Terms and Conditions (“Terms”) of Total CollectR LLC (“Total CollectR”, “We”, “Us”, or “Our”) are listed below. Please read these terms carefully as they govern your access to and use of any website on which these terms are posted, including but not limited to TotalCollectr.com (collectively, the “Website”). These terms apply and become binding on the first date that you access any part of the website or use any of the functionality provided through the website. By accepting these terms or accessing or using the website, you acknowledge that you have read the terms in effect at the time of your access and/or use and agree that you are bound by them. If you do not agree with any part of these terms, please do not access or use the website.
You represent that you are at least 18 years of age (or the age of majority in the State in which you reside). This Website is not intended for users under 18 years of age, and you may not use this website if you are under 18 years of age.
Changes To Terms; Additional Terms
We may modify and amend these Terms at any time. We will post the modified Terms on the Website and indicate the date the terms were last updated. You understand and agree that your continued use of the Website after we have made any such changes constitutes your acceptance of the new Terms. In addition, certain functionality and features on this Website may be governed by or subject to additional or separate terms, conditions, or notices that differ from these Terms. Therefore, you should review these Terms and any other applicable terms, conditions, and notices that are in effect each time you use the Website. We will consider your continued use of the Website and acceptance of any such additional terms, conditions, and notices.
All features, functionality, and content of the Website, including all designs, artwork, text, images, audio, photos, videos, information, software, interfaces, and documentation, are the property of Total CollectR and its licensors. Total CollectR grands no right to you in the Website, or any of its features, functionality, or content, other than as expressly provided in these Terms. All logo designs and all other names and logos identifying Total CollectR and its products and services or otherwise appearing on the Website are proprietary trademarks of Total CollectR or its licensors and you are strictly prohibited from using them without Total CollectR’s express written permission.
License to Access And/Or Use Website
Total CollectR grants you a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Website and its materials and information solely for your personal and informational use. Total CollectR’s license to you is conditioned on your compliance with these Terms. You may not use the Website (or any part of it) for any commercial purposes or in any manner not permitted by these Terms. You may print materials and information from the Website solely for your personal and information use as long as all hard copies contain all copyright and other applicable notices contained in such materials and information.
In order to use certain features of the Website, you may need to create an online username and select a password. You are responsible for the security of your password and login credentials. You also agree that you are solely responsible for all actions under your login credentials, whether or not authorized by you, subject to applicable laws and the rules of any applicable payment network used to make payments on this Website. You must notify us immediately of unauthorized use of your login credentials or password. Total CollectR is not liable for any loss or damage from your failure to comply with these requirements.
When registering for login credentials or otherwise providing information on the Website, you agree to (a) maintain the security of your password and login credentials; (b) provide accurate, current, and complete information as may be prompted by any forms available through the Website or otherwise requested by us; (c) maintain and promptly update your information to keep it accurate, current, and complete; (d) promptly notify us regarding any material changes to your contact information and payment information; and (e) be fully responsible for all use of the Website under your login credentials or related to your Account(s), including transactions made on your Account(s).
Access & Use Restrictions
In accessing or using the Website, you agree that you will not:
- Reproduce, re-distribute, sell, publish, broadcast, or circulate any materials or information contained on the Website to anyone, even if they are in the same company or organization as you;
- Post materials or information from the Website to news groups, mail lists, or bulletin boards;
- Modify, edit, alter, or enhance any of the materials or information from the Website in any manner;
- Submit fraudulent, misleading, or otherwise falsified information relating to your login credentials, or your Account(s);
- Purposely manipulate, change, or otherwise interfere with the functioning of the Website or any of its subparts and/or correlating security measures;
- Access or use the Website in a manner that in Total CollectR’s sole discretion could damage, disable, overburden, or impair the Website, or interfere with any other party’s access to and/or use of the Website;
- Attempt to gain unauthorized access to the Website, or any part of it, other accounts, or computer systems or networks connected to the Website, or any part of it, through hacking, password mining, or any other means, or interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;
- Exploit the Website for any commercial gain;
- Upload, download, post, submit, or otherwise distribute or facilitate the distribution of any content on or through the Website that is unlawful, fraudulent, deceptive, false, misleading, untruthful, or inaccurate;
- Obtain or attempt to obtain any materials or information not intentionally made available through the Website;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website;
- Use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission or bypass our robot exclusion headers or other measures we use to prevent or restrict access to the Website;
- Utilize framing techniques to enclose any trademark, logo, or other Total CollectR materials or information without our express written consent; or
- Use any meta tags or any other “hidden text” utilizing Total CollectR’s name or trademarks without our express written consent.
If Total CollectR, in its sole discretion, believes that you have engaged in any activities restricted by these Terms or by law, your license to access and/or use the Website terminates automatically without notice to you. In addition, we may take other various actions to protect Total CollectR, other users, and other third parties, including:
- Suspending your access to or use of the Website;
- Updating inaccurate information you provided us;
- Refusing to allow you to use the Website in the future;
- Taking legal action against you; and
- Holding you liable for Total CollectR’s damages caused by your violation of these Terms or applicable law.
You agree to destroy any printed or downloaded materials or information you obtained from the Website immediately upon termination of your license to access and/or use the Website.
You agree that we, in our sole discretion, may suspend or terminate your access to or use of the Website and to remove and discard any content within the Website, for any reason, including for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. In our sole discretion, we may also refer suspected fraudulent, abusive, or illegal activity on the Website to appropriate law enforcement authorities. You agree that we may terminate your access to or use of the Website under any provision of these Terms without prior notice.
To the maximum extent permitted by applicable law, the Website, including all content, materials, and functionality of the Website are provided “as is” and Total CollectR disclaims all warranties of any kind, whether express or implied, including but not limited to any warranties or merchantability, non infringement of intellectual property, and fitness for any particular purpose. Total CollectR does not warrant the accuracy or completeness of the information, text, graphics, links, or other items contained within the materials.
The Website may be temporarily unavailable from time to time for maintenance or other reasons. Total CollectR has no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, your online access to your Account(s). Total CollectR is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or other communications on account of technical problems or traffic congestion on the Internet or on the Website, or combination thereof, including injury or damage to you or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Website.
The laws of certain States may not allow certain disclaimers of warranties with respect to consumers, in which case the limitations and disclaimers above apply to the maximum extent permitted by your jurisdiction.
Limitation of Liability
To the maximum extend permitted by applicable law, in no event will Total CollectR or any of its affiliates be liable to you or to any third party, whether in contract, warranty, tort (including negligence), or otherwise, for any indirect, special incidental, consequential, exemplary, or punitive damages, or for lost profits or lost data arising from your use of the Website, even if Total CollectR has been advised of the possibility of such damages. To the maximum extend permitted by applicable law, in no event shall Total CollectR or any of its affiliates total liability to you in connection with these Terms or access to or use of any part of this Website exceed $100. The laws of certain states may not allow the exclusions and limitations of damages in this section, in which case Total CollectR and its affiliates liability for damages in connection with this website and these terms shall be limited to the maximum extend permitted by the laws of the applicable state.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Total CollectR and all of its successors, parents, subsidiaries, affiliates, officers, directors, stockholders, investors, employees, agents, representatives, and attorneys, and their respective heirs, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, losses, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties arising out of or relating to (a) your access to, use of, or alleged use of the Website; (b) your violation of these Terms, any representation, warranty, or agreements referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including without limitation any intellectual property, publicity, confidentiality, property, or privacy right; or (d) any disputes or issues between you and any third party. We reserve the right, at our 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 as fully as reasonably required with our defense of such claim. Total CollectR reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without our prior written consent.
The Website may from time to time include links to other websites that are not under Total CollectR control. We provide these links for your information and convenience only and do not endorse the content of such linked websites or third parties. Total CollectR expressly disclaims any responsibility for the content or availability of any linked site or any link contained in a linked site. We may terminate any link or linking program at any time. When you access any of the third party sites linked to this site, you do so at your own risk.
This Website, including all content, features, and materials on this Website, are intended for use within the United States only. We make no representation that this Website or any of its content, features, or materials are appropriate or available for use in other locations. Those who access this Website from outside the United States do so at their own risk and are responsible for compliance with applicable local laws. You agree to comply with all U.S. or other export and re-export control restrictions. You represent and warrant that you are not located in, or a resident or a national of, any country (a) subject to a U.S. government embargo or similar restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) listed on any U.S. government lists of prohibited or restricted parties.
The substantive and procedural laws of the State of Wyoming, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern these Terms, your access to and use of the Website, and any claim relating to the materials on this Website.
By accepting these Terms, you also expressly consent to be contacted by Total CollectR for any purpose arising out of or relating to your access to or use of the Website, or your Account(s) by email, SMS messages (including text messages), and calls and messages delivered using automatic telephone dialing system or an automatic texting system. In the event that an agent or representative calls, he or she may send you a text message or leave a message on your answering machine or voice mail.
You consent to receive emails, SMS messages (including text messages), calls, and messages from us at the specific number(s) or email address you have provided to us, or numbers or email address we can reasonably associate with your Account(s) with service-related information, notices, disclosures, documents, other Account-related correspondence, or questions about your Account(s). You further represent and warrant that the telephone number you have provided to us is your contact number and that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to alert us promptly if your telephone number changes or is no longer in service. You also agree that any email address you provide to Total CollectR is an active and personal private email address accessible only to you and not a workplace or shared email address. You agree that we may use such means of communication described in this section even if you will incur costs to receive such phone messages, text messages, e-mails, or other means. Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice or liability to you.
If at any time you wish to stop receiving communication by electronic means from Total CollectR, you can click the Unsubscribe link, if any, contained within the electronic communication, or contact Total CollectR using the contact information contained in the Contact Us link on the Website.
Federal E-Sign Disclosure and Consent Notice
We may be required by law to give you certain information “in writing” which means you are entitled to receive it on paper. We may provide this information to you electronically, instead, with your prior consent. You agree and consent to receive communications electronically, including but not limited to notices, disclosures, records, documents, and other information (collectively, “Communications”) that we provide or that you agree to at our request in connection with any of your current or future Account(s). We will provide these Communications to you via the Website, or by email, if you have so elected. Your consent also confirms that you are able to receive, open, and print (if desired) a copy of such Communications provided through this Website or the email address you provide. Your consent remains in effect until you give us notice that you are withdrawing it. We may always, in our sole discretion, provide you with any Communications in writing, even if you have chosen to receive them electronically. Your consent covers all Communications relating to any of your current or future Account(s).
Hardware & Software Requirements. In order to access and retain electronic Communications, you will need a computer with an internet connection, and an installed printer if you wish to print them. In order to download and view your documents on your computer, you need to have a program installed on your computer that accurately reads and displays PDF files such as Adobe Acrobat Reader. We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications from Total CollectR by posting them to the Website or by email. You must also have an active valid email address if you elect to receive Communications by email. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.
How to Withdraw Your Consent. You may withdraw your consent to receive Communications electronically by contacting us at 855-431-5556 or by contacting email@example.com. If you fail to provide consent or if you withdraw your consent to receive Communications electronically, Total CollectR reserves the right to deny your access to and use of the Website.
Requesting Paper Copies of Electronic Communications. If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy at no charge within 180 days after the date we provided the Communication to you by contacting us at 855-431-5556 or by contacting firstname.lastname@example.org. We will send your paper copy to you by U.S. mail to the address we have on file.
Updating Your Contact Information. It is your responsibility to keep your primary email address up to date so that Total CollectR can communicate with you electronically, and you must promptly notify us of any change in your email address. Please note that if you use a spam filter that blocks or re-routes emails, you must allow senders with the domain extension @totalcollectr.com so that you will be able to receive the Communications we send you. You may update your email address on your Account profile page,by contacting us at 855-431-5556 or by contacting email@example.com.
The following sections of these Terms survive termination of your access to and use of the Website: Proprietary Rights, Disclaimer, Limitation of Liability, Indemnity, Governing Law, Arbitration Agreement and Class Action Waiver, and General, and any other provision that by its terms survives termination of your access to and use of the Website.
You may not assign or transfer these Terms or your rights and obligations under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms or any of our rights or obligations under these Terms at any time without notice. Our failure to require performance of any provision of these Terms does not affect our right to require performance at any time thereafter, nor may you consider our waiver of a breach or default of these Terms a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in these Terms is for convenience only and does not have any impact on the interpretation of particular provisions. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.