. The specific definition of Personal Information varies from one jurisdiction to another

We may ask you to provide us with Personal Information so we can contact you, communicate with you or transact with you or your organization. When you register an account with us, we collect your first and last name, organization name (if applicable), email address, and password. When you purchase our Service, we also collect your delivery name and and phone number. We keep this information through pick up and disposal and for an additional period to respond to any inquiries from you.

When you contact us with question or concerns, we collect your name, your email address, the subject of your inquiry, and information about any questions or concerns you raise with us.

We do not collect your credit card information or payment account information. Purchase of the Service goes through our payment processing vendor, who may maintain it for a period after purchase to process refunds and respond to your inquiries.

You may subscribe to emails from us to learn about improvements or changes in our Service. When you click on a link in our emails to you, we track that click-through data. You may unsubscribe from these emails by clicking the “unsubscribe” link in them or by contacting us at info@toughstuffrecycling.com.

If you post material on our Website or social media platforms, we may collect your name, email address, the content of any of your posts or other submissions. We reserve the right to remove such material.

When you visit our Website, we automatically collect information such as your IP address, device ID, browser setting, operating system, referring domain, language preferences, mobile carrier, mobile device type and ID, other diagnostic data and website activity. We call such information “Usage Data.” Usage Data can also be collected through Cookies and other tracking technologies.

Cookies and Tracking Technologies

“Cookies”are small files that are placed on your device containing the details of your browsing history on websites. Cookies and similar tracking technologies, such as beacons, tags, scripts and pixels, track your activity on our Website and Service, store certain information and collect Usage Data. We use cookies and these technologies to transact with you, gather navigation information, enhance and personalize your experience, analyze usage patterns, and improve our Website and Service.

Our cookies generally fall into one of four categories: Essential, Functional, Analytics and Target.

Essential Cookies are necessary to provide you with products and services available through our Website. If you refuse them, it will impact your ability to access some of the Website’s functions and features.

Performance Cookies help us enhance the performance and functionality of our Website, products and service, but are not necessary for your use. Still, certain functions or features may become unavailable if you refuse them.

Analytics Cookies collect information that is used to help us understand the use of our Website, products and services, the effectiveness of our marketing campaigns, or to help us customize our Website to enhance your experience.

Target Cookies record your visit to our Website, the pages you have visited and the links you have followed, so we can recognize you as a prior visitor and track your activity on our Website and others you visit. These Cookies remain on your device for us to use during a next visit to our Website. In contrast to these “persistent” cookies, some cookies (“session cookies”) are deleted when your browsing session has ended.

We also allow third parties to use Cookies on our Website to collect information about your online activities over time and across different websites you visit. This information is used to provide advertising tailored to your interests on websites you visit, also known as interest-based advertising, and to analyze the effectiveness of such advertising.

Most browsers are set to accept cookies automatically. You can set your browser to decline all cookies automatically or to prompt you for a response each time a cookie is offered. If you decline cookies, you may find that you cannot access all our Website’s features. Opt-outs are device- and browser-specific and may not work in all instances.

To learn more about the use of Cookies for interest-based advertising and analytics or to exercise choice regarding those Cookies, please visit the Digital Advertising Alliance. For information about how Google Analytics collects and uses data when you use our Website, see https://www.google.com/policies/privacy/partners, and to opt out of Google Analytics, visit the Google Analytics Opt-out Browser Add-on.

There are “do not track” or similar browser choices available to internet users with respect to online activity, but our Website will not operate any differently when a “do not track” signal is received.

Use of Personal Information

The Company may use Personal Information to:

Provide, maintain, monitor and improve our Service.Manage your Account as a user of the Service.Contact you with news and information about our Service or your transactions.Send you with news and information about other services that may interest you.Attend to your requests that you communicate to us.Effect a business transfer via merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred.Perform analytics, research, advertising and marketing, and operational business purposes.

Sharing of Personal Information

We may share your personal information:

With service providers who assist us in providing our Website and Service, who are obligated to protect it, not disclose it nor use it for any other purpose.For the business transfers described above.With our affiliates, such as parents or subsidiaries, obligated to follow this Privacy Policy.With other users if you share personal information on our social media or public areas.With business partnersto offer you certain products, services or promotions.Pursuant to a subpoena, court order, or other legal process or as otherwise required or requested by law, regulation, or government authority programs, or to protect our rights or the rights or safety of third parties.With your consent or as otherwise disclosed at the time of data collection or sharing.

We may share information that has been de-identified or aggregated without restriction.

Retention and Protection of Personal Information

We will retain your Personal Information as long as is necessary for the purposes set out in this Privacy Policy, which include compliance with our legal obligations, resolution of disputes, and enforcement of our legal agreements and policies.

We process Personal Information in the United States at our operating offices and other places where the parties or servers involved in the processing are located. Information may be transferred to and maintained on computers located outside of your jurisdiction where the data protection laws may differ than those of your own jurisdiction.

We use reasonable and appropriate security standards consistent with our industry to protect your Personal Information. No security measures, however, can guarantee protection from malware, hackers or other threats to Personal Information, and you should not expect such a guarantee.

Personal Information of Minors

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you become aware that your child has provided us with Personal Information, please contact us. We will take steps to remove that information from our servers.

Links to Other Websites

Our Service may contain links to other websites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. Please note the “Last updated” date at the bottom of this Privacy Policy.

Contact Us

If you have any questions about this Privacy Policy, you can contact us at info@toughstuffrecycling.com (Attn: Privacy).

Our postal address is Tough Stuff Recycling, 145 Authority Drive, Fitchburg MA. 01420.