Updated and Effective: June 19th, 2024
IMPORTANT:
CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE AND TERMS & CONDITIONS OF SALE BEFORE ACCESSING, USING, SUBSCRIBING, OR PLACING AN ORDER OVER ANY WEBSITE OWNED BY SHREDFACTORY LLC, INCLUDING BUT NOT LIMITED TO THESHREDFACTORY.COM, OR ANY OTHER ASSOCIATED LANDING PAGES OR WEBSITES OWNED BY THE COMPANY. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Any use of the websites owned and maintained by Shred Factory LLC, trading as "The Shred Factory," (hereafter "Website"), is governed by the policies, terms, and conditions set forth below. Carefully review them. We offer the Website, including all information, tools, and services available from the Website to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, subscribing, or placing an order over any of the Websites, you agree to these terms. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Websites in any manner.
THIS IS A BINDING AGREEMENT.
THESE TERMS OF USE AND TERMS & CONDITIONS OF SALE ("TERMS"), ALONG WITH OUR PRIVACY POLICY AND RETURN/EXCHANGE POLICY, FORM A LEGALLY BINDING AGREEMENT ("AGREEMENT") BETWEEN YOU AND Shred Factory LLC. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE, ANY ORDER YOU PLACE THROUGH THE WEBSITE OR ANY OTHER ACCEPTED METHOD OF PURCHASE, AND YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE.
This Agreement contains arbitration and class action waiver provisions that waive your right to a court hearing, jury trial, and participation in a class action. Arbitration is mandatory unless specified below in the dispute resolution section or if you opt-out. Review the dispute resolution provisions carefully, which also describe your right to opt-out.
The Shred Factory reserves the right to update and change these Terms by posting updates and/or changes to our Website(s). Periodically check for changes. You can find the most recent version of these Terms at the specific URL of the respective website you're using. Continued use of the Website after changes signifies your acceptance.
The Websites are intended for adults only. You must be 18 years of age or the legal age of majority in your jurisdiction to use the Websites. They aren't designed for children under 18. By using the Websites, you confirm you meet these age requirements and have read, understand, and agree to this Agreement's terms.
Our digital platforms, including but not limited to any affiliated website such as theshredfactory.com, are safeguarded by domestic and global copyright, trademark, and other intellectual property laws. This protection extends to design elements, textual content, logos, metatags, photographic content, audio-visual materials, and any unique features presented. Direct duplication, redistribution, or presentation of any materials from our platforms without express authorization is strictly forbidden.
The proprietary symbols and branding of Shred Factory LLC or any of its affiliated websites remain exclusive property, and unauthorized utilization of these elements is prohibited. By these terms, you aren't granted the permission to reproduce, replicate, or misuse any branding, trademark, patented material, or any intellectual property held by Shred Factory LLC. However, you may maintain records of your transactions for personal reference, but any commercial use of this data is strictly restricted.
Provided you adhere to our Terms rigorously, Shred Factory LLC grants you a revocable, restricted, non-exclusive, royalty-free license to navigate and use our digital platforms. Yet, you must recognize that:
The digital platforms encompass copyrighted content, trademarks, and exclusive details including multimedia. Shred Factory LLC retains exclusive copyrights and all other intellectual property rights over the platforms. Shred Factory LLC holds copyright over the arrangement, enhancement, and original content of these platforms.Third-party contributions retain their individual copyrights. It's prohibited to modify, transmit, or exploit any content from our platforms. Without explicit written consent from Shred Factory LLC and, if applicable, the copyright holder, you may not disseminate or use any content from our platforms for commercial purposes. When any authorized sharing occurs, the source's recognition, trademarks, and copyright notifications must remain intact.
Further, you acknowledge that by accessing or downloading content, you do not gain any ownership or rights over materials protected by intellectual property rights. Any trademarks on our platforms are the exclusive rights of their respective proprietors, which might include Shred Factory LLC or associated entities.
You're bound to employ our platforms in a lawful manner. Engaging or attempting any illegal activities, including but not limited to digital disruptions, disseminating inappropriate content, or any other unlawful actions on or via our platforms is strictly prohibited.
Your submission of personal information through the Website is governed by our Privacy Policy, which can be found on the specific websites owned by Shred Factory LLC. We value your privacy and have taken the necessary precautions to be in compliance with applicable data protection laws. By using the Website, you consent to the processing of data as described in our Privacy Policy and warrant that all data provided by you is accurate.
As a user of our platform, including potentially affiliated websites like
theshredfactory.com you will establish an account with us. You commit to ensuring that the data you supply is genuine and precise, and that you're not falsely representing someone else. It's your duty to safeguard the confidentiality of any credentials associated with your account. You pledge not to share or transfer your access details or your account to any third party. All interactions and information exchanges on our platform via your account fall under your responsibility. Should you detect or suspect any unauthorized access or security breaches related to your account, you must notify us immediately. By agreeing to these terms, you recognize that Shred Factory LLC, or any affiliated websites, aren't accountable for any repercussions due to non-compliance on your part. For more details, refer to Section 20.
By purchasing any products or services from our platform, you consent to using them for your personal, non-business purposes. You commit not to resell, redistribute, or export any product you purchase.
Upon enrolling for membership or ordering a product, we need to receive your payment before confirming your enrollment or order, excluding instances of trial offers. In cases where order details are incomplete or questionable, we might seek additional information or potentially cancel or limit the order post-placement. An electronic order confirmation doesn’t equate to our endorsement of the order. For order modifications or cancellations, you should contact our support without delay. We can't always ensure that order adjustments will align with your requests.
We retain the sole right to approve or reject order shipments for any reason. If we decide against your order, we'll process a refund using the payment method you provided.
Your order relies on your acceptance of this Agreement. Once we have a validated order and payment, we'll swiftly prepare your order for shipping. All products are dependent on their availability. If an item isn't available, we'll inform you of the expected date of availability and might suggest an alternate product. If the item's availability is delayed and you opt against a substitution, we can, upon request, annul the order and initiate a full refund if payment was already processed.
Orders from dealers, wholesalers, or resellers, or those with resale intentions for items from our platform, aren’t accepted. If we identify orders with a resale intention, we reserve the right to cancel the order, suspend or deactivate your account, and, if necessary, take legal action as per the prevailing law. In instances of suspected fraudulent actions, such as using fake or stolen payment methods, we will report the matter to the relevant authorities and take any appropriate legal measures.
We reserve the discretion to limit our product sales based on individuals, regions, or jurisdictions. This discretion will be applied as we see fit on an individual basis.
All stated prices and payments will be in U.S. Dollars.
We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we will notify you by the email, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
Certain content, products, and services available on our Website may include materials from third parties. Third-party links on the site may direct you to third-party websites that are not affiliated with Shred Factory LLC. We are not responsible for evaluating or examining the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send specific submissions (e.g., contest entries) or, without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.
Occasionally, there may be information on our Website that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
We do not guarantee, represent, or warrant that your use of our Website will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable. You agree that from time to time, we may remove the Website for indefinite periods of time or cancel the Website at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all products and services delivered to you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
EXCEPT WHERE SPECIFICALLY NOT ALLOWED OR RESTRICTED BY LAW, INCLUDING IN THE STATE OF NEW JERSEY:
THESHREDFACTORY.COM AND ASSOCIATED WEBSITES AND ALL ITS CONTENTS ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, FREE OF WARRANTIES OF ANY KIND, EITHER DIRECT OR IMPLIED, INCLUDING, BUT NOT RESTRICTED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR SUITABILITY FOR A SPECIFIC USE. WE DENY, AND CLEARLY REJECT ANY REPRESENTATIONS AND WARRANTIES RELATED TO THE RELIABILITY, PROMPTNESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR WHOLENESS OF ANY DATA ON
. WE DO NOT CLAIM OR WARRANT, AND CLEARLY REJECT THAT: (A) THE USE OF theshredfactory.com WILL BE SAFE, ON TIME, CONTINUOUS, OR FREE OF ERRORS, OR FUNCTION TOGETHER WITH ANY OTHER DEVICE, SOFTWARE, SYSTEM, OR DATA, (B) theshredfactory.com OR SERVICES WILL FULFILL YOUR NEEDS OR ANTICIPATIONS, (C) ANY SAVED DATA WILL BE TRUE OR TRUSTWORTHY, (D) THE CALIBER OF ANY PRODUCTS, SERVICES, DETAILS, OR OTHER ITEMS BOUGHT OR SECURED BY YOU THROUGH theshredfactory.com WILL FULFILL YOUR NEEDS OR ANTICIPATIONS, (E) ERRORS OR FLAWS ON theshredfactory.com WILL BE AMENDED, OR (F) theshredfactory.com OR THE SERVERS THAT KEEP IT RUNNING ARE FREE FROM MALICIOUS SOFTWARE OR OTHER DAMAGING COMPONENTS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, BE THEY DIRECT, IMPLIED, LAWFUL, OR OTHERWISE, INCLUDING, WITHOUT LIMITS, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR USE, OR NOT VIOLATING THE RIGHTS OF THIRD PARTIES, ARE REJECTED TO THE FULLEST EXTENT AS PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Shred Factory LLC, its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or Shred Factory LLC. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Website, or when you cease using our Website.
The failure of Shred Factory LLC to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on the Website or in respect to our services constitute the entire agreement and understanding between you and Shred Factory LLC, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed following the laws of the state of Wyoming, without regard to its conflict of law provisions.
SECTION - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. Shred Factory LLC reserves the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to the Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
For questions about the Terms of Service, please contact us at:
Shred Factory LLC
3340 Nicklaus Drive
Conway, AR 72034
AR, USA
Email:
You acknowledge and understand that there are inherent risks in participating in programs or activities that might be strenuous or demanding. Except where specifically inapplicable or prohibited by law, including in the state of New Jersey, if you claim or sustain any injury during participation in any activity facilitated by Shred Factory LLC's websites, including but not limited to theshredfactory.com
, you concur that Shred Factory LLC, including its officers, directors, shareholders, employees, and agents, is not responsible, unless the injury was a direct result of gross negligence. Moreover, neither Shred Factory LLC nor any trainer, mentor, or instructor affiliated with our websites will be held accountable for injuries related to undisclosed or unknown medical conditions.
In any situation, the total liability of Shred Factory LLC to you for any claim of any nature will not surpass thrice the amount you paid to Shred Factory LLC for the month leading up to the incident that led to the claim. You unreservedly forgo any rights to indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs, or claims of any kind. This limitation on liability applies to all claims regardless of the theory of liability advanced, even if Shred Factory LLC was informed or anticipated the potential for such damages. However, some jurisdictions do not permit certain exclusions, so they may not apply to you, granting you additional rights. Notably, this liability limitation is not applicable to consumers in New Jersey.
Furthermore, unless prohibited by certain laws including those of New Jersey, neither Shred Factory LLC nor any of its affiliates, including its officers, directors, shareholders, employees, contractors, and agents, will be liable for any indirect, special, incidental, exemplary, consequential, or punitive damages or any other damages, fees, costs, or claims arising from or linked to this agreement, the privacy policy, services, or your or any third-party's use or attempted use of the associated websites or services. This holds true irrespective of the way the damages are claimed and regardless of the theory of liability, be it breach of contract, tort (including negligence and strict liability), warranty, or any other grounds.
Coach's Responsibilities.
The Coach at theshredfactory.com, representing the The Shred Factory program, will employ their expertise to design a comprehensive strategy, keeping in mind your lifestyle, objectives, current fitness status, and history. They will provide guidance, monitoring, recommendations, and motivation to help you navigate towards your goals. You recognize that the results of any coaching program cannot be guaranteed by theshredfactory.com or the Coach. Your progression and achievements largely depend on your individual dedication and circumstances. Hence, outcomes can differ for each individual.
Your Commitment—YOUR OUTCOMES ARE PERSONAL TO YOU. INDIVIDUAL RESULTS WILL VARY.
Your full 100% commitment to the The Shred Factory program is essential to enhance the likelihood of reaching your desired goals. You are expected to be punctual for sessions with your Coach and ensure a stable internet connection for uninterrupted interactions. Wearing appropriate attire is recommended. If deemed necessary, your Coach might request a "medical clearance" or any other relevant confirmation. Any expenses related to this will be exclusively your responsibility. It's crucial to notify the Coach of any conditions or shifts in your health or situation that might impact your ability to follow the guidance safely. If your Coach needs additional details from a healthcare or any other professional, you should provide such information promptly.
Everyone's journey has its own set of influences and backgrounds. Thus, outcomes will vary among participants. YOUR PERSONAL OUTCOMES ARE INFLUENCED BY VARIOUS FACTORS UNIQUE TO YOU, SUCH AS YOUR BACKGROUND, CURRENT HEALTH STATUS, DIET, AND ENGAGEMENT LEVEL. IF YOU ARE NOT ALIGNED WITH YOUR RESULTS, YOUR PRIMARY SOLUTION IS PROVIDED IN OUR RETURN/EXCHANGE POLICY OR GUARANTEE.
The Shred Factory values the feedback from its users and appreciates comments concerning our offerings. The Shred Factory may feature testimonials and/or product reviews, in entirety or snippets, alongside the name, city, and state of the contributor. Such testimonials may be used in various promotional activities related to the shred factory's services or products, both in printed and online media, as The Shred Factory deems appropriate. These testimonials showcase the singular experiences of the contributors and may not necessarily represent your personal experiences with our products or services. As highlighted in earlier sections, individual experiences can vary based on several personal factors.
Any communication, message, or content that you share with The Shred Factory on theshredfactory.com, via email, or other platforms, including comments, suggestions, or any other material (termed "User Communications"), is under your responsibility. By sharing any User Communications, you attest that these are your genuine, original contributions and don’t violate any copyright, trademark, or other applicable regulations. The Shred Factory does not necessarily endorse or support any User Communications shared by you or other users.
You are expected to refrain from sharing any content that's unlawful, threatening, defamatory, obscene, inflammatory, or inappropriate, or any content that might encourage illegal activities or violate any laws. The Shred Factory will collaborate fully with legal authorities or court orders that demand the disclosure of the identity of anyone sharing such information. In line with our Privacy Policy, all User Communications are considered non-confidential. Hence, avoid sharing any communications you wish to remain confidential or for which you expect recognition or compensation.
Any content, including photos, testimonials, ideas, and other feedback that you provide on theshredfactory.com or to us ("Submissions"), will be treated as non-confidential and nonproprietary. We have the unrestricted, global, perpetual, irrevocable, and transferable right to utilize, replicate, distribute, display, publish, modify, and create derivative content from these Submissions. All Submissions will automatically be our exclusive property and won't be returned to you.
Additionally, The Shred Factory reserves the right to rectify typographical and grammatical errors, to condense testimonials before display or usage, and to inspect all testimonials before they're published or used. The Shred Factory isn't obliged to use any testimonial or review shared. By submitting a testimonial, you acknowledge that you've reviewed, understood, and consented to these Terms. If you disagree with any part of these Terms, you should refrain from submitting a testimonial.
The Shred Factory STRIVES TO ASSIST YOU IN ENHANCING YOUR LIFESTYLE AND WELLBEING. HOWEVER, YOU ACKNOWLEDGE THAT OUR PRODUCTS, SERVICES, AND THE INFORMATION ON theshredfactory.com HAVE NOT UNDERGONE EVALUATION BY THE FOOD & DRUG ADMINISTRATION OR MEDICAL PROFESSIONALS. OUR PRODUCTS, SERVICES, AND THE CONTENT ON theshredfactory.com ARE NOT DESIGNED TO DIAGNOSE, TREAT, OR PREVENT ANY HEALTH CONCERNS, ILLNESSES, OR CONDITIONS. THE CONTENT ON theshredfactory.com OR SHARED WITH YOU THROUGH EMAILS OR OTHER MEANS IS FOR INFORMATIVE PURPOSES ONLY, AND NOT MEANT AS A REPLACEMENT FOR PROFESSIONAL MEDICAL GUIDANCE OR ATTENTION. YOU ALSO RECOGNIZE THAT OUR OFFERINGS ARE NOT AIMED AT INDIVIDUALS BELOW 18 YEARS OF AGE AND AREN'T MEANT TO ADDRESS ANY SPECIFIC MEDICAL ISSUES OR CONDITIONS. MINORS AND PEOPLE WITH HEALTH ISSUES HAVE DISTINCTIVE DIETARY REQUIREMENTS COMPARED TO HEALTHY ADULTS. YOU COMMIT TO CONSULTING A MEDICAL PROFESSIONAL PRIOR TO UTILIZING ANY OF OUR PRODUCTS OR AVAILING ANY OF OUR SERVICES, ESPECIALLY IF YOU HAVE A MEDICAL CONDITION SUCH AS, BUT NOT LIMITED TO, HEART ISSUES, HIGH BLOOD PRESSURE, RESPIRATORY ISSUES, OR OTHER AILMENTS. SHOULD YOU ENCOUNTER ANY ADVERSE EFFECTS OR UNEXPECTED REACTIONS FROM ANY PRODUCT, YOU AGREE TO STOP ITS USE IMMEDIATELY.
The Shred Factory AIMS TO OFFER ACCURATE DETAILS ABOUT OUR OFFERINGS. YOU UNDERSTAND AND AGREE THAT THE INFORMATION The Shred Factory PRESENTS ABOUT OUR PRODUCTS AND SERVICES IS SOURCED FROM INDEPENDENT THIRD PARTIES LIKE NEWS OUTLETS, SCIENTIFIC STUDIES, AND RESEARCH INSTITUTES. The Shred Factory MAKES NO ASSURANCES THAT THIS INFORMATION IS FREE OF ERRORS, AND WE DON'T ENDORSE ANY THIRD PARTIES OR THEIR RESEARCH METHODS. ALL PRODUCT DETAILS, PERFORMANCE STATISTICS, AND ADDITIONAL DATA On theshredfactory.com ARE FOR INFORMATIVE AND ILLUSTRATIVE USE ONLY. THEY DON'T IMPLY THAT THE PRODUCTS WILL ADHERE STRICTLY TO SUCH DETAILS OR STATISTICS. The Shred Factory DOES NOT GUARANTEE THAT YOUR OUTCOMES WILL MIRROR THOSE OF OTHER CUSTOMERS WHO UTILIZE OUR PRODUCTS OR SERVICES.
THE ABOVE PRODUCT DISCLAIMERS AND REPRESENTATIONS ARE NOT APPLICABLE WHERE LEGALLY RESTRICTED, INCLUDING IN NEW JERSEY.
The Shred Factory and theshredfactory.com present information that is based on personal opinion and experience. It is imperative to understand that the details provided are not intended as nutritional or medical advice. We strongly recommend consulting with a professional medical provider, dietician, or nutritionist before making any decisions based on the information provided on our platform. The content presented should not be viewed as a substitute for professional advice or guidance. We assume no responsibility for any interpretations or decisions made by users based on this information.
IF YOU HAVE ANY KNOWN FOOD ALLERGY OR MEDICAL DIAGNOSIS THAT CONFLICTS WITH THE INFORMATION ORIGINATING THROUGH ANY COACHING PROGRAM, PLEASE CONSULT WITH YOUR MEDICAL PROVIDER FIRST.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
a.
General
Arbitration is a manner of resolving a "Claim" without filing a lawsuit. "Claim" means any dispute between you, The Shred Factory theshredfactory.com, or any involved third party relating to your account, your use of the Website, your relationship with The Shred Factory, theshredfactory.com, these Terms, the Privacy Policy, and the Return/Exchange Policy. This includes any and all claims that relate in any way to your use or attempted use of the services or products, and any act or omission by The Shred Factory, theshredfactory.com, or any third party related to your use or attempted use of the services or products. You, The Shred Factory, theshredfactory.com, or any involved third party may pursue a Claim. The Shred Factory, theshredfactory.com agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against The Shred Factory, theshredfactory.com. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the "FAA"), 9 U.S.C. §§ 1-16, as amended.
b.
Exceptions
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and The Shred Factory, theshredfactory.com both retain the right to pursue, in small claims court, any claim that is within that court's jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court's jurisdiction. The Shred Factory, theshredfactory.com will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Cheyenne, Wyoming: (i) any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents, or the intellectual property rights of a third-party; or (ii) an action by The Shred Factory, theshredfactory.com for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection "b" in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection "b," the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Little Rock, Arkansas, and forever waive any challenge to said courts' jurisdiction and venue.
c.
Required Pre-Dispute Procedures
We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by e-mail to [email protected]. The Shred Factory, theshredfactory.com will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with The Shred Factory, theshredfactory.com or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Little Rock, Arkansas to enforce these Terms or prevent an infringement of a third party's rights or our intellectual property rights, as stated in subsection "b" above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
d.
Commencing Arbitration
You and The Shred Factory theshredfactory.com agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
e.
Arbitration Location
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Little Rock, Arkansas unless The Shred Factory, theshredfactory.com
otherwise agrees to arbitrate in another forum requested by you.
f.
Organization, Rules, and the Arbitrator
We each agree that any and all Claims other than those exempted under subsection "b" above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association ("AAA"). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection "d" above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, by selecting from a list of arbitrators provided by AAA. The arbitration will be conducted under the rules of the AAA, which are available at the AAA's website or by calling the AAA at (insert phone number). If the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider.
g.
Fees and Costs
The party initiating the arbitration shall pay the initial filing fee. If you file the arbitration and an award is rendered in your favor, we will reimburse you for your filing fee. If there is a hearing, we will pay the fees and costs for the first day of that hearing. All other fees and costs will be allocated in accordance with the rules of the AAA. However, we will advance or reimburse filing and other fees if the arbitrator rules that you cannot afford to pay them or if you ask us and we determine there is a good reason for doing so. Each party shall bear its own attorney's fees, expert fees, and expenses unless the arbitrator awards such fees or expenses to one party based on applicable law.
h.
Waivers
By agreeing to this arbitration provision, BOTH YOU AND THE SHRED FACTORY, theshredfactory.com ARE WAIVING CERTAIN RIGHTS TO LITIGATE CLAIMS IN COURT. You and The Shred Factory, theshredfactory.com are both waiving your respective rights to a trial by jury. Any arbitration under this provision will take place on an individual basis; class arbitrations and class actions are not permitted. YOU AND The Shred Factory, theshredfactory.com ARE AGREEING THAT NEITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER OUTSIDE OF AN INDIVIDUAL CAPACITY. YOU AND The Shred Factory, theshredfactory.com BOTH AGREE THAT NEITHER PARTY WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.
i.
Arbitration Award
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator's decision will be final and binding. Other rights that you or The Shred Factory, theshredfactory.com would have in court also may not be available in arbitration.
j.
Survival and Severability of Terms
This arbitration provision shall survive the termination of any agreement between you and The Shred Factory, theshredfactory.com. If any portion of this arbitration provision is deemed invalid or unenforceable, it shall not invalidate the other parts of the arbitration provision, provided however, that if the waivers of class-wide arbitration and litigation by jury are deemed invalid or unenforceable, then the entire arbitration provision shall be null and void.
k.
Opt-Out
You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following email: [email protected]. The notice must be sent within 30 days of registering on theshredfactory.com, or agreeing to these Terms, whichever is later. If more than 30 days have passed, you are not eligible to opt out and will be bound by the arbitration terms outlined above.
l.
Amendments to Arbitration Provision
If The Shred Factory, theshredfactory.com makes any future change to this arbitration provision, other than a change to The Shred Factory, theshredfactory.com's address for notice, you may reject the change by sending us written notice within 30 days of the change to The Shred Factory, theshredfactory.com's address for notice, in which case this arbitration provision, as in effect immediately prior to the amendments you reject, will continue to govern any disputes between you and The Shred Factory, theshredfactory.com.
m.
Enforceability
If subsection "k" is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. If any portion of this arbitration provision other than subsection "k" is deemed invalid or unenforceable, then the remaining parts of this arbitration provision will remain in force.
n.
Information
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to The Shred Factory, theshredfactory.com at the designated address. You can obtain AAA procedures, rules, and fee information as described above or by calling AAA at (insert phone number).
All information communicated on the Website is considered an electronic communication. When you communicate with The Shred Factory, theshredfactory.com or any affiliated company through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that The Shred Factory, theshredfactory.com may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled "SUBMIT MY ORDER", "PAY NOW", "ORDER NOW", "SUBMIT", "BUY NOW", "PURCHASE", "I ACCEPT", "I AGREE", or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
For annual membership subscriptions, Participants pay a flat annual membership fee.
a.
Payment Terms.
Approved applicants commit to an annual membership whether member fees are paid in installments or a one-time annual payment. Members with installment payments who seek to cancel prior to expiration of the annual membership terms (12 months) are subject to early cancellation fee equaling the remaining balance of annual membership. All cancelled memberships will have access to applicable services up until expiration of their annual membership term.
b.
Renewal Eligibility.
You will receive notice prior to the expiration of your annual membership term if you are eligible to renew your membership. Membership renewals will be subject to the membership fees in effect at the time of renewal. Annual memberships are not automatically renewed.
c.
NON-REFUNDABLE.
All membership fees are nonrefundable unless otherwise specified.
d. All annual memberships may be cancelled within 30 days of subscription for a full-refund.
Recurring Charges.
For monthly membership subscriptions, Participants pay a recurring monthly or weekly membership fee.
a.
Payment Terms.
Applicable membership fees consists of an initial charge followed by recurring periodic charges in accordance with the membership plan selected by you on the Platform. By entering into this Terms of Service, you acknowledge that your membership has an initial and recurring payment feature and you accept responsibility for all recurring charges incurred prior to cancellation.
b.
Automatic Renewal.
Monthly membership are automatically renewed either weekly or each month. Unless cancelled by either party, recurring membership fees will be automatically charged to the payment mechanism provided by you through your Platform account. The recurring fees will be charged at the current rate then in effect at the time of purchase. You will receive notice prior to applicable renewal of any changes to membership fees or these Terms of Service.
c.
HOW TO CANCEL:
You may cancel your monthly membership plan by contacting [email protected] or through the Platform prior to the end of the current term. Membership cancellations will be effective for the next renewal term. Cancelling your subscription means that you will have access to applicable services until your next renewal date. You will be responsible for all monthly membership fees incurred through the date of cancellation.
d.
NON-REFUNDABLE.
Monthly membership fees will not be prorated upon cancellation and/or termination and all fees paid through the date of termination are nonrefundable.
a. Expenses.
Participant shall be solely responsible for expenses associated with participation in Program Services, including, but not limited to travel to/from Program Services events, hotel accommodations, food, medical expenses, clothing, gear or other related expenses incurred during your participation in the Program.
b. Assumption of the Risk.
Participation in the Program Services involves the risk of physical injury and/or other damages. As a condition of your participation in certain Program Services events, Participant shall release all claims for such risks by execution of a Participation Release and Waiver prior to participation in applicable Program Services events. The failure of Participant to execute the Participation Release and Waiver shall result in immediate suspension/termination and forfeiture of all applicable Program Services fees.
c. Participation Election.
i. Participant may discontinue participation in the Program Services at any time, for any reason. However, any discontinuation, regardless of reason, shall result in forfeiture of the applicable Program Services fees. In the event of discontinuation, all outstanding Program Services fees shall immediately become due and payable.
ii. The Shred Factory may, but does not have the responsibility to, discontinue Participant’s participation in the applicable Program Services if it determines, in its sole and absolute discretion, that the Program Services are not suitable for Participant.
The Shred Factory may offer Participants the opportunity to engage in various programs and experiences. These can include personal, leadership, and business consultations, memberships, networking events, summits, conferences, training programs, coaching/consultations, content, tools, software, and other services as provided by either The Shred Factory or theshredfactory.com from time to time.
Changes to Program Services: Either The Shred Factory or theshredfactory.com may change, suspend, or discontinue their respective platforms and/or services, or any part thereof, at any given time without notice. This Agreement’s terms may be amended at the sole discretion of The Shred Factory or theshredfactory.com by posting the revised terms on their respective platforms. Your continued use of the platforms and/or services post the effective date of any revised Agreement signifies your acceptance of the updated terms.
a. Individual Commitment.
The Program Services encompass a range of comprehensive processes involving mindsets, skillsets, and behaviors relating to work, finances, health, relationships, education, and physical activity. Participant has the sole discretion to accept, reject or implement any aspects of the Program Services recommendations and shall be solely responsible for the outcome and/or impact of such acceptance, rejection or implementation.
b. NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE.
The Shred Factory and its staff are not licensed medical or mental health care providers, accountants, attorneys or investment advisors. The Program Services, Products, Platform, Content and other Services are not intended as a substitute for licensed professional advice.
i. NO MEDICAL OR MENTAL HEALTH CARE ADVICE.
The Program Services cannot replace, nor is it intended to represent, a health care patient-provider or other mental health patient-provider relationship. The Program Services, Platform, Products, Content and other Services made available to Participant should NOT be construed as offering such medical or mental health care advice. Participant is advised to consult with a licensed professional for diagnosis and treatment for specific health concerns or problems, including, but not limited to, medical diagnosis, psychotherapy, psychoanalysis, mental health care, or substance abuse treatment. Participant is solely responsible for performing their own due diligence consultation before making any medical or other mental health care decisions.
ii. NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVISE.
The Program Services are not intended to provide tax, legal, insurance or other investment advice and the Program Services, Platform, Products, Content and other Services made available to Participant should NOT be construed as offering such advice. Participant is solely responsible for performing their own due diligence consultation before making any tax, legal, insurance or other investment decisions.
c. WARRANTY DISCLAIMER: NO GUARANTEE OF IMPACT, OUTCOME OR PERSONAL RESULTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW,
THE PROGRAM SERVICES, PRODUCTS, PLATFORM, CONTENT OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED “AS IS”.
The Shred Factory DOES NOT REPRESENT OR WARRANT THAT THE PROGRAM SERVICES, PLATFORM, PRODUCTS, CONTENT OR OTHER SERVICES WILL MEET YOUR PERSONAL OR PROFESSIONAL GOALS, NEEDS OR REQUIREMENTS. EXCEPT WHERE PROHIBITED BY LAW,
WARRIOR EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE PROGRAM SERVICES, PLATFORM, PRODUCTS, CONTENT, AND/OR OTHER SERVICES.
a. Non-Disclosure.
Participant has a duty to maintain the confidentiality of any Confidential Information (as defined herein) provided to Participant through the Program Services and agrees not to (i) use any Confidential Information disclosed to it by The Shred Factory for its own use, (ii) disclose any Confidential Information to any third party for any reason without the prior written consent of The Shred Factory , and/or (iii) use the Confidential Information in any way detrimental to The Shred Factory.
b. Definition.
“Confidential Information” means any information, technical data, or know-how, including, but not limited to, that which relates to research, product plans, business plans, products, services, employees, customers, markets, software, computer programs, technology, development tools, source code, object code, documentation, developments, intellectual property, concepts, inventions, formulas, processes, procedures, databases, designs, drawings, engineering, hardware configuration information, product ideas, business methods, strategies, marketing or financial plans, financial information, other participant names and related personal information disclosed during the course of any Program Services accessed by Participant, proprietary materials and/or other trade secrets disclosed by The Shred Factory (whether in writing, orally, or in any form or medium) to Participant as part of the Program Services.
a. Content:
The term “Content” refers to any text, data, code, graphics, information, images, audio, visual or audiovisual combinations or other materials submitted, uploaded, imported, communicated or exchanged between Participant and The Shred Factory to facilitate the provision of the Program Services under this Agreement.
b. Consent:
Participant hereby grants to The Shred Factory the right to (a) photograph, audio-visually record or otherwise digitally record Participant’s likeness (collectively “Digital Images”), and/or (b) audio-visually record or otherwise digitally collect any Participant Content. Participant authorizes The Shred Factory to use their name and any Participant Content in connection with such Digital Images.
c. License:
Participant hereby grants to The Shred Factory a non-exclusive, perpetual, worldwide, non-revocable, royalty-free license to use, reproduce, distribute, create derivative works of, publicly perform, and publicly display any testimonial and Digital Images and Participant Content collected, in whole or in part, in all forms of media, whether now known or later discovered, for any purpose without further compensation or accounting.
Participant shall be responsible for all Content uploaded and otherwise exchanged through the Platform. The Shred Factory shall have no obligation to prescreen, monitor, edit or remove any Content. The Shred Factory reserves the right, to take any action to restrict or remove access to any Content that we deem, in our sole and absolute discretion, to be objectionable, in violation of applicable law, or otherwise in violation of this Agreement.
The Shred Factory considers any suggestions, ideas, proposals testimonials or other material submitted by Participants, whether solicited or unsolicited, (collectively, the “Feedback”) to be non-confidential and non-proprietary. The Shred Factory shall not be liable for the disclosure, use or exploitation of such Feedback. You hereby grant to The Shred Factory a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Feedback for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
a. Definition of Intellectual Property.
For purposes of this Agreement, “Intellectual Property” means (i) trademarks (registered or unregistered), service marks, trade names and other indications of origin, the goodwill associated with the foregoing; (ii) inventions, formulas, know-how, processes, business methods, discoveries, ideas and improvements, whether patented or patentable; (iii) nonpublic information, trade secrets, know-how and Confidential Information; (iv) writings, illustrations, graphics, photographs, motion pictures, models and all audio, video or audiovisual combinations, and other works whether copyrighted or copyrightable; (v) the principles, concepts, methodology, structure, techniques and training, content assignments, communications, attachments, documents related to the Program and assets made available to Participant as part of the Program Services (collectively “Program Tools”); and (vi) computer programs and software (including source code, object code and data), arising from or relating to the The Shred Factory Platform, digital assets and any other content owned or licensed by The Shred Factory.
b. Copyright:
All Content made available through the Platform, as well as the Platform’s logos, design, text, graphics, software and other files, and the selection arrangement and organization thereof, are owned by The Shred Factory and protected by U.S. and international copyright laws. You may not use such materials without permission.
c. Trademarks:
The non-exhaustive list of The Shred Factory Trademarks, and the Platform’s logos, page headers, custom graphics, button icons and scripts are trademarks or trade dress of The Shred Factory.
d. Program Tools License.
Subject to the use restrictions set forth herein and during the Program Term, The Shred Factory hereby grants Participant a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable, worldwide license to access and utilize the Program Tools and associated Intellectual Property provided to or otherwise accessed by Participant during the course of the Program.
e. EULA.
Participant’s access to any software programs or software as a service offered to Participant as part of the Program Tools is subject to Participant’s acceptance of The Shred Factory ’s End User License Agreement prior to such use.
Participant shall forfeit the right to access any software program or software as a service in the event of Participant’s failure to accept the terms of the End User License Agreement.
The terms of the accepted End User License Agreement shall be incorporated by reference a though fully set forth herein.
f. Reservation of Rights.
Except for the limited licenses granted herein, nothing in this Agreement grants to Participant any rights of ownership to The Shred Factory ’s copyrights, patents, patent applications, trade secrets, trade names, trademark, service marks or other Intellectual Property.
g. Use Limitations.
The Program Services, Program Tools, and associated Intellectual Property are for Participant’s personal use only. Participant shall not use the Program Services-related principles, concepts, methodology, training techniques, Program Tools and associated Intellectual Property for commercial purposes. Participant shall not (a) distribute, redistribute, resell or sublicense Program Tools and associated Intellectual Property, or (b) develop, create, or otherwise cause to bring to market any competing program or service that leverages the Program Tools and associated Intellectual Property for any purpose, commercial or otherwise.
IN NO EVENT SHALL The Shred Factory’S, OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, AFFILIATES, MANAGERS, LICENSORS, BUSINESS PARTNERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT OR CONTRACT, EXCEED THE TOTAL AMOUNT OF FEES PAID BY PARTICIPANT UNDER THIS AGREEMENT FOR THE PROGRAM SERVICES GIVING RISE TO THE CLAIM.
IN NO EVENT SHALL The Shred Factory OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, AFFILIATES, MANAGERS, LICENSORS, BUSINESS PARTNERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE TO PARTICIPANT FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF CONSORTIUM) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Participant hereby acknowledges and agrees that the limited remedies and limitations on liability set forth in this Agreement are a fundamental part of the basis of The Shred Factory ’s bargain hereunder, without which The Shred Factory would not enter into this Agreement or provide Participant with the Program Services or allow participation in the applicable Program Services and that the Program Services fees reflects the allocation of risk agreed upon by the Parties.
No action, regardless of form, arising from or pertaining to this Agreement and/or the Program Services may be brought by Participant more than ONE (1) YEAR after such action has arisen.
IN NO EVENT SHALL THE SHRED FACTORY’S, OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, AFFILIATES, MANAGERS, LICENSORS, BUSINESS PARTNERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT OR CONTRACT, EXCEED THE TOTAL AMOUNT OF FEES PAID BY PARTICIPANT UNDER THIS AGREEMENT FOR THE PROGRAM SERVICES GIVING RISE TO THE CLAIM.
IN NO EVENT SHALL THE SHRED FACTORY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, AFFILIATES, MANAGERS, LICENSORS, BUSINESS PARTNERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE TO PARTICIPANT FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF CONSORTIUM) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Participant hereby acknowledges and agrees that the limited remedies and limitations on liability set forth in this Agreement are a fundamental part of the basis of The Shred Factory ’s bargain hereunder, without which The Shred Factory would not enter into this Agreement or provide Participant with the Program Services or allow participation in the applicable Program Services and that the Program Services fees reflects the allocation of risk agreed upon by the Parties.
No action, regardless of form, arising from or pertaining to this Agreement and/or the Program Services may be brought by Participant more than ONE (1) YEAR after such action has arisen.