Thank you for visiting our web site. The information, images, tools, products and services offered on our site are subject to the following Terms of Use. BY ACCESSING OR USING THIS WEBSITE (“THE SITE”), YOU AGREE TO THESE TERMS OF USE. Disposal Guard Inc. Inc. is the owner of The Site and reserves the right to change these Terms of Use and the content on The Site, including the prices and descriptions of any products shown on The Site, at any time at its sole discretion.
These changes, if they occur, will be posted on The Site. You may also be subject to terms and conditions in addition to these Terms of Use which are posted on other pages of The Site. As long as you use The Site in accordance with these Terms of Use, Disposal Guard Inc. grants you a non-exclusive, nontransferable, limited right to enter, display and use The Site and temporarily download The Site solely for the purposes of temporarily viewing and accessing it, including printing its contents through the use of a browser and uploading files to it through utilities provided on The Site.
1. You agree not to interrupt or attempt to interrupt the operation of The Site, to use or contact The Site in such a manner as to disrupt or damage its content or affect in any way the ability of third personsto access The Site or to post or transmit to The Site any unlawful, threatening, libelous, defamatory, obscene, pornographic or similar material.
2. You agree not to use any means to circumvent log in, password, and other protections used to restrict access to certain parts of The Site.
3. You agree not to frame or utilize framing techniques to enclose any portion or portions of The Site or any content appearing on The Site without the express written permission of Disposal Guard Inc.
4. You will not use The Site to harass or disparage Disposal Guard Inc., its owners, officers or employees, its suppliers or customers or its products or services.
5. Use of The Site is for your use only. Except as set forth above you may not reproduce, distribute or transmit any portion of The Site, including any text, images, tools, audio or video incorporated on The Site. Any unauthorized use of the text, images, tools, audio or video incorporated on The Site is a violation of the copyrights and trademarks of Disposal Guard Inc. and may subject you to civil and/or criminal prosecution.
6. Unless otherwise stated on The Site, copyright in all material found on The Site is owned by Disposal Guard Inc..
7. All trade names, trademarks and service marks found on The Site are owned by Disposal Guard Inc. except where otherwise noted. No use of those trade names, trademarks and service marks is permitted without their respective owners’ written permission. Use of those trade names, trademarks and service marks as part of your own trademarks, to identify products or services which do not originate from Disposal Guard Inc. or their respective third-party owners identified on The Site, use in a manner that is likely to cause confusion, use in a manner that is likely to imply that Disposal Guard Inc. sponsors, endorses, or is otherwise connected with activities, products or services which it does not sponsor, endorse or is connected with and use in a manner that disparages Disposal Guard Inc. is prohibited.
8. Disposal Guard Inc. collects and stores information about you pursuant to the terms of its Privacy Policy found elsewhere on The Site.
9. YOUR USE OF THE SITE IS AT YOUR OWN RISK. Disposal Guard Inc. MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF ANY OF THE CONTENT POSTED ON THE SITE AND DISPOSAL GUARD INC. SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT FOUND ON THE SITE. Disposal Guard Inc. AND ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE nDAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OR INABILITY TO USE OR ACCESS THE SITE. DISPOSAL GUARD INC. IS NOT RESPONSIBLE FOR TIMELINESS, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY, VIRUSES OR OTHER DEFECTS IN THE SITE OR ITS CONTENTS. DISPOSAL GUARD INC. IS NOT RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES TO USERS OF THE SITE OR THEIR COMPUTER SYSTEMS OR OTHERWISE, AND USERS ASSUME ALL RISKS IN CONNECTION WITH THEIR ACCESS TO OR USE OF THE SITE. IN ADDITION, DISPOSAL GUARD INC. SHALL NOT BE LIABLE IN ANY AMOUNT FOR ITS FAILURE TO PERFORM IF SUCH FAILURE IS CAUSED BY AN OCCURRENCE OR CAUSE BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, COMMUNICATIONS OUTAGES, LABOR DISPUTES, EARTHQUAKE, FIRE, FLOOD, STORM, WAR, ACTS OF TERROR, OR ACT OF GOD; OR ANY ACTS OF GOVERNMENTAL BODIES OR
AUTHORITIES.
10. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE, AND ALL PRODUCTS AND SERVICES OFFERED FOR SALE ON THE SITE, SUBJECT TO THE EXCEPTION NOTED BELOW, ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
ONE YEAR EXPRESS LIMITED WARRANTY-FOR ONE YEAR FROM THE DATE OF SALE Disposal Guard Inc. WILL REPLACE YOUR DISPOSE-IT-GUARD STOPPER, STRAINER, SAFETY POKER & SCRAPER IF IT BREAKS OR DEFORMS DURING THAT PERIOD AS A RESULT OF “NORMAL USE.” “NORMAL USE” DOES NOT INCLUDE USE WHERE TEMPERATURES EXCEED 200º FAHRENHEIT (93º CELSIUS), EXPOSURE OF THE PRODUCT TO CAUSTIC DRAIN CLEANERS, USE OF THE PRODUCT FOR PURPOSES OTHER THAN THAT FOR WHICH IT IS INTENDED AND CLEANING THE PRODUCT IN AUTOMATIC DISHWASHERS UNLESS PLACED IN THE TOP SHELF.
THERE ARE NO OTHER WARRANTIES FOR THE DISPOSE-IT-GUARD STOPPER, STRAINER,SAFETY POKER & SCRAPER WHICH EXTEND BEYOND THE ONE YEAR EXPRESS LIMITED WARRANTY DESCRIBED ABOVE, WHICH SHALL NOT BE APPLICABLE UNLESS THE PURCHASER SUBMITS TO DISPOSAL GUARD INC.
BOTH PROOF OF PURCHASE AND THE “DEFECTIVE” PRODUCT. Please note that some states or jurisdictions do not allow the disclaimer of implied warranties and the
limitation of liability, so the foregoing disclaimer and insulation may not apply to you.
11. DISPOSAL GUARD INC. EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED OR OFFERED FOR SALE BY THIRD PARTIES ON THE SITE
12. The sole exception to the terms set forth in the bold letter provisions noted above is that in certain cases third-party manufacturers of some of the products which may be offered for sale on The Site may offer warranties covering their products, which are subject to the terms and conditions, and limitations, set forth in those warranties.
THESE WARRANTIES MAY BE OFFERED FROM TIME TO TIME BY SOME OF THE MANUFACTURERS OF PRODUCTS OFFERED FOR SALE ON THE SITE AND ARE
SUBJECT TO TERMS AND CONDITIONS THAT ARE PROVIDED SOLELY BY THOSE MANUFACTURERS OVER WHICH Disposal Guard Inc. HAS NO CONTROL AND WHICH MAY CHANGE FROM TIME TO TIME WITHOUT NOTICE BY THOSE MANUFACTURERS.
13. NO INFORMATION PROVIDED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY DISPOSAL GUARD INC. IN THESE TERMS OF USE.
14. Internet transmissions are never completely private or secure. You understand that any information that you send to The Site may be read or intercepted by others.
15. Other websites may contain links to The Site or The Site may contain links to other websites. Disposal Guard Inc. is not responsible for the content of any site linked to or from The Site, and if Disposal Guard Inc. provides links on The Site to other sites, the inclusion of those links is for the convenience of visitors to The Site and is not intended to be an endorsement by Disposal Guard Inc. of the owner or sponsor of that linked website, the content found on that website or the products or services offered on that website. The owner of any page or website linked to The Site shall not represent either expressly or by implication that Disposal Guard Inc. is endorsing it, any content on that page or website or any products or services marketed or offered for sale on that page or web site, misrepresent its relationship with Disposal Guard Inc. or present false information about Disposal Guard Inc.. Disposal Guard Inc. does not warrant either expressly or by implication the accuracy, validity or legality of any information, content, products or services found on those sites.
16. If you believe that any content found on The Site violates the copyright, trademark rights, patent rights, trade secrets or any other exclusive proprietary rights of any third party, please contact us at our address and phone number found on the “Contact Us” page of our site or you may contact us directly using that page. We can be reached by telephone between the hours of 8:30 a.m. and 5:00 p.m. Central Time Monday through Friday except national holidays.
17. Disposal Guard Inc. is located in the United States of America, in Elk Grove Village, located in Cook County, in the state of Illinois. The Site as well as any legal terms contained thereon are governed by and are subject to the laws of the state of Illinois and the United States of America as well as the common law of those jurisdictions regardless of the location of any visitor or user to The Site. By accessing, visiting or using The Site or purchasing any good or service offered for sale on The Site you agree to the fullest extent permitted by law that any proceeding arising out of or relating to your use of The Site or your purchase of any products or services offered thereon shall be instituted in a state or federal court sitting in the county of Cook, state of Illinois, United States of America and you expressly waive any objection that you may have to the selection of that venue or to the jurisdiction of any court located in that venue.
18. You agree to indemnify and hold Disposal Guard Inc. and its agents, directors, officers and employees harmless from and against any losses, costs, damages, liabilities and expenses, including, without limitation, attorney’s fees and costs, incurred by Disposal Guard Inc. and its agents, directors, officers and employees in connection with any claim arising out of any breach by you of these Terms of Use or relating in any way to a transaction or dispute between you and any third party.
19. Any person or entity that submits data, information, text, drawings or images to The Site hereby warrants and represents that he/she/it is the sole and exclusive creator and owner of said data, information, text, drawings or images or holds a license to use and to submit said data, information, text, drawings or images to The Site, that said data, information, text, drawings or images does not intentionally or knowingly infringe any third party Intellectual Property Rights, that said data, information, text, drawings or images does not contain or provide any nonpublic information belonging to a third party without proper authorization; that said data, information, text, drawings or images does not involve or encourage illegal activity; and that said data, information, text, drawings or images does not contain any software viruses, Trojan horses, worms, time bombs, or other computer code or files designed to disrupt, damage, or limit the functioning of any software and/or hardware or The Site.
20. In the event that any of these terms is held unenforceable, the remaining portions hereof shall remain and continue in full force and effect. The delay or failure of Disposal Guard Inc. to exercise any right under these Terms of Use and any partial or single exercise of that right shall not constitute a waiver of that right or any other right, unless otherwise expressly provided herein. The waiver of a breach of any term hereof or any default hereunder shall not be deemed a waiver of any subsequent breach or default, whether of the same or similar nature, and shall not in any way affect the other terms hereof.
Notice for making claims of infringement-Written notification must be submitted to the following
Designated Agent:
Name of Agent Designated to Receive Notification of Claimed Infringement:
Eric Wachspress
Full Address of Designated Agent to Which Notification Should be Sent:
1727 North Natoma Avenue
Chicago, Illinois 60707 U.S.A.
Facsimile Number of Designated Agent:
773-237-5721
E-mail Address of Designated Agent:
ericwachspress@sbcglobal.net
