Terms and Conditions

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 infringed
A description of the copyrighted work that you believe has been infringed
The location on the Websites of this allegedly infringing material
Your address, telephone number and email address and any other pertinent information sufficient to allow us to contact you
A 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 law
A 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: [email] (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

Last Updated: February 06, 2023

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.