Commonwealth Computer Recycling (hereinafter “CCR”) provides an online website for consumers, businesses, and organizations (hereinafter “CUSTOMER”) to recycle and wipe their hard drives, cell phones, smartphones, laptops and other materials (hereinafter “PRODUCT”). The use of CyberCrunchRecycling.com is governed by the terms and conditions set forth in this User Agreement (hereinafter “AGREEMENT”). Your use of this site and/or placement of a transaction indicates your acceptance of the terms and conditions set forth in this AGREEMENT.
ELIGIBILITY TO CONTRACT
CCR is only available to CUSTOMER (s) who can form legally binding contracts under applicable law.
CUSTOMER must be the sole and rightful owner of the PRODUCT, and all PRODUCT must be free of any liens and/or claims by any third party. CUSTOMER agrees to transfer all title and interest in the PRODUCT to CCR upon the receipt of PRODUCT at the CCR facility in Greensburg, Pennsylvania.
CCR will not be liable for any damages or loss of shipment during any mode of transit. Customer may elect to mail the items themselves. Signature delivery is required.
CCR will dispose of the Property and sanitize the same in the manner and as set forth in NIST Publication 800-88 Guidelines Rev1, Type-Purging. CUSTOMER acknowledges that CCR is entitled to recycle, resell and reuse the physical components of the PRODUCT. If customer has elected, CCR will provide to CUSTOMER a Certificate regarding the discharge of CCR’s obligations, whereupon CCR agrees to indemnify and save harmless CUSTOMER for and on account of any losses and damages that may occur as a result of CCR’s failure to sanitize the Property to the standards as set forth above up to a sum not greater than Five Thousand Dollars ($5,000.00). CCR will provide to CUSTOMER a Certificate of Destruction.
CUSTOMER shall not deliver to CCR any material considered toxic or dangerous or which is regulated under any federal or state law or regulation relating to hazardous materials. In the event of the accidental or negligent custodial transfer of hazardous or regulated waste, including bio-hazard, Client agrees to appropriately, safely and legally assume custody of such hazardous materials at their expense and further to indemnify CCR from any property damage or personal injury resulting from such transfer of material. Furthermore, CCR has the right to dispose the material at the CUSTOMER expense.
“Confidential Information” means any information relating to CUSTOMER’s PROPERTY, business and affairs. Unless such Confidential Information was previously known to CCR free of any obligation to keep it confidential, is subsequently made public by CUSTOMER or by a third party having a legal right to make such disclosure, or was known to CCR prior to receipt of same from CUSTOMER, it shall be held in confidence by CCR and shall be used only for the purposes provided in this Agreement. CCR shall use the same degree of care to safeguard CUSTOMER’s Confidential Information as it uses to safeguard its own. However, CCR may comply with any subpoena or similar order related to materials delivered to CCR; provided that it shall, unless prohibited by law, notify Client promptly of any such subpoena or notice. CUSTOMER shall pay CCR’s reasonable costs for such
CCR acknowledges that in connection with this engagement with CUSTOMER it may have access to protected health information (“PHI”) and therefore may be acting as a “business associate” under the HIPPA Privacy and Security Rules. In connection with this information, CCR agrees that it (a) will not use or further disclose PHI other than as permitted to perform these services or as permitted or required by law; (b) will report to CUSTOMER, within a reasonable period of time, any use or disclosure of PHI or breach or security incident not provided for by this Agreement and affecting CUSTOMER’s PHI of which it becomes aware; (c) will use appropriate safeguards to prevent use or disclosure of PHI other than as permitted by this Agreement; (d) will require that all of its subcontractors and agents to which it provides PHI pursuant to the terms of this Agreement agree to all of the same restrictions and conditions to which CCR is bound; (e) will make available for access and amendment PHI that it maintains to the extent this PHI is part of a designated record set; (f) will make available upon CUSTOMER’s request an accounting of disclosures in accordance with the Privacy Rule; (h) will make available to the Secretary of Health and Human Services upon reasonable notice the internal records and documentation necessary to determine the CUSTOMER‘s HIPAA compliance as it relates to this engagement; (i) upon termination of this Agreement will, where feasible, return or destroy all PHI received from CUSTOMER under this Agreement; (j) will otherwise meet applicable requirements of the Privacy Rule; (k) will implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the electronic PHI that it receives or maintains on behalf of the Client. CCR will also conduct its activities in accordance with reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft where reasonably applicable to CCR’s services.
CyberCrunchRecycling.com is operated by CCR from our offices in Greensburg, Pennsylvania. It can be accessed from all 50 states in the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of Pennsylvania, by accessing the Web Site, CUSTOMER agree that this Agreement shall be governed in all respects by the internal substantive laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws provisions. Furthermore, any controversy or claim brought by CUSTOMER against CCR arising out of or relating to this Agreement shall be brought within six (6) months of the event out of which such claim or action arose, and shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim brought by you shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in Pittsburgh, Pennsylvania, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
This Agreement shall be binding on the parties and their respective successors and assigns. Neither party may assign this Agreement, except to an affiliate, without the prior written consent of the other party, which consent shall not be unreasonably withheld.
BY USING THIS WEB SITE YOU ACCEPT AND AGREE TO THIS USER AGREEMENT.