1. OVERVIEW
Lakeshore Recycling Systems (hereinafter “LRS”, “we”, “our”, “us”), whose offices are set at 5500 Pearl Street Rosemont, IL 60018, collect and process personal information when you visit our Website (the “Site”) which provide services and information (“Services”) to you subject to the following terms and conditions (“Terms of Use”). The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts these Terms of Use by using the Site or the services found at the Site. If you are agreeing to these Terms of Use on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Use, in which case the terms “you”, “your”, “user” or “customer” shall refer to such corporate entity. These Terms of Use govern your use of the Site. Please read these Terms of Use carefully. Your use of the Site signifies your agreement to these Terms of Use. Separate terms and conditions may apply to other LRS services or business transactions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
Notice Regarding Dispute Resolution: These Terms of Use contain provisions that govern how claims you and LRS have against each other are resolved (see Legal Disputes Section below).
2. AUTHORIZATION
LRS customers and their respective employees (each, an “Authorized User”) are authorized to use the Site solely for purposes relating to their own respective account(s). LRS and their respective employees are not authorized to use or access any portion of the Site that relates to another customer’s account. Third parties (e.g. brokers, agents, competitors, etc.) are not authorized to use the Site for any purpose, including without limitation accessing or changing any customer information (e.g. billing information, etc.), unless the third party first obtains LRS’ express written consent. Third parties may not acquire any authorization to use the Site (including for billing purposes) from a customer via letters of authority or otherwise. Any such letters of authority or similar attempts to grant authority to a third party shall be void.
Unauthorized commercial use, access, or attempts to change information on the Site are strictly prohibited and subject to prosecution under all applicable state and federal laws, including but not limited to, the Computer Fraud and Abuse Act of 1986, 18 U.S.C. § 1030, the Electronic Communications Privacy Act, 18 U.S.C. §§ 2701 et seq.
3. USERS AND ACCOUNTS
To use certain features of the Site, you may need to create an account. If you create an account, you agree you will: (a) create only one account per Site; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; (d) keep your account password private and not share it with others; and (e) notify us if you discover or suspect that your account has been hacked or its security breached.
You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the Site. We do not guarantee that the Site is accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Site or any component of them and to block or prevent future access to and use of the Site and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Site will survive such termination.
4. MINORS
The Site is not intended for use by anyone under age 13. By accessing, using and/or submitting information to or through the Site, you represent that you are at least age 13. Anyone between age thirteen (13) and eighteen (18) may only use the Site under the supervision of his/her parent or a legal guardian.
5. INTELLECTUAL PROPERTY
Trademarks. The trademarks, trade dress, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of LRS, its affiliates, its third-party licensors and others. You are not permitted to use any of the Trademarks displayed on the Site, without the prior, express written consent of LRS, its affiliates, or the third-party licensors that may own the Trademark. You may not use any hyper or HTML links, meta tags or any other “hidden text” utilizing LRS’ or its affiliates’ name or Trademarks without the express written consent of LRS, its affiliates, or third-party licensors. All rights reserved.
Site Materials. All Trademarks, and materials displayed on, or contained within the Site, including, but not limited to, layout, color schemes, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic or digital materials, and names (collectively, the “Materials”), are the property of LRS, its affiliates or its licensors and are protected by copyright, trademark, patent and all other applicable intellectual property laws. You acknowledge and agree that the Site and the Materials are the property of LRS, its affiliates and licensors, and that you will not acquire any rights or licenses in any trademarks, patents, copyrights, or other intellectual property on the Site or in the Materials. You may download a copy of the Materials for your personal non-commercial use. You may not frame or utilize framing techniques to enclose any Materials or Trademark or other proprietary information (including images, text, page layout, or form) of LRS or its affiliates without the express written consent of LRS.
Any copies that you make of the Materials must retain all our copyright and other notices. Except as expressly provided for in these Terms of Use, you may not (i) reproduce, modify, publish, transmit, display, perform, distribute, disseminate, broadcast, circulate, or otherwise exploit any content on the Site, including, but not limited to, any Materials, in whole or in part, to any third party; (ii) participate in the transfer, license or sale of any content on the Site, including, but not limited to, the Materials; or (iii) create derivative works or in any way exploit any content on the Site, including, but not limited to, the Materials. No portion of the content on the Site may be stored in a computer except for personal and non-commercial use. All rights not expressly granted herein are reserved.
6. PERMISSIBLE USE
You agree that you shall not use the Site: (a) to delete, modify, hack or attempt to change or alter any of the Materials on the Site; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (e) to infringe or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, impersonate, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Site, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape or any other similar harmful or deleterious programming routine; (k) for any obscene or immoral purpose; (l) to interfere with or circumvent the security features of our Site, other websites, or the Internet; or (m) for any harvesting of any information concerning other users of the Site. We reserve the right to terminate your use of our Site for violating any of the prohibited uses. We may fully cooperate with any law enforcement agency or authorities, or court order requesting or directing disclosure of the identity of anyone suspected of use of the Site for illegal purposes.
In addition, you will not use the Site or the Services in any manner that: (a) is illegal, or promotes or encourages illegal activity; (b) promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior; (c) promotes, encourages or engages in child pornography or the exploitation of children; (d) promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class; (e) promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; (vi) infringes on the intellectual property rights of another user or any other person or entity; (f) violates the privacy or publicity rights of another user or any other person or entity, or breaches any duty of confidentiality that you owe to another user or any other person or entity; or (g) contains false or deceptive language, or unsubstantiated or comparative claims, regarding LRS, the Site or the Services.
LRS may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, Services or LRS Content (including without limitation prices and fees for the same). LRS may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.
7. LIMITED USAGE RIGHTS
The Site is owned by LRS and licensed to you for your limited use solely to learn about and/or purchase our services. Except as expressly provided in these Terms of Use, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the Site. You may not save or archive a significant portion of the material appearing in or on the Site. All rights not expressly granted herein are reserved by LRS.
8. YOUR OBLIGATION
By using the Site, you represent and warrant that: (i) you are the age of majority in your place of residence, and have the power and authority to accept these Terms of Use and to enter into this agreement with LRS; (ii) you are capable of assuming, and do assume, any risks related to the use of the Materials on the Site; and (iii) you understand and accept the terms, conditions and risks relating to the use of the content and Materials on the Site.
If you are under the age of majority, you may use the Site only with permission and involvement of a parent or guardian. LRS and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Site. Computer viruses or other destructive programs may also be inadvertently downloaded from the Site and Services.
9. NO ENDORSEMENT OF THIRD PARTY SITES
The Site may contain links to or references to third party websites, resources and advertisers (collectively, “Third Party Sites”). Your linking to such Third Party Sites is at your own risk. Under no circumstances shall LRS be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites. LRS also is not responsible for the availability of these Third Party Sites, nor is it responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third Party Sites. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to, the Sites. You should direct any concerns to the respective Third Party Site’s administrator or webmaster.
10. ACCOUNT
In order to utilize certain Site Services, you will be asked to create an account (“Account”) by providing certain personal information such as your name, email address, physical address, payment information, account preferences and other relevant information. (The Site’s Privacy Policy explains how such information may be collected and used). When you use Services from LRS on the Site, you accept these Terms of Use and the specific terms applicable to those Services. Neither LRS nor any of its data providers will be liable in any way to you or to other parties for delays, inaccuracies, errors or omissions in material published on the Site.
When you create your Account you may be asked for your home telephone and mobile telephone number so that we may contact you regarding importation information about your service and account, and to provide special offers to our customers. By providing your home and/or mobile telephone numbers to LRS you consent to receive autodialed and/or pre-recorded calls (or text messages if you provide your mobile telephone number) from or on behalf of LRS regarding importation information about your service and account to the telephone number(s) provided.
Account Holders must be 18 years or older, have properly registered and have an account with LRS (an “Account Holder”). An account is available only to users who have completed the information required by the Site’s enrollment form. As an Account Holder, you agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s enrollment form. LRS reserves the right to revoke or prohibit your Account for any reason at any time, without notice, but, in particular, upon any violation of any of these Terms of Use or the Privacy Policy.
You are responsible for maintaining the confidentiality of your account and password. You may not share your password with third parties without first obtaining LRS’ express written consent. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
11. PRIVACY
Our Privacy Policy available at www.lrsrecycles.com/privacy (“Privacy Policy”) governs the collection, use, and disclosure of your personal information. Our Privacy Policy is incorporated into these Terms of Use by this reference. By accessing the Site you agree to the practices described in our Privacy Policy.
12. ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may choose to communicate with you by e-mail, text messaging, or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
13. MOBILE ACCESS & TEXT MESSAGING TERMS
Use of Mobile Devices. If you use a mobile device to access the Site, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use. By accessing or using our Site via a mobile device, you agree to these Terms of Use and to any applicable terms of a mobile app you may use.
General Terms & Disputes. Without limitation our text messaging program is subject to these complete Terms of Use, which contain provisions that govern how claims you and LRS have against each other are resolved (see Legal Disputes Section below).
Opting Out. You can opt out from receiving SMS/MMS text messages by responding STOP to any message you receive in our text messaging program, or just texting STOP to the number from which you currently are receiving our text messages. In either case, you will receive one additional message confirming that your request has been processed. For all other help inquiries, please text HELP to the number from which you are currently receiving the Message.
Your Own Wireless Plan. As always, message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, it is best to contact our wireless provider.
Your Duties for Your Own Phone Number. You represent that you are the account holder for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for notifying us at 844-633-3577 immediately. Neither we, our vendors, nor any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Participation Subject to Termination or Change. We may suspend or terminate your receipt of automated messages from us if we believe you are in breach of these Terms of Use. Your receipt of these messages is also subject to termination in the event that your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.
14. PAYMENT TRANSACTIONS; BILLING & PAYMENT
You represent and warrant that you have the right to use any credit card, ACH or bank account information, or other means of payment that you provide to us. By providing payment card or bank account information to us, you authorize us to store and use this billing information as a payment method for payment transactions made through your account with us. If you have enrolled in automatic billing, you authorize us to automatically charge your bank account or credit card information when payment is due. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your payment transaction. Prior to accepting a payment transaction, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any payment transaction. We reserve the right to refuse or cancel a payment transaction for any reason, including not limited to inaccuracies or errors in service or pricing information, or problems identified by our credit and fraud avoidance department.
If your payment transaction is canceled after your credit card or bank account (or other payment account) has been charged, we will issue a credit to your credit card or bank account (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your payment transaction is canceled or if additional information is required to accept your payment transaction. We may request a pre-authorization for some payment transactions placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
If you have an outstanding balance from a previous billing period, you must pay that outstanding balance before paying your most recent balance from the current billing period. For this reason, any payment transactions made on the Site will first be applied to outstanding balances, with any remaining amounts then applied to subsequent balances. For example, a $20 payment made by a customer with an (1) outstanding balance of $30 from last month’s billing period and a (2) $20 balance from the current month’s billing period will be applied towards the $30 outstanding balance, leaving that customer with an outstanding balance of $10 and a current balance of $20.
All payment transactions on the Site are processed using our third-party payment processor(s). Our payment processors use secure online payment gateways that encrypt your billing information details in a secure host environment. These details will only be used to process payment transactions which you have initiated.
15. TERMINATION / REMOVAL
LRS may, in its sole and absolute discretion, terminate your password, account (or any part thereof) or your access to the Site, communications transmitted by you, or information stored, sent, or received via the Site without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Site with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Site, (iii) any other access or use of the Site except as expressly provided in these Terms of Use, (iv) any violation of these Terms of Use or the rules and regulations relating to the use of the software and/or data files contained in, or accessed through, the Site, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Site, (vi) failure to use the Site or portion thereof on a regular basis, or (vii) submitting Postings that are off topic or not in accordance with the mission or best interest of the Site. Termination, suspension, or cancellation of these Terms of Use or your access rights shall not affect any right or relief to which LRS may be entitled, at law or in equity. Upon termination of these Terms of Use, all rights granted to you will automatically terminate and immediately revert to LRS and its licensors.
16. DISCLAIMER OF WARRANTIES
LRS and its affiliates attempt to be as accurate as possible. However, LRS does not warrant that descriptions of Services or other content on the Site are accurate, complete, reliable, current, or error-free. Neither LRS nor its affiliates are responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
THE SITE IS PROVIDED BY LRS AND ITS AFFILIATES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE AND EXCLUSIVE RISK AND THE RISK OF DAMAGES FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, LRS, ITS AFFILIATES AND ITS LICENSORS, MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. LRS AND ITS AFFILIATES DO NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM LRS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LRS, ITS AFFILIATES AND EACH OF THEIR LICENSORS, ASSUME NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. LRS AND ITS AFFILIATES RESERVE THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS, OR TO WITHDRAW OR DELETE ANY CONTENT, IN ANY PORTION OF THE SITE AT ANY TIME WITHOUT NOTICE.
LRS AND ITS AFFILIATES MAY MAKE ANY OTHER CHANGES TO THE SITE AT ANY TIME WITHOUT NOTICE. LRS AND ITS AFFILIATES DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING ANY STORAGE SERVICES AND ITS CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
17. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL LRS, ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE AND SERVICES OBTAINED THROUGH THE SITE, LRS’ REMOVAL OR DELETION OF ANY MATERIALS ON THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF LRS OR ANY OF ITS AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT LRS, ITS AFFILIATES OR LICENSORS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE.
THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.
18. INDEMNIFICATION
You agree to indemnify, defend and hold LRS and its affiliates, and their respective shareholders, officers, directors, owners, employees, agents, information providers and licensors (collectively the “Indemnified Parties,” or individually, “Indemnified Party”) harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) arising out of or incurred by any breach by you of these Terms of Use. LRS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with LRS’ defense of such claim. LRS and its affiliates have no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms of Use or the Site.
19. RELEASE
All users of our Site acknowledge and agree that each Indemnified Party is released, discharged, and held harmless from any and all liability from third-party claims made in connection with the Site, including, without limitation, wrongful death and personal injury, money damages, out-of-pocket and court costs, attorney’s fees, damage to tangible property or reputation, including, without limitation, libel, defamation, right of publicity and invasion of privacy. LRS reserves its right to all forms of equitable and legal relief related to fraud or illegal activity connected to the use of our Site.
20. LIMITATIONS ON ACTIONS
You agree that any claim or cause of action arising out of your use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by LRS or its affiliates to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.
21. LEGAL DISPUTES
Please Read This Section Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court. The following sections below apply to legal disputes between LRS and a customer.
These Terms of Use will be governed by the laws of Illinois applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Rosemont, Illinois will be the exclusive jurisdiction and venue for any dispute arising out of or relating to these Terms of Use. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. LRS will be entitled to recover its court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of these Terms of Use.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND LRS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and LRS agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Initial Dispute Resolution. We are available by email at Service@lrsrecycles.com, or go to https://www.lrsrecycles.com/contact-us/ to find the appropriate customer service for your area to help address any concerns you may have regarding the Site or any services you have ordered from us. Most concerns may be quickly resolved in this manner. We and you agree to use best efforts to settle any disputes disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
22. U.S.-BASED SITE
The Site is controlled and operated by LRS in the United States. We do not make any representations that the Site or any services offered via the Site are available or appropriate for use in your location. Your use of or access to the Site should not be construed as us purposefully availing ourselves of the benefits or privileges of doing business in any state or jurisdiction.
23. MISCELLANEOUS
Please review other policies posted on the Site. These policies also govern your visit to the Site. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
24. UPDATES/CHANGES
We reserve the right to amend these Terms of Use, and to modify, add or discontinue any aspect, content, or feature of the Site. Such amendments, modifications, additions and/or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Site, via e-mail or any other means; provided, however, that any changes will not apply retroactively to any dispute arising prior to the time of the change. You agree to the new posted Terms of Use by continuing your use of the Site. You agree to review these Terms of Use periodically and your continued use of the Site following such modification will indicate your acceptance of any modified Terms of Use. If you do not agree with the modified Terms of Use, your sole and exclusive remedy is to discontinue using the Site.
26. CONTACT LRS
If you have any questions regarding these Terms of Use, you can contact us by email at service@lrsrecycles.com or by mail to 5500 Pearl Street, Rosemont, IL 60018.
LAST UPDATED: 05/01/2023
