Last modified May 30th, 2024
TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF May 30th, 2024.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others who may interact or interface with Union Battery Disposal., also known as Union Battery Disposal, located at [address], and our subsidiaries and affiliates, in association with the use of the Union Battery Disposal website, which includes unionbatterydisposal.com, (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a news and information website which has the following description: Provide Information about Union Battery Disposal. products and services.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Union Battery Disposal. At its discretion, Union Battery Disposal. may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Union Battery Disposal. does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Union Battery Disposal. shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Union Battery Disposal. shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
INFORMATION THAT YOU PROVIDE TO US
You may give us information about yourself when you visit the Union Battery Disposal Site. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the Union Battery Disposal Site and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with “STOP”, or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your business.
INTELLECTUAL PROPERTY
As between you and Union Battery Disposal, Union Battery Disposal and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Union Battery Disposal Site (collectively, “Union Battery Disposal IP”). Union Battery Disposal IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Union Battery Disposal IP not expressly granted to you in these Terms of Use are reserved.
You may choose to or we may invite you to submit comments or ideas about improvements to the Union Battery Disposal Site or our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Union Battery Disposal has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.
ACCESS TO Union Battery Disposal SITE
Union Battery Disposal grants you a limited, revocable, non-exclusive, non-transferable license to access the Union Battery Disposal Site. This license does not include a right to use any of the content and information, including product listings. Your permissions and/or licenses are automatically terminated by any unauthorized use.
PRODUCTS, CONTENT AND SPECIFICATIONS
Details of the products and services available for purchase on the Union Battery Disposal Site (“Union Battery Disposal Products”) are set out on the Union Battery Disposal Site. All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the Site due to the limitations of the systems that you use to access the Site. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.
SUBSCRIPTIONS
Subscription terms. We may offer you the ability to purchase subscriptions via the Union Battery Disposal Site. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.
Free trials and promotional periods. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us. We will email you prior to the end of the free trial or promotional period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.
Cancellation. Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription.
REFUNDS AND CANCELLATION POLICIES FOR SUBSCRIPTION SERVICE
Cancellation Policy
You may cancel your subscription at any time by using the subscription link in the app or by contacting our support team at sales@unionbatterydisposal.com. Cancellation requests can be made for any subscription type, including monthly, quarterly, or yearly subscriptions. Upon cancellation, you will continue to have access to the service through the end of your current paid period.
Refund Policy
We do not offer refunds for any subscription period that has already been paid. This applies to all subscription types, whether monthly, quarterly, or yearly. It is your responsibility to cancel your subscription before it renews if you do not wish to continue using our services.
Account Termination
We reserve the right to terminate your account and subscription for any breach of our Terms of Service. In such cases, no refunds will be provided for any remaining subscription period.
YOUR ACCOUNT
We may require that you create an account to access the Union Battery Disposal Site, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
SHIPPING AND RETURNS
This Section applies to Union Battery Disposal Products that are physical goods. For clarity, this Section applies despite any contrary terms in any invoice or purchase order.
Orders are shipped using carriers selected by Union Battery Disposal. The shipping fees you will be charged, if any, will be provided to you before you confirm your order. If we provide you with an estimated shipping date, the estimated delivery date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. Union Battery Disposal is not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery. Unless otherwise noted in the product description, each Union Battery Disposal Product will be delivered FCA delivery location (as such location is designated on the applicable order) (Incoterms 2010).
Unless otherwise noted in the product description, Union Battery Disposal Products may be returned in their original packaging and condition (including all accessories and components provided) within 30 days of purchase. However, unless we tell you otherwise, you will only be entitled to a refund if we provide you with an item that does not match the product description of the item that you purchased. If that occurs, your exclusive remedy is to return the item in unused condition, in exchange for a refund. To begin the return process, please contact us. Return shipping instructions will be provided. Union Battery Disposal will cover the cost of return shipping and will refund your purchase price in full.
SANCTIONS AND EXPORT POLICY
You may not use the Union Battery Disposal Site or purchase any Union Battery Disposal Product in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the Union Battery Disposal Site or any Union Battery Disposal Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.
NO WARRANTIES
We provide the Union Battery Disposal Site, Union Battery Disposal IP, and Union Battery Disposal Products “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation, or any other information provided by Union Battery Disposal or obtained by you from or through the Union Battery Disposal Site – whether from Union Battery Disposal or another entity, and whether oral or written – creates or implies any warranty from Union Battery Disposal to you.
Union Battery Disposal disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Union Battery Disposal Site; (b) that the Union Battery Disposal Products will meet your specific needs or requirements; (c) that the Union Battery Disposal Site will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Union Battery Disposal will correct any defects or errors in the Union Battery Disposal Site; or (e) that the Union Battery Disposal Site is free of viruses or other harmful code. Use of data, products, or services that you access, purchase, or download through the Union Battery Disposal Site is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase, or download.
Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.
LIMITATION OF LIABILITY
Under no circumstances will Union Battery Disposal be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Union Battery Disposal Site or for the unavailability of the Union Battery Disposal Site, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the Union Battery Disposal Site, even if such damages are foreseeable, and whether or not you or Union Battery Disposal has been advised of the possibility of such damages. Union Battery Disposal is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Union Battery Disposal Site or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. Union Battery Disposal further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the Union Battery Disposal Site inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the Union Battery Disposal Site; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the Union Battery Disposal Site; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.
You agree to limit any additional liability not disclaimed or denied by Union Battery Disposal in relation to the Union Battery Disposal Site, Union Battery Disposal IP, and Union Battery Disposal Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Union Battery Disposal during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
DISPUTES
Binding Arbitration: In the event that there is a dispute, claim, or controversy arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation, or validity of any provision of these Terms of Use, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim, or controversy originating from these Terms of Use, but specifically excluding any dispute principally related to either party’s intellectual property (which such dispute will be resolved in litigation before the United States District Court for the Northern District of California), will be determined by arbitration in San Francisco, California before a single arbitrator. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules. The Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply for cases in which no disclosed claim or counterclaim exceeds $75,000 (exclusive of interest, attorneys’ fees, and arbitration fees and costs). Where no party’s claim exceeds $25,000 (exclusive of interest, attorneys’ fees, and arbitration fees and costs), and in other cases in which the parties agree, Section E-6 of the Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply. The arbitrator will apply the substantive law of the State of California, exclusive of its conflict or choice of law rules. If the American Arbitration Association is no longer in business, or refuses or declines to administer any dispute between the parties brought before it, either party may petition the United States District Court for the Northern District of California to appoint the arbitrator. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provisions in this paragraph referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms of Use.
Either party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested.
Service of Process: Each party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in these Terms of Use will affect the right of any party to serve process in any other manner permitted by law.
Class Waiver: To the fullest extent permitted by law, each of the parties agrees that any dispute arising out of or in connection with these Terms of Use, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim arising out of or relating to these Terms of Use or any of the transactions contemplated between the parties.
Provision of an Award: Subject to the limitations of liability identified in these Terms of Use, the appointed arbitrators may award monetary damages and any other remedies allowed by the laws of the State of California. In making a determination, the arbitrator will not have the authority to modify any term or provision of this Agreement. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed in or enforced by a state or federal court located in San Francisco, California. The decision of the arbitrator will be final and binding on the parties and will not be subject to appeal or review.
Fees: Each party will advance one-half of the fees and expenses of the arbitrators, the costs of the attendance of the arbitration reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms of Use, the arbitrators will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.
Confidentiality: The parties will maintain the confidential nature of the arbitration proceeding, the hearing, and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.
Conflict of Rules: In the case of a conflict between the provisions of this Section and the rules governing arbitration identified in Section a, the provisions of this Section will prevail. If any provision of these Terms of Use to arbitrate is held invalid or unenforceable, it will be so held to the minimum extent required by law and all the other provisions will remain valid and enforceable.
APPLICABLE LAW
By using the Union Battery Disposal Site, you agree that the laws of the state of Texas, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Union Battery Disposal.
MODIFICATION AND SEVERABILITY
We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Union Battery Disposal Site by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the “Last updated” date at the top of the page.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Union Battery Disposal. and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Union Battery Disposal. Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Union Battery Disposal. Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Union Battery Disposal. with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Texas without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Union Battery Disposal., shall be filed within the courts having jurisdiction within the County of Hays, Texas or the U.S. District Court located in said state. You and Union Battery Disposal. agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Text Messaging Notifications
Union Battery Disposal offers the option for users to receive reminders and other related notifications via text messages. By opting into our text messaging service, you agree to receive such communications. You may opt-out at any time by following the instructions provided in the text message.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Union Battery Disposal. fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 4 year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Union Battery Disposal. as follows:
Union Battery Disposal.
5312 W Mission Blvd, Ontario CA 91762
Telephone: * phone *
Email: sales@unionbatterydisposal.com
