Terms and conditions

Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. The Shred415 Franchising, LLC (“Shred415”) website allows users to receive information about Shred415 (including e-mail newsletters), interact with other members or visitors to the Shred415 website, and book, cancel and pay for services offered at Shred415 facilities. The services (“Shred415 Services”) offered by Shred415 include but are not limited to the www.Shred415.com website, which is hosted in the United States and the Shred415 mobile application (the “Shred415 App”). These terms and conditions (“Terms of Service”) set forth the legally binding terms for your use of the Shred415 Services. By using the Shred415 Services, you agree to be bound by these Terms of Service, whether you are a “Visitor” (which means that you simply browse the Shred415 website or Shred415 App) or you are a “Member” (which means that you have registered with Shred415 and/or purchased one or more Shred415 Services). The term “User” refers to a Visitor or a Member. You are only authorized to use the Shred415 Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read this Terms of Service notice carefully and save it. If you do not agree with it, you should leave the Shred415 website or the Shred415 App and discontinue use of the Shred415 Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.

YOUR ACCEPTANCE

By using and/or visiting this website or using the Shred415 App, you signify your agreement to these Terms of Service, as well as Shred415’s “Privacy Policy” (posted at www.shred415.com and incorporated herein by reference). If you do not agree to any of these terms or to any of the terms of the Shred415 Privacy Policy, please do not use the Shred415 Services. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up to date version, which will always be posted at www.shred415.com. Shred415 may, in its sole discretion, modify or revise these Terms of Service, the Privacy Policy and any of its other policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

SHRED415 WEBSITE AND SHRED415 APP

These Terms of Service apply to all Users of the Shred415 website and the Shred415 App. The Shred415 website and Shred415 App may contain links to third party websites that are not owned or controlled by Shred415. Shred415 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, including privacy and data gathering practices. In addition, Shred415 will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve and release Shred415 from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Shred415 website or Shred415 App and to read the terms and conditions and privacy policy of each other website that you visit. Upon leaving the Shred415 website or Shred415 App these Terms of Service shall no longer govern.

SHRED415 ACCOUNTS

In order to access some features of the website and the Shred415 App, you will have to create a Shred415 account. You may not use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Shred415 immediately of any breach of security or unauthorized use of your account. Although Shred415 will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Shred415 or others due to such unauthorized use.

GENERAL TERMS

ELIGIBILITY

Membership is void where prohibited. This website is intended solely for Users who are 13 years of age or older. Any registration by, use of, or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Shred415 Services, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 13 and 18 may register on our website only with the involvement of a parent or guardian.

TERM

These Terms of Service shall remain in full force and effect while you use the Shred415 Services or are a Member. Subject to the limitations set forth in your membership agreement, you may terminate your membership at any time, for any reason, by following the instructions on the “My Account” page. Shred415 may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.

FEES

You acknowledge that Shred415 charges fees for its services, and Shred415 reserves the right to change its fees from time to time in its discretion. If Shred415 terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of your membership or other fees.

PASSWORD

When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Shred415 immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

USE OF THE WEBSITE AND SHRED415 APP — PERMISSIONS AND RESTRICTIONS

Shred415 hereby grants you permission to access and use the website and Shred415 App as set forth in these Terms of Service, provided that you agree not to distribute in any medium any part of the website or Shred415 App, without Shred415’s prior written authorization and you agree not to alter or modify any part of the website, the Shred415 App, or any of their related technologies. You will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations. Shred415 reserves the right to discontinue any aspect of the Shred415 website or Shred415 App at any time.

YOUR USE OF CONTENT ON THE SITE AND SHRED415 APP

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Shred415 website and Shred415 App. The content on the Shred415 website and Shred415 App, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Shred415, subject to trademark, trade dress, copyright and other intellectual property rights under the law. Content on the website and Shred415 App is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Shred415 reserves all rights not expressly granted in and to the website, the Shred415 App, and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Shred415 website or the Shred415 Services, provided by you to Shred415 are non-confidential and shall become the sole property of Shred415. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Shred415 website and Shred415 App, or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Shred415 website, the Shred415 App, or the Content therein.

TRADEMARKS

“Shred415,” “Shred415 REACH YOUR MAX”, the “Shred415” logo, and any other trademarks, service marks, trade names and identifying characteristics, including without limitation, the graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, trade names or trade dress of Shred415 and its affiliates in the U.S. and/or other countries for which applications are pending, or registrations have been issued. Shred415’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Shred415.

MOBILE SERVICES

The Shred415 Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Shred415 Services via your mobile phone, (ii) the ability to receive and reply to Shred415 messages, (iii) the ability to browse the Shred415 website and Shred415 App from your mobile phone and (iv) the ability to access certain Shred415 features through the Shred415 App you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Shred415 and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

ACCOUNT TERMINATION POLICY

Shred415 will terminate a User’s access to its website, the Shred415 App, or the Mobile Services if, under appropriate circumstances, they are determined to be a repeat infringer of this Terms of Service or any other policy of Shred415. YOU AGREE THAT YOUR USE OF THE SHRED415 WEBSITE AND MOBILE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SHRED415, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND MOBILE SERVICES AND YOUR USE THEREOF. SHRED415 MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR FROM THE CONDUCT OF ANY USERS OF THE SHRED415 SERVICES, WHETHER ONLINE OR OFFLINE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SHRED415 WEBSITE. SHRED415 DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SHRED415 WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SHRED415 WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE SHRED415 SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND SHRED415 EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SHRED415 CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SHRED415 SERVICES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SHRED415, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SHRED415 WEBSITE OR THROUGH USE OF THE MOBILE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SHRED415 SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The website, the Shred415 App, and the Mobile Services are controlled and offered by Shred415 from its facilities in the United States of America. Shred415 makes no representations that the Shred415 website, the Shred415 App, or the Shred415 Mobile Services are appropriate or available for use in other locations. Those who access or use the Shred415 website, the Shred415 App, or the Shred415 Mobile Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

INDEMNITY

You agree to defend, indemnify and hold harmless Shred415, its affiliates, parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Shred415 website, the Shred415 App, and the Mobile Services, or your violation of any term of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the Shred415 website, the Shred415 App, and the Mobile Services.

ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as neither the Shred415 website, the Shred415 App, nor the Shred415 Mobile Services are intended for children under 13. If you are under 13 years of age, then please do not use the Shred415 website, Shred415 App, or the Mobile Services

ASSIGNMENT

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shred415 without restriction.

GOVERNING LAW; VENUE AND JURISDICTION

You agree that: (i) the Shred415 website, the Shred415 App, and the Mobile Services shall be deemed solely based in Illinois; and (ii) the Shred415 website, Shred415 App and Shred415 Mobile Services shall be deemed a passive website that does not give rise to personal jurisdiction over Shred415, either specific or general, in jurisdictions other than Illinois. These Terms of Service shall be governed by the internal substantive laws of the state of Illinois, without respect to its conflict of laws principles. Any claim or dispute between you and Shred415 that arises in whole or in part from the Shred415 website, Shred415 App, or the Mobile Services shall be decided exclusively by a court of competent jurisdiction located in Cook County, Illinois, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Illinois. These Terms of Service, together with the Privacy Policy and any other legal notices published by Shred415 on the website and the Shred415 App, shall constitute the entire agreement between you and Shred415 concerning the Shred415 website, the Shred415 App, and the Shred415 Mobile Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Shred415’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Shred415 reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Shred415 website or Shred415 App following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SHRED415 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SHRED415 WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

ARBITRATION

YOU AND SHRED415 AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SHRED415 WEBSITE OR THE SHRED415 APP IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SHRED415 WEBSITE, SHRED415 APP, AND/OR THE MOBILE SERVICES, SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. Either Shred415 or you may demand that any dispute between Shred415 and you about or involving the Shred415 Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Cook County, Illinois, USA, provided that the foregoing shall not prevent Shred415 from seeking injunctive relief in a court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Shred415 website, the Shred415 App, or the Mobile Services, provided by you to Shred415 are non-confidential and shall become the sole property of Shred415. Shred415 shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

HOW TO CONTACT US

If you have any questions or concerns about the Shred415 Terms and Conditions for this site, its implementation or your personal information, you may contact us by email at: [email protected], by telephone at (773) 231-8057, or by postal mail to Shred415 Franchising LLC, 2105 N. Southport Ave., Unit 203, Chicago, IL 60614.