Legal Terms and Conditions of Use - MyBoneYard®.com

Use of MyBoneYard®.com

Your use of the MyBoneYard®.com website and any related application is subject to these general Terms and Conditions of Use specified below ("Terms of Use"), and to the specific Terms and Conditions separately provided with each reward program provided and sponsored through MyBoneYard®.com (the "Program Terms and Conditions"). Your use of MyBoneYard®.com represents your agreement to abide by all Terms of Use. MyBoneYard®.com may update these Terms of Use at anytime without notice. This web site and other web sites linked to or affiliated with this site, and any information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the site, (collectively "Content") are intended for the lawful use of MyBoneYard®.com customers, employees and members of the general public who are over the age of 17, and citizens of the United States or Canada. MyBoneYard®.com is controlled and operated in whole or in part by MyBoneYard®.com from its offices within the United States. MyBoneYard®.com is a registered trademark of the Engaged Recycling, LLC, a Minnesota corporation ("ER"). Neither ER nor MyBoneYard®.com makes any representation that these materials are appropriate or available for use in other locations. Those who access MyBoneYard®.com from other locations do so at their own risk and are responsible for compliance with applicable local laws. Each of Engaged Recycling and MyBoneYard®.com reserves the right in its sole discretion to refuse or terminate access to the MyBoneYard®.com site by anyone including you at any time. These Terms of Use supersede any prior agreements between you and MyBoneYard®.com relating to your use of this site. As indicated, if you so choose, you may also be subject to additional Terms of Use that may apply when you elect to participate in any MyBoneYard®.com reward or download and/or use software from or through this site if and when offered. Back to top of Page

Eligibility to Use MyBoneYard®.com Services

In order to use MyBoneYard®.com, you must be 18 years of age or older, and you must be the owner of a functional electronic device consisting of either a computer, cell phone, PDA ("personal digital assistant"), or a flat panel monitor that you wish to dispose of through MyBoneYard®.com ("Qualified Product"). The Program is only valid within the United States. All other forms of use are considered unauthorized and prohibited, including without limitation to use of MyBoneYard®.com as to stolen property or product purchased from any unauthorized reseller of MyBoneYard®.com. Back to top of Page

Registration; My Account

The services offered through MyBoneYard®.com require you to first open a My Account. You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your account. You agree to notify MyBoneYard®.com immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by MyBoneYard®.com or any other user of the Site due to someone else using your password or customer account. Back to top of Page

Your Right, Title and Interest in Shipped Product

You must own the right, title, and interest in any and all items you are shipping to MyBoneYard®.com. Back to top of Page

Your Responsibility for Termination and Deactivation of Your Services

You are responsible for terminating and deactivating any and all internet, voice or data service to each electronic device you are recycling through MyBoneYard®.com, including without limitation to cell phone service, internet service, or the like, and you will be solely responsible for any charges, account balances and/or fees, associated with your service or the termination and/or deactivation of that service. YOU WILL NOT RECEIVE ANY CREDIT FOR UNUSED SERVICES, NOR WILL YOU BE COMPENSATED FOR ANY CHARGES BILLED TO YOU BY YOUR SERVICE PROVIDER AFTER SENDING YOUR ELECTRONIC DEVICE TO MYBONEYARD®.COM. Should any charges arise after shipping to MyBoneYard®.com, it remains your responsibility to resolve any payments issues with your service provider. Back to top of Page

Valid Cell Phones ESN or IMEI Numbers

Coming soon...Back to top of Page

No Return of Equipment and/or Personal Information

Once you ship to MyBoneYard®.com, neither MyBoneYard®.com, Engaged Recycling or its approved vendors will return that shipped item, even if the device is deemed not to constitute a Qualified Product. You also will not be returned any of the information that may have been stored on the item shipped. You are encouraged to clear the data off of your product prior to shipping. All products received go through a certified data removal process for the device provided. This process is audited on each device twice prior to leaving our facility. All transactions are final and non-returnable. There will be no substitutes or replacements provided.Back to top of Page

Estimates of Value of Rewards

There are no cash equivalents or exchanges for any reward offered under MyBoneYard®.com. Any dollar value or amount attributed by MyBoneYard®.com to any reward is merely an estimate of value by MyBoneYard®.com, and the actual market value for which reward will be subject to strict compliance with all applicable Program Terms and Conditions, and does not represent a guarantee or warranty that the reward offered is or will be fully honored at all retail locations. Back to top of Page

Termination of Use

You agree that MyBoneYard®.com and/or Engaged Recycling, in their sole discretion, may terminate or restrict your My Account and/or your use or access to this Site (or any part thereof) for any reason, including, without limitation, based on their belief that you may have violated or acted inconsistently with the letter or spirit of these Terms of Use of Use, or the terms, conditions, or rules of a contest, or other promotion contained within the Site.Back to top of Page

Applicable Law

The MyBoneYard®.com site is created, operated and controlled by ER at and from the State of Minnesota, United States of America. By using this Site, you consent and agree to the laws of the State of Minnesota as governing these Terms of Use of Use without giving effect to any principles or conflicts of laws, and you further consent to the state or federal courts in Minnesota, USA as having exclusive jurisdiction over any dispute and/or litigation arising from your use of MyBoneYard®.com. If any provision of these Terms of Use of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use of Use. The failure of ER and/or MyBoneYard®.com to exercise or enforce any right or provision of the Terms of Use of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or the Terms of Use of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.Back to top of Page

Links to Third-Party Websites

This site may provide links to other third-party sites or resources. MyBoneYard®.com makes no representations whatsoever about any other internet site which you may access through MyBoneYard®.com. Because MyBoneYard®.com has no control over such sites and resources, you acknowledge and agree that MyBoneYard®.com is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. MyBoneYard®.com makes no representation or warranty as to any third party Content, products or services, and you agree that MyBoneYard®.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such site or resource.Back to top of Page

Limitation of Liability and Remedies

The MyBoneYard® Program is offered by Engaged Recycling. By using the MyBoneYard®.com site, you expressly agree that use of the MyBoneYard®.com site is at your sole risk. The MyBoneYard®.com site is provided on an "as is" and "as available" basis. Neither MyBoneYard®.com nor Engaged Recycling, LLC and/or its affiliates, subsidiaries, or designees, nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "ER") warrant that use of the MyBoneYard®.com site will be uninterrupted or error-free. MyBoneYard®.com makes no representation that content provided on the MyBoneYard®.com site is applicable to, or appropriate for use in, locations outside of the United States. MYBONEYARD®.COM AND ER SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. No oral advice or written information given by MyBoneYard®.com and/or ER shall create a warranty. UNDER NO CIRCUMSTANCES SHALL MYBONEYARD®.COM OR ENGAGED RECYCLING, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE THE MYBONEYARD®.COM SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE MYBONEYARD®.COM SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of MyBoneYard®.com and/or ER has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the MyBoneYard®.com site.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Notwithstanding the foregoing, MyBoneYard®.comA^’s total liability to you for any losses, damages, and causes of action, including but not limited to those based on contract, tort, or otherwise, arising out of your use of this site, its content or links, and/or any of the services offered through MyBoneYard®.com, shall never exceed the actual cost of the reward specified by MyBoneYard®.com for the item actually shipped to MyBoneYard®.com. In the event the item shipped by you does not actually constitute a Qualified Product under MyBoneYard®.com, then neither MyBoneYard®.com nor ER shall have liability to you for any losses, damages or causes of action whatsoever.Back to top of Page

Indemnification

You agree to indemnify and hold MyBoneYard®.com and Engaged Recycling, LLC harmless from any claim or demand, including reasonable attorney fees, made by any third party arising out of or related to your violation of the foregoing Terms of Use of Use, or your violation of any law, regulation or third-party right.Back to top of Page

Security

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password.

The MyBoneYard®.com site may only be used for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

You are prohibited from violating or attempting to violate the security of the MyBoneYard®.com site, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (b) using the MyBoneYard®.com site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) uploading, posting, emailing, transmitting or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any service to any user, host or network, computer software or hardware or telecommunications equipment, including without limitation via means of submitting a virus to the site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (f) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; (g) forging communications on behalf of the Site (impersonating the MyBoneYard®.com) or to the Web site (impersonating as a legitimate user); (h) uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (i) harming minors in any way; (j) impersonating any person or entity or falsely state or otherwise misrepresenting your affiliation with a person or entity; (k) uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (l) uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (m) "stalking" or otherwise harassing another person or entity; and/or (n) collecting or storing personal data about other users. You agree that violation of any of the foregoing will result in your immediate disqualification from use of the MyBoneYard®.com site, and may result in additional legal actions being taken by MyBoneYard®.com. Sending unsolicited and unauthorized email on behalf of ER and/or MyBoneYard®.com, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the MyBoneYard®.com site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the MyBoneYard®.com site other than the search engine and search agents provided by MyBoneYard®.com or generally publicly available browsers.Back to top of Page

Ownership and Restrictions on Use of Content

All content included within, on or comprising the MyBoneYard®.com site including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and MyBoneYard®.com owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. In addition, Engaged Recycling or its licensors own a copyright in the selection, coordination and arrangement of the Content.

You therefore have no ownership rights to any part of the Content. The unauthorized copying, displaying or other use of any part of the Content from this site is a violation of the law. You are hereby granted permission to access the Content from the site in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the site or ordering products or services from MyBoneYard®.com. This permission terminates automatically if you breach any of the web site Terms of Use of Use. If pursuant to an authorization from MyBoneYard®.com, you download software from the site, the software, including all code, files, images, contained in or generated by the software, and accompanying data, are deemed to be licensed to you by MyBoneYard®.com. Neither title nor intellectual property rights are transferred to you, but remain as applicable with ER and/or MyBoneYard®.com. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert any part of the MyBoneYard®.com site and/or any software, code or device downloaded from or through the Site. MyBoneYard®.com does not grant you any permission to use the Content other than the permission expressly stated in these Terms of Use of Use. All other use of any part of the Content from the site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the site, or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without MyBoneYard®.com's prior express written consent. All characters appearing in this work are fictitious. Any resemblance to real persons, living or dead, is purely coincidental.Back to top of Page

Accuracy and Revisions

Except as to orders already accepted, MyBoneYard®.com and/or Engaged Recycling may modify, suspend, withdraw or discontinue, temporarily or permanently, either MyBoneYard®.com and/or the Content contained thereon, in whole or in part, at any time without notice. You agree that Engaged Recycling shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of any part of MyBoneYard®.com as to orders not already placed and accepted on MyBoneYard®.com. Engaged Recycling may at any time revise these web site Terms of Use of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current web site Terms of Use of Use to which you are bound.Back to top of Page

Acceptance of Terms

You acknowledge you have read, and agree to be bound by these Terms of Use of Use and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. By your continued use of this website tool, you agree to each of the Terms of Use set forth and/or linked below. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use of Use on behalf of yourself or any party you represent. If you do not agree to these terms, you are prohibited from using this Site.Back to top of Page

Privacy and Information Sharing

In order to fulfill your MyBoneYard® request, MyBoneYard®.com and Engaged Recycling will share your basic contact information (name, email address, address) with its vendors. With your prior consent given through MyBoneYard®.com, MyBoneYard®.com and Engaged Recycling may add this information to their customer database so that you may receive information on products or services of interest.

The policy of MyBoneYard®.com is to respect the privacy of all web site visitors to the extent permitted by law. This online privacy statement is intended to inform you of the ways in which this web site collects information, the uses to which that information will be put, and the ways in which we will protect any information you choose to provide us. There are four types of information that this site may collect during your visit: network traffic logs, web visit logs, cookies and information voluntarily provided by you.

Network Traffic Logs - In the course of ensuring network security and consistent service for all users, MyBoneYard®.com employs software programs to do such things as monitor network traffic, identify unauthorized access or access to nonpublic information, detect computer viruses and other software that might damage MyBoneYard®.com computers or the network, and monitor and tune the performance of the MyBoneYard®.com network. In the course of such monitoring, these programs may detect such information as email headers, addresses from network packets, and other information. Information from these activities is used only for the purpose of maintaining the security and performance of MyBoneYard®.com's networks and computer systems. Personally identifiable information from these activities is not released to external parties without your consent unless required by law.

Web Visit Logs - MyBoneYard®.com web sites routinely collect and store information from online visitors to help manage those sites and improve service. This information includes the pages visited on the site, the date and time of the visit, the internet address (URL or IP address) of the referring site, the domain name and IP address from which the access occurred, the version of browser used, and the capabilities of the browser. This site makes no attempt to identify individual visitors from this information; any personally identifiable information is not released to external parties without your consent unless required by law.

Cookies - Cookies are pieces of information stored by your web browser on behalf of a web site and returned to the web site on request. This site may use cookies for two purposes: to carry data about your current session at the site from one web page to the next, and to identify you to the site between visits. If you prefer not to receive cookies, you may turn them off in your browser, or may set your browser to ask you before accepting a new cookie. Some pages may not function properly if the cookies are turned off. Unless otherwise notified on this site, we will not store data, other than for these two purposes, in cookies. Cookies remain on your computer, and accordingly we neither store cookies on our computers nor forward them to any external parties. Unless otherwise notified on this site, we do not use cookies to track your movement among different web sites and do not exchange cookies with other entities.

Information Voluntarily Provided by You A^– In the course of using this web site, you may choose to provide us with information to help us serve your needs. For example, you may send us electronic mail (through a mailer or a web form) to request information, you may sign up for a mailing list, or you may send us your address so we may send you an application or other material. Any personally identifiable information you send us will be used only for the purpose indicated. Requests for information will be directed to the appropriate staff to respond to the request, and may be recorded to help us update our site to better respond to similar requests. We will not sell, exchange or otherwise distribute your personally identifiable information without your consent, except to the extent required by law. We do not retain the information longer than necessary for normal operations. Each web page requesting information discloses the purpose of that information. If you do not wish to have the information used in that manner, you are not required to provide it.

The MyBoneYard®.com web site may provide links to other World Wide Web sites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for their availability, content or delivery of services. In particular, external sites are not bound by MyBoneYard®.com's online privacy.Back to top of Page