Terms and Conditions

These Terms of Use govern your use of this website ("Website") and your participation in the recycling services program ("Program") by H2 Compliance Inc. ("we," "us," or "H2 Compliance"). Your use of this Website and/or your participation in the Program constitute your consent and agreement to these Terms of Use, as well as to our collection and use of data under the Privacy Policy. If you do not consent and agree, you may not use this Website or participate in the Program.

 

Use of Website

 

Subject to these Terms of Use, we hereby grant you a limited, personal, revocable, non-transferable, and non-exclusive license to access and use this Website for the purpose of reviewing information about or participating in the Program. You may not use the Website for any other purpose.

 

Without limitation to the generality of the foregoing, you may not use the Website on behalf of any third party for any commercial use; and you may not access or use the Website through any automated or non-human means, such as through bots, spiders, scripts, or software, except where such means are used for the sole purpose of search engine optimization.

 

The grant of this license automatically terminates upon your breach of any provision of these Terms of Use.

 

Participation in Recycling Services Program

 

The Program is provided by H2 Compliance, not by any OEM manufacturer, for use by U.S. residents.

 

In any participation in the Program, you must comply with all instructions and restrictions described on the Website. Additionally, by your participation in the Program, you represent, warrant, and agree:

 

  • You will return for recycling through the Program only hardware that is eligible in your state.

  • You are responsible for packing and labeling any hardware under the Program.

  • By shipping your hardware under the Program, you represent and warrant that you own such hardware and have the right to return it for recycling—and that you relinquish all ownership or other rights to such hardware.

  • You are responsible for removing or deleting (and if appropriate, securely wiping) any content or data that may be contained on the hardware, or if desired, backing up or transferring any such content or data.

  • You do not know or suspect that any hardware you are returning for recycling through the Program is contaminated with chemicals, biological agents, or other substances that are not integral to the original new equipment or otherwise associated with normal office or household environments.

  • You will comply with any applicable laws, rules, or regulations applicable to your participation in the Program.

We are not responsible for content or data left on any hardware (or removable media included with the hardware) returned through the Program and will not be able to return any such hardware or removable media.

 

We reserve the right to refuse service or other participation in the Program and terminate accounts, at our discretion, including without limitation if we learn or have reason to believe that your conduct violates applicable law or is harmful to our interests.

 

Intellectual Property

 

All text, images, graphics, and other content on the Website is owned or licensed by us and may not be used, copied, modified, or duplicated without prior consent. The H2 Compliance name and mark is owned by us. Names or marks of other companies are owned by such respective companies.

 

External Links

 

This Website may contain links to other websites owned and operated by third parties. We are not responsible for any such websites (or any content on any such websites).

 

Disclaimer

 

The Website may contain inaccuracies, mistakes or typographical errors. We do not represent or warrant that the Website or access to the Program will be uninterrupted or error free.

 

TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE PROVIDE THE WEBSITE AND THE PROGRAM "AS IS," WITHOUT ANY WARRANTY OF ANY KIND; AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

Limitation of Liability

 

TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR THE PROGRAM, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID TO US FOR RECYCLING SERVICES UNDER THE PROGRAM. THIS LIMITATION OF LIABILITY APPLIES WHETHER IN AN ACTION AT LAW OR EQUITY, INCLUDING WITHOUT LIMITATION UNDER CONTRACT, NEGLIGENCE, OR OTHER TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

Applicable Law

 

These terms of use are governed by the laws of the State of California, without reference to any principles of conflicts of laws.

 

Indemnification

 

You agree to defend, indemnify, hold harmless us (and our affiliates and parents, and our and their respective officers, directors, employees, agents, and representatives) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you.

 

Disputes

 

Any dispute relating in any way to your use of the Website or the Program must be submitted to confidential arbitration in Contra Costa County, California. Arbitration will be conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association, before a single arbitrator. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under the Terms of Use may be joined to an arbitration involving any other party, whether through class action proceedings or otherwise.

 

You agree that regardless of any statute or law to the contrary, any claim arising out of, related to or connected with your use of the Website or participation in the Program must be filed within one year after such claim or cause of action arose.

 

No Use by Minors

 

The Website and the Program are not intended for or directed to minors. By using this Website or participating in the Program, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions), and that any information you provide to us is accurate, and not deceptive or misleading.

 

Changes to Terms of Use

 

If there is a change to these Terms of Use, we will post the new Terms of Use on the Website. By continuing to access or otherwise use the Website or participate in the Program, you agree to be legally bound by any such new Terms of Use.

 

Miscellaneous

 

These Terms of Use (and any expressly referenced terms relating to the Program, such as on the Website) constitute the entire agreement between you and us with respect to matters set forth in these Terms of Use and supersede any prior or contemporaneous understanding or agreement; and there are no third-party beneficiaries to these Terms of Use. These Terms of Use will bind and inure to the benefit of any assignees or successors in interest of or to you or us. Section and paragraph headings in these Terms of Use are used for convenience and reference only and in no way define, limit, extend or otherwise describe the scope or intent of these Terms of Use and may not affect the meaning or interpretation of these Terms of Use. If any provision of these Terms of Use is deemed invalid or unenforceable, that provision will be reformed and construed consistently with applicable law as nearly as possible to reflect the original intentions of these Terms of Use; and in any event, the remaining provisions of these Terms of Use will remain in full force and effect. No waiver of any of the provisions of these Terms of Use is a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.

 

 

Last updated [Sept-03-2019]