Website Terms and Conditions of Use
By accessing this website, you are agreeing to be bound by these
web site Terms and Conditions of Use, all applicable laws, and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trademark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials
(information or software) on Neighborhood Parcel’s web site for personal,
non-commercial transitory viewing only. This is the grant of a license,
not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Neighborhood Parcel’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Neighborhood Parcel at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on Neighborhood Parcel’s web site are provided “as is”. Neighborhood Parcel makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Neighborhood Parcel does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Neighborhood Parcel or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Neighborhood Parcel’s Internet site, even if Neighborhood Parcel or a Neighborhood Parcel authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Neighborhood Parcel’s web site could include technical, typographical, or photographic errors. Neighborhood Parcel does not warrant that any of the materials on its web site are accurate, complete, or current. Neighborhood Parcel may make changes to the materials contained on its web site at any time without notice. Neighborhood Parcel does not, however, make any commitment to update the materials.
Neighborhood Parcel has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Neighborhood Parcel of the site. Use of any such linked web site is at the user’s own risk.
8. Governing Law
Any claim relating to Neighborhood Parcel’s web site shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions.
8.1 Limitation of Liability
Neighborhood Parcel and its affiliates shall not be responsible or liable for the release or loss of any materials deposited in bins, cabinets, and/or toters or otherwise delivered to it for destruction unless the release or loss is due to our negligence or willful misconduct. Neighborhood Parcel is responsible for secure destruction at the point the material is given/taken possession by a Neighborhood Parcel employee. Neighborhood Parcel’s maximum liability for any and all claims arising from the confidential destruction services performed hereunder shall not exceed the total of invoices submitted by Neighborhood Parcel over the last six month period.
8.2 Ownership Warranty.
Client warrants that it is the owner, legal custodian or otherwise has the right to deliver for confidential destruction any and all materials Client provides Neighborhood Parcel hereunder.
Section 9. Indemnification
Neighborhood Parcel will indemnify, defend and hold Client (and Client’s agents and employees) harmless from all claims, damages, losses and expenses (including attorneys’ fees) arising out of or resulting from any claim, action, or other proceeding (including any proceeding by any employees, agents or contractors) that is based upon (a) Neighborhood Parcel’s breach of this agreement, (b) the conduct of Neighborhood Parcel’s business, or (c) any negligent act or omission of Neighborhood Parcel.
Client will indemnify and defend and hold Neighborhood Parcel (and our agents and employees) harmless from all claims, damages, losses and expenses (including attorneys’ fees) arising out of or resulting from any claim, action, or other proceeding (including any proceeding by any employees, agents or contractors) that is based upon (a) Client’s breach of this agreement, (b) the conduct of Client’s business, or (c) any negligent act or omission of Client.
Section 10. Applicable Law
This Agreement will be governed in all respects by, and construed and enforced in accordance with, the laws of the State where the service took place, without regard to any rules governing conflicts of laws.
Section 11. Entire Agreement, Interpretation, and Changes
This Agreement constitutes the entire agreement between the parties with respect to the subject matter described herein and all prior or contemporaneous oral or written communications, understandings, or agreements between our company and Client with respect to such subject matters are hereby superseded in their entireties. In the event of any inconsistency between the terms of the main body of the Agreement and Exhibit A, then the terms of the main body of this Agreement shall take precedence over the terms of Exhibit A. Any changes, amendments, or modifications to this Agreement and/or Exhibit A shall not be binding on the parties unless mutually agreed to by the parties in writing. If any such changes, amendments, or modifications cause an increase or decrease in the cost or time required to perform the Services, mutually agreed adjustments shall be made in the contract price and/or the period of service described.
Section 12. Severability
If any provision of this Agreement is held invalid, illegal or unenforceable in any jurisdiction, for any reason, then, to the fullest extent permitted by law (a) all other provisions hereof will remain in full force and effect in such jurisdiction and will be liberally construed in order to carry out the intent of the parties hereto as nearly as may be possible, (b) such invalidity, illegality, or unenforceability will not affect the validity, legality, or enforceability of any other provision hereof, and (c) any court or arbitrator having jurisdiction thereover will have the power to reform such provision to the extent necessary for such provision to be enforceable under applicable law.
Section 13. Conflicts
Both parties agree that in the event of a conflict that a reasonable effort will be made to resolve the conflict in a timely and reasonable manner mutually agreeable and beneficial for both parties. It is understood that reasonable effort would require, at a minimum, a face to face meeting. In the event a conflict cannot be resolved, the parties agree to submit the matter to binding Arbitration, pursuant to the procedural rules of the American Arbitration Association.
Section 14. Force Majeure
Each party shall be excused from any delay or failure in performance under this Agreement for any period if and to the extent that such delay or failure is caused by acts of God, governmental actions, labor unrest, riots, unusual traffic delays, natural disasters, or other causes beyond its control.
Section 15. Exclusivity
Customer agrees to retain Neighborhood Parcel on an exclusive basis covered by this agreement for the term of this contract.