These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Egghead Enterprises, LLC, Arizona Complete Electronic Recycling, LLC, DBA ACE Recycling (“Company,” “we,” “us,” or “our“), concerning your access to and use of the aceewaste.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected to it (collectively, the “Site”). The Site provides an online marketplace for the following goods, products, and/or services: electronic equipment and accessories (the “Marketplace Offerings”). To help make the Site a secure environment for the purchase and sale of Marketplace Offerings, all users must accept and comply with these Terms of Use. You agree that by accessing the Site and/or the Marketplace Offerings, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are expressly incorporated herein by reference. In our sole discretion, we reserve the right to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. You are responsible for periodically reviewing these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Unless otherwise indicated, the Site and the Marketplace Offerings are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or the Marketplace Offerings and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

By using the Site or the Marketplace Offerings, you represent and warrant that:

1. You have the legal capacity and agree to comply with these Terms of Use.
2. You are not a minor in the jurisdiction in which you reside.
3. You will not access the Site or the Marketplace Offerings through automated or non-human means, whether through a bot, script, or otherwise.
4. You will not use the Site for any illegal or unauthorized purpose.
5. Using the Site or the Marketplace Offerings will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You may not use the Site or the Marketplace Offerings for any illegal or unauthorized purpose, nor may you, in the use of Marketplace Offerings, violate any laws. Among unauthorized Marketplace Offerings are the following:

• Intoxicants of any sort
• Illegal drugs or other illegal products
• Alcoholic beverages
• Games of chance
• Pornography or graphic adult content, images, or other adult products

Postings of any unauthorized products or content may result in immediate termination of your account and a lifetime ban from use of the Sites.

We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information on the Site or the Marketplace Offerings displayed or offered through the Site. You understand and agree that the Site’s content does not contain or constitute representations to be reasonably relied upon. You agree to hold us harmless from any errors, omissions, or misrepresentations in the Site’s content. We do not endorse or recommend any Marketplace Offerings, and the Site is provided for informational and advertising purposes only.

We make every effort to accurately display the colors, features, specifications, and details of the Marketplace Offerings available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the Marketplace Offerings will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All Marketplace Offerings are subject to availability, and we cannot guarantee that Marketplace Offerings will be in stock. Specific Marketplace Offerings may be available exclusively online through the Site. Such Marketplace Offerings may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right to limit the quantities of the Marketplace Offerings offered or available on the Site. All descriptions or pricing of the Marketplace Offerings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Marketplace Offerings at any time for any reason. We do not warrant that the quality of any of the Marketplace Offerings purchased by you will meet your expectations or that any errors in the Site will be corrected.

We accept the following forms of payment: PayPal or credit card through Authorize.net.

You agree to provide current, complete, and accurate purchase and account information for all purchases of the Marketplace Offerings made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so we can complete your transactions and contact you as needed. Sales tax will be added to the purchase price as we deem required. We may change prices at any time. All payments shall be in US dollars.  

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. In our sole discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, payment method, and/or orders using the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

The Site does not allow users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other Site users and through third-party websites. As such, any Contributions you transmit may be treated per the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of every identifiable person in your Contributions to use the name or likeness of every such identifiable person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate any third party’s privacy or publicity rights.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 sexually or violently.
12. Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate or link to material that violates any provision of these Terms of Use or any applicable law or regulation.

Any use of the Site or the Marketplace Offerings in violation of the preceding violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.

The Site may contain user testimonials of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users. They may not necessarily represent all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. Your results may vary.

The testimonials on the Site are submitted in various forms, such as text, audio, and/or video, and are reviewed by us before posting. They appear on the Site verbatim as given by the users, except for correcting grammar or typing errors. Some testimonials may have been shortened for brevity, where the full testimonial contained extraneous information irrelevant to the general public.

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or compensated for them.

You and the Site agree that we may access, store, process, and use any information and personal data you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation.

We do not assert any ownership over your Contributions. You retain full ownership of all your contributions and any intellectual property rights or other proprietary rights associated with them. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from any responsibility and to refrain from any legal action against us regarding your Contributions.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights. We shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. Therefore, you waive all moral rights to any such Submissions, claiming that any Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. 

We reserve the right, but not the obligation, to:

1. Monitor the Site for violations of these Terms of Use.
2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities.
3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
4. In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
5. Otherwise, manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

We reserve the right, but not the obligation, to:

1. Monitor the Site for violations of these Terms of Use.
2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities.
3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
4. In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
5. Otherwise, manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third Party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.

We reserve the right to change, modify, or remove the Site’s contents at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.  

We cannot guarantee that the Site and the Marketplace Offerings will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection in addition to that.

These terms shall be governed by and defined following the laws of the State of Arizona, United States. Egghead Enterprises, LLC, Arizona Complete Electronic Recycling, LLC, and yourself irrevocably consent that the courts of Arizona shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 90 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The arbitration seat, or legal place, shall be Arizona, United States. The language of the proceedings shall be English.

Restrictions

The Parties agree that arbitration shall be limited to the Dispute between the Parties. To the full extent permitted by law:

1. No arbitration shall be joined with any other proceeding.
2. There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures.
3. There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:

1. Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party.
2. Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.
3. Any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

There may be information on the Site containing typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time without prior notice.

The site and the marketplace offerings are provided on an as-is and as-available basis. You agree that using the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and the marketplace offerings and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the site. We will assume no liability or responsibility for any: 

(1) errors, mistakes, or inaccuracies of content and materials, 

(2) personal injury or property damage of any nature whatsoever resulting from your access to and use of the site, 

(3) unauthorized access to or use of our secure servers and/or all personal information and/or financial information stored therein, 

(4) interruption or cessation of transmission to or from the site or the marketplace offerings, 

(5) bugs, viruses, trojan horses, or the like that may be transmitted to or through the site by any third party and/or 

(6) errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. 

As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site or the marketplace offerings, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will always be limited to the lesser of the amount paid, if any, by you to us or ACE Recycling. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

1. Use of the Marketplace Offerings.
2. Breach of these Terms of Use.
3. Any breach of your representations and warranties outlined in these Terms of Use.
4. Your violation of the rights of a third party, including but not limited to intellectual property rights.
5. Any overt harmful act toward any other Site user or the Marketplace Offerings with whom you connected via the Site.

Notwithstanding the preceding, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

We will maintain specific data that you transmit to the Site to manage the performance of the Marketplace Offerings and data relating to your use of the Marketplace Offerings. Although we perform routine data backups, you are solely responsible for all data you transmit or link to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you now waive any right of action against us arising from any such loss or corruption of such data.

We will maintain specific data that you transmit to the Site to manage the performance of the Marketplace Offerings and data relating to your use of the Marketplace Offerings. Although we perform routine data backups, you are solely responsible for all data you transmit or link to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you now waive any right of action against us arising from any such loss or corruption of such data.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site satisfy any legal requirement that such communication be in writing. YOU, AT THIS MOMENT, AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You now waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

These Terms of Use and any policies or operating rules posted by us on the Site or concerning the Marketplace Offerings constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship was created between you and us as a result of these Terms of Use or use of the Marketplace Offerings. You agree that these Terms of Use will not be construed against us by having drafted them. You now waive any defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

If you have any questions concerning our Terms of Use, please contact us at 623.907.5430 or info@aceewaste.com. Our goal is to provide exceptional customer service. Please allow us the opportunity to do so.