SHRED VAULT USER TERMS
These Shred Vault User Terms (“Terms”) govern all purchases and/or usages of the Shred Vault Kiosk (Kiosk), Shred Vault Bag, and document shredding and other services (“Services”) associated with Shred Vault, LLC, d/b/a Shred Vault, and its affiliates, subsidiaries, and contractors (“Shred Vault” or “us” or “we” or “our”).
These Terms and the other referenced documents (including our Privacy Policy) constitute a binding legal agreement (“Agreement”) between you and Shred Vault commencing upon your voluntary submission of personal information via the Website, including your selection of cookie preferences, or via email or any other means, or upon your documented use or attempted use of the Services, which includes but is not limited to the ordering of Shred Vault Bags, creation of an Account, or the use of the Guest Deposit service option.
From time-to-time Shred Vault may sell or offer products or services that are provided by third parties (“Third-Party Services”) and such Third-Party Services are subject to the applicable terms of use of such third-party service providers.
1.1. By using the Services or establishing an Account (if required as described in Section 1.2), you confirm that (a) you are the age of majority in your state and (b) you have the legal capacity to enter into and be bound by this Agreement on behalf of yourself or the organization on whose behalf you are acting.
1.2. You are required to have a customer account (“Account”) to obtain certain features and benefits of our products and the Services, such as the receipt of a Certificate of Destruction (see Section 2.3 below), the Limited Warranty (see Section 6.1 below), your ability to access and review historical use of services under your Account and the potential availability of third-party insurance coverage which we may procure from time-to-time relating to use of Services (subject to the terms, conditions, and limits of such insurance). If you establish an Account, your Account is personal to you as the Account owner. You are solely responsible for all use of your Account, even if unauthorized, for maintaining the confidentiality of your log-in information, and for monitoring your Account for unauthorized use. We have no liability for any unauthorized use under your Account. We also offer a Service which we call Guest Deposit which does not require an Account. The Guest Deposit service option may be requested by you through the touch screen customer interface at a Kiosk. If you request the Guest Deposit Service through the touch screen process, you will provide a mobile phone number so that a one-time unique PIN can be sent to your mobile phone. Upon receiving the PIN, you will enter it at the Kiosk in order to use the Guest Deposit Service. If you use the Guest Deposit Service you will not receive a Certificate of Destruction (see Section 2.3 below), will not receive the Limited Warranty (see Section 6.1 below), will not have access to any account history showing your use of our Service, and will not be covered by any third party insurance which we may procure from time-to-time relating to use of Services.
1.3. We will utilize email or other forms of electronic or wireless communication for purposes of (a) you entering into this Agreement; (b) you ordering Services; and (c) our delivery of purchase receipts, notices, records of transactions, and other information. From time-to-time we may update these Terms and our Privacy Policy by posting updated versions to our Website.
1.4. You waive any legal requirement that may require an original or non-electronic signature or agreement, or delivery or retention of documents in paper format.
1.5. We may record, store, and monitor communications between you and Shred Vault and your use of the Kiosks, including photographs and video of your usage of the Kiosks.
1.6. We will collect, use, and retain your voluntarily supplied comments, personal information, and retain captured images of you in accordance with our Privacy Policy.
2.1. We will make available for purchase through the Website, or through other means (including but not limited to sale at retail outlets) or otherwise provide via promotional giveaways, Shred Vault Bags (singular “Shred Vault Bag”) for your use solely at a Kiosk in connection with the Services.
2.2. We will place Kiosks at locations determined by us from time-to-time at our sole discretion to receive Shred Vault Bags from you that are deposited by you pursuant to the Services provided. The locations of Kiosks will be identified by us from time-to-time on the Website. We cannot guarantee the availability or full-time operation of the Kiosks.
2.3. Subject to the terms and conditions of this Agreement, we will provide the Services for the pickup, processing, transport, delivery, and secure destruction of the Shred Vault Bag and its contents that you deposit in a Kiosk. If you have an Account, we will furnish an electronic Certificate of Destruction after the destruction of your registered Shred Vault Bag and its contents.
2.4. We may procure the services of a responsible third-party to perform all or part of the Services, assuring that said third-party complies with all security standards and procedures required of us under this Agreement and by law, and further that said third-party shall accept in writing the fiduciary responsibility requisite of such transfer of custody. We will remain liable for all Services performed for you as required under this Agreement. While we will record all custody transfers and/or the use of any subcontractor to render contracted services under this Agreement, we are not required under this Agreement to make you aware of any use of any subcontractor, including their identity, notwithstanding any obligation to comply with valid data subject requests as defined in our Privacy Policy.
2.5. We will collect, protect, use, and retain personal information, and provide methods for accessing data subject rights as described in our Privacy Policy.
2.6. We will comply with all applicable local, state, and federal laws, statutes, regulations, and ordinances, as they relate to the Services provided hereunder.
3.1. You will deposit the Shred Vault Bag before the expiration date, which is thirty-six (36) months from the date of purchase or registration, whichever comes first. Services will not be available with respect to any Shred Vault Bag beyond its expiration date.
3.2. You may not resell any Shred Vault Bag. You will not use a Shred Vault Bag for any purpose other than disposal of its contents by way of a Kiosk in connection with the Services. You are fully responsible for any and all consequences of the misuse of a Shred Vault Bag.
3.3. You will limit what you put in the Shred Vault Bag to paper-based materials to be securely shredded pursuant to the Services. You will not place more than ten (10) pounds of paper-based materials into a Shred Vault Bag. Once filled, you will securely close the Shred Vault Bag via the self-sealing tab, taking care not to damage the Shred Vault Bag or the unique bar code printed on the Shred Vault Bag. Shred Vault Bags without a valid barcode or with a damaged or defaced barcode will not be accepted by a Kiosk. Shred Vault Bags that are beyond their expiration date will not be accepted by a Kiosk. You will not deposit a reopened Shred Vault Bag once it is sealed. You will only deposit properly sealed Shred Vault Bags into a Kiosk. You will not write, draw, or attach anything to a Shred Vault Bag.
3.4. You will not place any material in a Shred Vault Bag that is highly flammable, or that may attract vermin or insects, or that is otherwise dangerous or unsafe to store or handle, or any material that is regulated by federal or state law or regulation relating to the environment or hazardous materials. You will only place paper-based materials in Shred Vault Bags for deposit in Kiosks. You will not place non-paper materials in Shred Vault Bags; however, staples, paper clips and other light fasteners are allowed. You will reimburse Shred Vault for damage to Kiosks and other equipment, and for injury to personnel resulting from your breach of your responsibilities and obligations under this Section 3.4.
3.5. If your Shred Vault Bag was purchased online through the Website, it will be registered to the Account used to place the order. If your Shred Vault Bag was obtained through other means, such as purchase at a retail outlet or via a promotional giveaway, you will register the Shred Vault Bag prior to deposit unless you are using our Guest Deposit Service. You will take the Shred Vault Bag to one of Shred Vault’s Kiosks for deposit, and you will be required to scan the unique barcode located on the Shred Vault Bag in order to obtain access to the Kiosk. You will place only one Shred Vault Bag in the Kiosk for each scan, and completely close the Kiosk door to engage the lock. You must completely close the Kiosk deposit door to securely deposit your Shred Vault Bag. Once a Shred Vault Bag is placed in a Kiosk for disposal, it cannot be retrieved under any circumstance. You may not place any materials into a Kiosk other than a properly filled and sealed Shred Vault Bag. By virtue of using any of our Services, you represent and warrant that you have full authority to dispose of the contents of a Shred Vault Bag by way of the Services in accordance with this Agreement.
3.6. You must be the owner, legal custodian, or otherwise have the right to deliver for confidential destruction all materials you place in a Shred Vault Bag and into a Kiosk. You will reimburse us for any expenses reasonably incurred by us (including reasonable legal fees) in the event of a dispute with any third-party concerning the destruction of the materials provided by you to us.
3.7. You will follow and comply with Shred Vault’s reasonable operational requirements, as modified from time-to-time, regarding Shred Vault Bags, Kiosks, and similar matters as specified on the Website and on instructions provided on the Shred Vault Bag and the Kiosk.
3.8. You are responsible for, and warrant your compliance with, all contractual restrictions and all applicable local, state, and federal laws, rules, and regulations, including but not limited to environmental laws and contractual restrictions and laws governing the confidentiality, retention, preservation, and disposition of information contained in any materials delivered to us via a Shred Vault Bag and our Kiosks.
4.1. This Agreement commences upon your voluntary submission of personal information via the Website, including your selection of cookie preferences, or via email or any other means, or upon your documented use or attempted use of the Services, which includes but is not limited to the ordering of Shred Vault Bags, creation of an Account, or the use of Guest Deposit services.
4.2. Your election to register for recurring automatic Shred Vault Bag purchases will continue until terminated by you or Shred Vault. With respect to such recurring automatic purchases, your payment method will be charged, and Shred Vault Bags sent to you periodically until notice of termination is received by us prior to any such charge or shipment. By registering for recurring automatic purchases of Shred Vault Bags from Shred Vault, we will charge your Account via the payment method associated with it automatically on a recurring basis until cancelled by you or the termination of the Account by Shred Vault.
4.3. Shred Vault may suspend or terminate this Agreement or deactivate Shred Vault Bags without notice if (a) you are in breach of any of these Terms; (b) your use of the Services is prohibited by law or is disruptive to, adversely impacts, or causes a malfunction to the Services, Shred Vault’s Kiosks, or the use and enjoyment of the Services by other users; (c) Shred Vault receives an order from a court; (d) Shred Vault ceases to offer the Services; (e) we determine that you are abusing the Services; (f) you fail to pay the Fees when due; (g) your bank or debit or credit card provider denies or discontinues your payment method for any reason; or (h) with respect to recurring automatic purchases of Shred Vault Bags, your debit or credit card expires and you fail to update your payment information.
4.4. You may terminate your Account provided there are no open transactions, including but not limited to outstanding Fees owed to Shred Vault, by requesting the deletion of all applicable personal information as described in the Privacy Policy. Access to or use of Shred Vault, historical information, and all warrantees relevant to the use of Shred Vault are forfeited upon termination. Shred Vault reserves the right to retain whatever information is required to satisfy its legal or regulatory retention obligations.
5.1. Unless you are using the Services pursuant to an authorized free promotional giveaway, you are required to pay the Fees applicable to the Services and any other applicable charges, including taxes. You authorize Shred Vault to charge your debit or credit card or other accepted payment method for payment of the Fees.
5.2. Fees may be charged (a) in advance of us providing the Services or (b) on a periodic basis. Set-up fees, activation fees, installation fees and other non-recurring charges will typically be charged at the time of purchase. Recurring Fees will be billed in advance and usage charges will be billed in arrears.
5.3. If any portion of your bill is not paid by the due date, Shred Vault may charge you late interest in the amount of 1.5% per month of the amount past due or the maximum amount allowed by applicable law, whichever is less. If Shred Vault utilizes a collection agency or legal action to recover monies due, you shall reimburse us for all expenses incurred, including attorneys’ fees. You agree that Shred Vault may charge your debit or credit card or other accepted payment method until all amounts due to Shred Vault are paid in full.
6.1. If you have established an Account which was in effect at the time you deposited in a Kiosk a Shred Vault Bag which was registered to such Account, then Shred Vault provides a limited warranty that sets forth enhanced potential remedies as specified in, and subject to the terms of, this Section 6.1 (the “Limited Warranty”) if materials which meet the requirements set forth in Section 3 have been securely and properly placed by you in a sealed Shred Vault Bag which has been properly deposited by you in a Kiosk in accordance with our procedures (a “Deposited Shred Vault Bag”) are not shredded and a court of competent jurisdiction issues a final, non-appealable decision ruling that such failure to shred such materials was due solely to the gross negligence or willful misconduct of Shred Vault or its third party service provider and as a result of such failure such court determines you have incurred direct out-of-pocket damages in excess of the limitation otherwise set forth in Section 6.6 (a “Final Court Decision”). In the event of such a Final Court Decision the maximum aggregate liability of Shred Vault and its third party service providers for any and all claims arising from or relating to such failure to shred such materials shall not exceed, and your sole remedy for such failure shall be limited to, the amount of your direct out-of-pocket damages which are awarded to you in a Final Court Decision, but in any event not to exceed one million dollars ($1,000,000) in total. If any of the requirements, terms or conditions set forth in this Section 6.1 are not satisfied then Shred Vault, its third-party service providers and each of their respective owners, officers, employees, or affiliates shall not have any liability under this Section 6.1. This Limited Warranty and the provisions of this Section 6.1 do not apply to Guest Deposit Services. Such Limited Warranty and the terms of this Section 6.1 are subject to all other provisions of these Terms, including but not limited to the following sections which may further limit the scope or applicability of the Limited Warranty and this Section 6.1, Sections 6.3, 6.4, 6.5, and 8.3.
6.2. You may, at your option, insure the contents of any Shred Vault Bag through third-party insurers selected by you for any amount. You shall cause your insurers to waive any right of subrogation against Shred Vault.
6.3. Any claim or suit by you of any nature against Shred Vault (including but not limited to a claim under the Limited Warranty, if applicable) must be presented in writing within a reasonable time, in no event longer three (3) months after your deposit of a Shred Vault Bag into a Shred Vault Kiosk. Shred Vault may exercise all rights granted to warehousemen by the Uniform Commercial Code as adopted in the state where the Kiosks are located.
6.4. EXCEPT AS SET FORTH IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER GUEST OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS OR USEFULNESS OF THE SERVICE, AND ANY WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY.
6.5. IN NO EVENT SHALL SHRED VAULT (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), OR ITS THIRD-PARTY LICENSORS, PROVIDERS, OR SUPPLIERS, BE LIABLE FOR: (A) ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO OR LOSS OF DATA ARISING OUT OF THE USE, PARTIAL USE, OR INABILITY TO USE THE SERVICES, OR COSTS OF RECOVERING OR REPRODUCING ANY DATA, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF SHREDVAULT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES; (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PERSON OR ENTITY; OR (C) PRODUCING, DELIVERING OR OTHERWISE DISCLOSING PURUSANT TO A COURT OR ADMINISTRATIVE ORDER SUBPOENA OR DISCOVERY REQUEST ANY MATERIAL DEPOSITED IN A SHRED VAULT, SHRED VAULT BAG OR DEPOSITED IN A SHRED VAULT KIOSK.
6.6. EXCEPT FOR VALID CLAIMS UNDER AND SUBJECT TO THE LIMITED WARRANTY IN SECTION 6.1 (IF APPLICABLE), IN NO EVENT SHALL SHRED VAULT’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY SERVICES, ACT OR OMISSION, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED LESSER OF THE FEES PAID TO SHRED VAULT FOR THE SERVICE AT ISSUE OR THE SUM OF $100.
7.1. You agree to indemnify, hold harmless, and defend (at our option) Shred Vault, its officers, directors, employees, affiliates, agents, and subcontractors, and any other third-party provider who furnishes Services to you against all claims, liabilities, damages, costs and expenses, including reasonable attorney’s fees, in any way related to or arising from (each a “Loss”): (a) the violation of applicable laws, regulations, or this Agreement by you; (b) the violation of rights of any third party by you; (c) claims for infringement of any intellectual property rights arising from your use of the Services; (d) or any personal injury, death, or property damage attributable to you; or (e) responding to or complying with any subpoena, court order or discovery request relating to any material you submitted to Shred Vault or placed, or attempted to place, in a Kiosk. Defense counsel must be reasonably acceptable to Shred Vault. Shred Vault reserves the right to employ its own counsel at its own expense. You agree not to settle any Loss without Shred Vault’s prior written consent.
8.1. All notices hereunder to Shred Vault shall be sent to Shred Vault, LLC, Attn: Manager, 4518 F Street, Omaha, NE 68117.
8.2. This Agreement shall be binding on you and Shred Vault, and each of their respective successors and assigns. You may not assign this Agreement, without our prior written consent.
8.3. Each party (you and Shred Vault) shall be excused from any delay or failure in performance under this Agreement for any period, and any liability relating thereto, if and to the extent that such delay or failure is caused by acts of God (including but not limited to tornado or flood), fire, governmental actions, labor unrest, riots, electrical power outages or disruptions, unusual traffic delays or other causes beyond its control. No change, waiver, or discharge of this Agreement shall be valid unless in writing and executed or approved by us. This Agreement may be amended only by an amendment in writing signed or approved by us.
8.4. If any provision of this Agreement is declared invalid by any tribunal of competent jurisdiction, then such provision shall automatically be adjusted to the minimum extent necessary to the requirements for validity as declared at such time and as so adjusted shall be deemed a provision of this Agreement as though originally included herein. In the event the provision invalidated is of such a nature that it cannot be so adjusted, the provision shall be deemed deleted from this Agreement as though such provision had never been included herein. In either case, the remaining provisions of this Agreement shall remain in effect. Any of your obligations under this Agreement that by their nature should survive any termination or expiration of this Agreement, shall survive such termination or expiration.
8.5. This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska, except for its conflicts of laws principles that would cause the application of laws of another jurisdiction. Each party (you and Shred Vault) hereby submits to the exclusive jurisdiction of the state or federal courts of such state which are located in Omaha, Nebraska and hereby waives any objection to venue with respect to actions brought in such courts. YOU and SHRED VAULT HEREBY EACH IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY CLAIM RELATING TO OR ARISING UNDER THIS AGREEMENT OR ANY SERVICES.