Secure a Sharp Terms and Conditions

Acceptance of Terms and Conditions

Our mission at Secure a Sharp, (“we,” “our” or “us”) is to empower health care professionals (“User” or “you”) to care for patients and fellow clinicians through responsible and effective disposal of harmful substances in our Secure a Sharp containers and related products (“Containers”) and making these containers available to you through this website (the “Website”). By using this Website, you are subject to the following terms and conditions (“Terms”). Every time you visit or use features or products of the Website, you agree to be bound by these Terms. These Terms outline your rights, obligations and restrictions regarding your use of the Website, please read them carefully. If you do not agree to be bound by the Terms and all applicable laws, you should discontinue use of the Website immediately. Secure a Sharp may modify the Terms from time to time and each modification will be effective when it is posted on the Website. You agree to be bound to any changes to the Terms through your continued use of the Website. In addition to these Terms, we encourage you to read our Privacy Policy and Terms of Sale carefully.

User acknowledges that by accessing or using the Website, you are accepting these Terms on behalf of the company, entity or organization that you represent, and you represent and warrant that you have the right, authority, and capacity to agree to these Terms on behalf of the company, entity or organization that you represent. Secure a Sharp complies with the Children’s Online Privacy Act and our web page (and links that may be available through our web page), are not intended for persons under the age of eighteen (18). We do not knowingly collect information from such persons.

Orders

Orders for Containers may be placed online at any time or by phone, 866-381-8889, Monday-Friday from 9:00am to 6:00pm CST. Bulk orders may be confirmed by a sales representative during weekday business hours. Please note that once a bulk order goes into production, we are not able to modify or cancel it. An email with tracking information will be sent when your order ships. Secure a Sharp reserves the right to refuse sales or cancel orders placed by a User in violation of these Terms or as otherwise determined by us.

Secure a Sharp reserves the right to make reasonable changes in any of its Containers without notice to the User.

All orders are governed by these Terms and our Terms of Sale.

Fees, Payment & Refunds

Fees

Prices for Containers are in U.S. Dollars and are non-refundable, unless otherwise provided herein. Secure a Sharp reserves the right to amend the prices by posting new prices on this Website or by providing notification via email; such changes shall take effect within thirty (30) days after posting or email, whichever is earlier, unless accepted by User earlier.

Payment

User shall authorize Secure a Sharp and Secure a Sharp’s third-party partners, such as Stripe, to collect payment of fees from a credit card, debit card or other means of payment; User authorizes Secure a Sharp to charge all fees and other amounts owing hereunder from such payment method. Without limitation, Secure a Sharp reserves the right to suspend the sale of Containers to you until all fees or other amounts owing hereunder are paid in full.

Fees quoted do not include, and User shall pay, and hold Secure a Sharp harmless from all sales, use, gross receipts, value-added, personal property or other taxes, and all applicable duties, tariffs, assessments, export and import fees or similar charges (including interest and penalties imposed thereon) on the transaction contemplated herein, other than taxes based on the net income or profits of Secure a Sharp. User agrees to provide tax exempt or equivalent tax certifications upon initial order. Furthermore, any and all taxes, fees or charges beyond the product sale will be the sole responsibility of the User. W9 forms are available on the Secure a Sharp webpage.

Refunds

In the event of termination of a sale of a Container for any reason except for User’s breach of these Terms or the Terms of Sale, Secure a Sharp may, at its discretion, provide User with a refund of any pre-paid fees. User is not entitled to any refund for Secure a Sharp termination of the sale based upon User’s breach.

Indemnification

You agree to indemnify and hold Secure a Sharp, its parent, subsidiaries, affiliates, directors, officers, agents, and other partners and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your account, use of the Website, or violation of these Terms. This defense and indemnification obligation will survive these Terms and your use of the Website.

Disclaimer & Limitation of Liability

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, SECURE A SHARP MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. SECURE A SHARP EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AS TO THE CONDITION, MERCHANTABILITY, NON-INFRINGEMENT, DESIGN, OPERATION OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE. FOR AVOIDANCE OF DOUBT, THE DISCLAIMERS SET FORTH HEREIN DO NOT LIMIT ANY COVENANT, REPRESENTATION OR WARRANTY MADE BY SECURE A SHARP IN THIS AGREEMENT. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL SECURE A SHARP BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF SECURE A SHARP TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU TO SECURE A SHARP IN THE IMMEDIATELY PRECEDING SIX-MONTH PERIOD. 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, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

While we strive to protect your information in accordance with our Privacy Policy, Secure a Sharp cannot be liable for the privacy of personal information we collect or store, or otherwise connected with your use of the Website.

Jurisdiction & Severability

Secure a Sharp operates the Website from its offices within the United States. The Website is designed for Users within the United States, and Secure a Sharp makes no representations that content and materials on the Website are legal or appropriate for use from outside the United States. If you choose to access the Website from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Website in violation of U.S. export laws and regulations. These Terms are not assignable, transferable, or sublicensable by you except with Secure a Sharp’s prior written consent. Secure a Sharp may assign, transfer, or delegate any of its rights and obligations hereunder without consent. These Terms will be governed by and construed in accordance with the laws of the state of Illinois without regard to its conflict of laws provisions. Any action brought against Secure a Sharp to enforce these Terms or matters related to the Website will be brought in either the state courts or, if there is exclusive federal jurisdiction, the federal courts of the state of Illinois. Any claim or cause of action you have with respect to use of the Website must be commenced within one (1) year after the claim arises. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys’ fees. If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and Secure a Sharp concerning your use of the Website.