Customer Terms and Limitation of Libility

Ship 'n' Shred is a service of DataGuard USA.

DataGuard, USA, LLC d/b/a "Ship 'N' Shred", together with its members, employees, agents and affiliates (the "Company") is solely a facilitator of the Ship 'N' Shred program, providing a platform for customers to obtain a shipping label thorough a recognized carrier to ship paper, electronics, textile products, and other items ("Materials") for secure destruction and recycling of the Materials and information, data, or other content contained or stored on the Materials. The Company is not engaged in determining the Materials to be shipped, or evaluating the nature of any contents or data included with the Materials. The Company does not participate in the shipping, handling, or recycling of your Materials, and the Company assumes no responsibility for the actual delivery, processing, or handling of the Materials once they leave your possession. Currently, the Ship N’ Shred program offers shipping through Federal Express ("FedEx"), but the Company reserves the right to change carriers to provide shipping services.

By using the Ship 'N' Shred website and services, you expressly acknowledge and agree you are solely responsibility for determining if the information and data on the documents and/or electronic devices is of value, sensitive, or appropriate to include in the Ship 'N' Shred program. You are solely responsible for the packaging of the Materials in a manner that conforms to the Company's published policies and the requirements of FedEx or any other designated carrier. Accordingly, it is your duty to assure all Materials are properly packaged and labeled, and to deliver the same to FedEx, or another designated carrier for delivery to, and processing by, the Company's designated destruction and recycling center. You further agree to be bound by the terms, conditions and policies for use of the Ship 'N' Shred program published on our website and to adhere to all shipping instructions and requirements as stipulated by FedEx (or other designated carrier), understanding that the terms of FedEx's shipping services will govern the carriage of all Materials shipped under this program. It is also your responsibility to ensure the shipment is properly insured against loss either through FedEx or through an alternative insurance provider. If your Materials include sensitive data, we recommend you obtain supplemental private information, cyber or data loss insurance.

In the event of any loss of sensitive data, damage, or liability arising from the shipping, handling, or processing of the Materials for destruction and recycling, you agree to seek remedy only from FedEx and/or the designated destruction and recycling center, subject to applicable contract terms and standards of liability. You hereby release the Company from any claims, liabilities, damages, or losses that may arise in connection with the shipping, handling, recycling, or destruction of the Materials whether or not anticipated by you at the time of shipping.

By participating in the "Ship N Shred" program, you agree to indemnify, defend, and hold harmless the Company from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your failure to follow any terms of this agreement, the terms of shipment with FedEx, or the terms, policies and requirements of the destruction and recycling center.

Under no circumstances shall the Company be liable to you, or any person related to you, for any direct, indirect, incidental, special, or consequential damages, including but not limited to, loss of profits, loss of revenue, anticipated profits, business, savings, loss of data, loss or damage to goodwill, or other intangible losses, resulting from use of the Ship 'N' Shred program whether or not the Company was advised of the possibility of such damages. The Company shall have no liability for any damages or claims relating to failure in the proper packaging, shipping, recycling, or destruction of Materials. You expressly understand and agree that if you assert any claims against the Company or its affiliates, your total recovery for damages of all types and nature shall be limited to the amount you actually paid the Company in connection with the single transaction that is the basis of any such claims.

By using the Ship N Shred program, you agree to these terms, and affirm you understand your responsibilities and the limitations of Company's liability as outlined above or contained elsewhere in the Company's online information and policies, or in the agreement between you and the carrier or destruction and recycling center.