By accessing this web site, 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 trade mark law.
2. Use License
Permission is granted to create a user ID to generate a Lot ID # on Cash For Computer Scrap's website. Under this agreement 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 Cash For Computer Scrap'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.
Cash For Computer Scrap 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, Cash For Computer Scrap 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 Cash For Computer Scrap 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 Cash For Computer Scrap's Internet site, even if Cash For Computer Scrap or a Cash For Computer Scrap 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.
Cash For Computer Scrap 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 Cash For Computer Scrap of the site. Use of any such linked web site is at the user's own risk.
8. Governing Law
Any claim relating to Cash For Computer Scrap's web site shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
1.1 In this Agreement, “Customer” shall mean the individual or entity shipping Computer Scrap to CFCS as identified on the electronic form on CFCS’s website, and “CFCS” shall mean CFCS, LLC.
1.3 “Computer Scrap” shall mean computer boards, mainframe/serve boards, pins, cell phones, memory, CPUs, Eproms, ICs, telecommunication boards and certain other electronic scrap as CFCS may accept, in its sole discretion, from time to time.
1.4 “Services” shall mean the disposal of Customer’s Computer Scrap and the payment to Customer of certain funds as further detailed in this Agreement.
2. SCOPE; PRODUCTS; SERVICES; ORDERS
2.1 Subject to the terms of this Agreement, CFCS shall provide the Services to Customer and CFCS shall pay to Customer an amount, determined in good faith and in the sole discretion of CFCS, for Customer’s Computer Scrap.
2.2 An order shall become binding on CFCS only when the Computer Scrap shipped by Customer to CFCS is accepted and approved by CFCS, in the sole discretion of CFCS.
2.3 CFCS may reject any order for any reason in its sole discretion. In the event that CFCS rejects Customer’s order, CFCS shall ship the Computer Scrap to Customer at the address previously provided by Customer [at Customer’s sole cost and expense pursuant to the invoice and shipping procedures set forth in Section 2.4.]
2.4 If Customer desires to cancel an order, it must make such request by sending a message to CFCS through the “contact us” link on the CFCS website with the subject line reading “Cancelled Lot” and the Lot ID # in the body of the message. If CFCS has the ability to cancel such order, CFCS shall do so and send a notification of such cancellation by email to Customer. In the event CFCS cannot cancel the order, CFCS shall inform Customer of such inability. In the event CFCS cancels an order at Customer’s request, CFCS shall ship the Computer Scrap to Customer at the address previously provided by Customer at Customer’s sole cost and expense. Upon cancelling an order at Customer’s request, CFCS shall send Customer an invoice of the shipping costs by email. CFCS shall not be under any obligation to ship the Customer’s Computer Scrap until CFCS has received the full amount of the shipping costs set forth in the applicable invoice from Customer. Notwithstanding the foregoing, if CFCS has not received the full amount of the shipping costs from Customer within 30 days of CFCS providing Customer with the applicable invoice, CFCS shall dispose of the Customer’s Computer Scrap without any obligation to Customer.
3.1 CFCS shall pay Customer an amount, determined in good faith and in the sole discretion of CFCS, within a commercially reasonable period of time from the date that CFCS accepts the Computer Scrap. All prices listed on CFCS’s website are subject to change at any time without notice to Customer.
4. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
4.1 CFCS MAKES NO WARRANTIES REGARDING THE SERVICES.
4.2 TO THE FULLEST EXTENT PERMITTED BY LAW, CFCS EXCLUDES ALL EXPRESS AND IMPLIED TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS REGARDING THE SERVICES ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY, REASONABLE SKILL AND CARE AND FITNESS FOR A PARTICULAR PURPOSE.
4.3 IN NO EVENT SHALL CFCS BE RESPONSIBLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
5. TITLE; RISK OF LOSS
5.1 Title and risk of loss shall pass from Customer to CFCS when the Computer Scrap is accepted and approved by CFCS in accordance with Section 2.2.
5.2 In the event CFCS ships Computer Scrap to Customer as provided in Sections 2.3 and 2.4, title and risk of loss shall pass from CFCS to Customer upon CFCS delivering such Computer Scrap to a courier, of CFCS’s choice, for shipment to Customer.
6. TERM AND TERMINATION
6.1 This Agreement shall commence on the date an order is accepted by CFCS pursuant to Section 2.2 and shall continue in full force and effect until all of the obligations of either party hereto have been satisfied.
6.2 The terms contained in Sections 4, 8 and 9 of this Agreement shall survive termination of this Agreement and at all times remain in full force and effect.
7. FORCE MAJEURE
7.1 CFCS shall not be liable for any failure or delay in its performance under this Agreement when and to the extent its failure or delay results from any of the following causes: acts of God or public enemies, civil war, delay of carriers, terrorism, insurrection or riot, fire, flood, explosion, earthquake or serious accident, strike, labor trouble or work interruption or any cause beyond its reasonable control.
8.1 [Customer shall hold CFCS harmless against liability or obligation, whether in contract, tort or otherwise, with respect to any expense, loss or damage to Customer or any other person resulting, entirely or in part, from the negligence or intentional misconduct of Customer.]
9.1 Any failure by CFCS to enforce at any time or for any period of time the provisions of this Agreement shall not be construed as a waiver of such provision, or of the right to enforce that provision.
9.2 In the event any part of this Agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions.
9.3 This Agreement may be assigned by CFCS without the consent of Customer.
9.4 The headings of each provision of this Agreement are for reference purposes only. This Agreement may not be modified unless the modification is in a writing signed by both parties. Customer acknowledges and agrees that in entering into this Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this Section 9.4 shall operate to limit or exclude any liability for fraud. This Agreement shall be binding on and shall inure to the benefit of the permitted successors and assignees of the parties hereto.
9.5 Any notice or other communication required or permitted in this Agreement shall be in writing and shall be deemed to have been duly given on the day it is sent via email at the email address set forth on the electronic form on CFCS’s website, or at such other email address as may be specified by either party pursuant to the terms and provisions of this paragraph.
9.6 CFCS is acting as an independent contractor under this Agreement. Neither party is, or shall be deemed for any purpose to be, an employee or agent of the other and neither party shall have the power or authority to bind the other party to any contract or obligation. CFCS retains the right to perform work for others during the term of this Agreement.
9.7 This Agreement shall be governed by and shall be construed by the law of the State of Ohio. The parties agree and consent to the exclusive jurisdiction of the federal courts located in Cuyahoga County, State of Ohio, and the state courts located in Lake County, State of Ohio, and each party further consents to personal service in connection with any action brought in any such court.