Terms Of Use for MyJunkTree

Welcome to MyJunkTree! We provide services to help consumers take control of how and if their personal information is used by third parties. Our services are (the "Services") provided through our website accessible at www.MyJunkTree.com (the "Site") and include processing requests on behalf our customers to attempt to remove or add names and addresses from or to lists and databases prepared or used by catalog companies, credit companies, direct mailers, direct marketers, marketing database and list companies, list processors, data aggregators, data brokers, and directories or other companies, agencies, organizations or entities engaged in the sale, trade, transfer, license or other mode of exchange of consumer information (the "Data Companies"). Please read the following terms and conditions ("Terms of Use") carefully. These Terms of Use govern your access to and use of the Site and the Services. This is a legal agreement between you and MyJunkTree.

YOU UNDERSTAND THAT BY CHECKING THE "ACCEPT" BOX WHEN YOU CREATE AN ACCOUNT OR OTHERWISE SIGN UP AT MYJUNKTREE, OR BY USING THE SITE OR THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. YOU MUST ACCEPT, WITHOUT MODIFICATION, ALL OF THE TERMS, CONDITIONS, POLICIES AND NOTICES REFERENCED IN THESE TERMS OF USE IN ORDER TO ACCESS AND USE THE SITE AND SERVICES. IF YOU DO NOT AGREE TO THESE TERMS OF USE IN ITS ENTIRETY, DO NOT CHECK THE BOX BELOW AND DO NOT ACCESS OR USE THE SITE OR SERVICES.

1. Modification of the Site or the Terms of Use. MyJunkTree reserves the right to modify or discontinue the Site, the Services, and/or these Terms of Use, in its sole discretion, without prior notice to you. All modified terms and conditions will be effective after they are initially posted on the Site (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your only recourse is to cease using the Site and the Services. By continuing to access or use the Site and the Services after MyJunkTree makes any such revision, you agree to be bound by the revised Terms of Use.

2. Membership and Accounts.

2.1 MyJunkTree as Your Agent. You acknowledge and agree that your use of the Services necessitates that MyJunkTree contact the Data Companies on your behalf. By providing your acceptance to these Terms of Use, you hereby retain, engage and appoint MyJunkTree as your agent and authorized representative to contact and direct the Data Companies by available means necessary to perform the Services described herein.

2.2 Scope of Services. As our customer, you will receive the following services.

(a) We will, on your behalf, contact the Data Companies and request the removal of your address, name, and/or personal information, and that of the members of your household, or individuals under your care, that you specify, from their marketing or prospecting lists, mailing lists, databases, and other electronic or physical systems containing customer name, address, and/or other personal information used for sending mail, marketing, prospecting, advertising or other promotional activity.
(b) We will, on your behalf, contact the Data Companies and request the addition of your address and name, and that of the members of your household, or individuals under your care, that you specify, to the Marketing Databases.
(c) We will, on your behalf, contact the Data Companies and request that they cease/halt/end the selling, distributing, disclosing and storing of your personally identifiable information.
(d) Any Data Company may send materials to you if you request such materials, patronize the Data Companies’ (or a related company's) advertised service, or purchase merchandise from them after MyJunkTree initially submits the request to remove your information.
(e) We will seek to continually add more companies to the list of Data Companies from which customers may chose to have us perform the Services.
(f) Although we will use those means that are commercially, reasonably, and legally available to perform the Services on your behalf, we cannot guarantee or promise that we will employ any particular or all such means.
(g) You may elect to receive newsletters, notices, update or other communications from us to the email specified for your account. At any time, you may elect not to receive newsletters, notices, update, or communications from us by logging into your account and changing your communications preferences.

2.3 Account Creation and Account Access.

(a) In order to access the Services, you must create an account with us ("Account") and become a member ("MyJunkTree Member"). Membership is available to all persons who are at least 18 years of age. The first step is to set up an Account with a corresponding name, address, email address, and password. Your email address and password will permit you to access certain secure areas of the Site only available to MyJunkTree Members.
(b) You are responsible for safeguarding and maintaining the confidentiality of password and Account information. You are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You agree to notify MyJunkTree of any unauthorized use of your Account or any other breach of security within twenty-four (24) hours of such use being known to you. In the event that your password is lost or stolen, please notify MyJunkTree immediately so that a new password can be created.
(c) You will provide true, accurate and complete registration information and will maintain as current and promptly update relevant personal contact information provided to MyJunkTree. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.
(d) You consent to the use of: (i) electronic means to enter into these Terms of Use and for MyJunkTree to provide you with any notices given pursuant to these Terms of Use; and (ii) electronic records to store information related to these Terms of Use or your use of the Site and the Services.
(e) You hereby authorize MyJunkTree, directly or through third parties, to make any inquiries we consider necessary to validate your Account information. This may include submitting your data to third parties for authentication, validation or other method intended to determine that you are who you say you are or otherwise verifying the information you provide.

3. Your Obligations in Using the Site and Services. The Site and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. You agree that the Site and Services provided to you under these Terms of Use are for your personal and noncommercial use only. In addition, without limitation:

(a) You will not use the Site or Services for any purpose that is fraudulent or contrary to these Terms of Use or the policies of MyJunkTree, and you will cooperate fully with MyJunkTree to investigate any suspected unlawful, fraudulent or improper activity.
(b) You will not use the Site or Services to upload, post, e-mail, otherwise transmit, or post links to: (i) any unsolicited or unauthorized advertising or promotional materials; or (ii) content which is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
(c) You will not intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature using the Site or Services.
(d) You will not impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself.
(e) You are solely responsible for all equipment necessary to access and use the Site and Services.
(f) You will not attempt to gain unauthorized access to any Account information, computer systems or networks associated with the Site and Services.
(g) You will not attempt to obtain any information or materials relating to the Site and Services through any means not intentionally made available through the Site.
(h) You will not "frame," "mirror", "scrape" or otherwise copy any portion of the Site without MyJunkTree' express written authorization.
(i) You will not encourage or instruct any other individual to do any of the foregoing or to violate any of these Terms of Use.

3.1 My obligations I understand that the companies publishing the unsolicited mail I have requested be stopped may re-commence sending solicitations if I request such materials, patronize the advertised service or if I purchase merchandise from such vendors after the notice date.

I understand that it several mail cycles may elapse before the items I have requested be stopped are discontinued. In the event that I am still receiving such unwanted mail after 75 days following my request, I may return to my personal account at MyJunkTree.com and issue a "Second Notice" at no charge.

In order to provide service to you, we MUST maintain a credible relationship with the catalog companies and mass marketers. Sending out a stoppage request to a company that does not have you on their list does nothing for you and destroys the service for others. For this critical reason, we will terminate (without refund) any member's account if we find abuse of our system.

4. No Resale of Service. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

5. Termination, Cancellation.

5.1 You may terminate your Account with us or cancel your Membership at any time and for any reason by logging in to your account at www.MyJunkTree.com and closing your account. Upon any such termination or cancellation, your Account will no longer be accessible.

5.2 We may immediately terminate or suspend your Membership and Account and access to the Site and Services, in the event that you breach any of these Terms of Use. We also reserve the right to discontinue or terminate the Site, Services or your access thereto at any time and for any reason. After such termination, you understand and acknowledge that we will have no further obligation to provide the Services to you. Upon termination, all licenses and other rights granted to you by these Terms of Use will immediately cease.

5.3 Any suspension, termination or cancellation will not affect your obligations to MyJunkTree or the MyJunkTree Entities under these Terms of Use (including, but not limited to ownership, indemnification and limitation of liability), which by their nature and context are intended to survive such suspension, termination or cancellation.

5.4 No Returns,To the fullest extent permissible under applicable law, all sales are final and MyJunkTree has no obligation to accept returns or issue refunds for any reason.

6. Intellectual Property Rights and Ownership. You acknowledge and agree that as between you and MyJunkTree, MyJunkTree owns all right, title and interest, including all intellectual property rights in and to the Site and the Services, and all information, content, materials, services, technology therein, and all derivative works or enhancements thereof. You will not acquire any right, title or interest to any content provided by MyJunkTree, except for the limited use rights expressly set forth in these Terms of Use. Any rights not expressly granted herein are withheld and no implied licenses are granted by MyJunkTree. Except as expressly permitted by applicable law or authorized by MyJunkTree, Inc., you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or Service, in whole or in part.

7. Use of Third Party Services. The Site and Services may contain information, products, and services, provided by third parties and links (including advertisements) to web sites made available by third parties ("Third-Party Offerings"). The Third-Party Offerings are provided only as a convenience to users of the Site. MyJunkTree does not control these Third-Party Offerings and does not make any representations or warranties, express or implied, regarding these Third-Party Offerings. Inclusion of any of the Third- Party Offerings in the Site or Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with MyJunkTree with respect to any third party or its Third-Party Offerings and you access and use such Third Party Offerings at your own risk.
8. Disclaimers. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK AND AT YOUR OWN DISCRETION. THE SITE, THE SERVICES, THE CONTENT, INFORMATION AND MATERIALS AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYJUNKTREE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE RELATED TO THE SITE, SERVICES, THE CONTENT, INFORMATION AND MATERIALS AVAILABLE FROM OR THROUGH THE SITE. Specifically, MyJunkTree makes no warranty that THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THE SITE WILL OPERATE OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT DATA PROVIDERS CONTACTED BY MYJUNKTREE WILL REMOVE YOUR INFORMATION FROM THEIR MARKETING DATABASE OR CEASE SENDING YOU UNWANTED MAIL OR OTHER COMMUNICATIONS.

9. Limitation of Liability. UNDER NO CIRCUMSTANCE WILL MYJUNKTREE, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE OR FOR THE COST OF PROCURING SUBSTITUTE SERVICES, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, OR YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES. MYJUNKTREE'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF USE AND YOUR ACCESS TO AND USE OF THE SITE AND SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

10. Indemnity. You agree to indemnify, defend and hold MyJunkTree and its affiliates and their officers, directors, employees, agents, (collectively, the "MyJunkTree Entities") harmless from and against any claims, liabilities, losses, damages or expenses (including reasonable attorneys' fees and costs) arising out of or in any way connected with:

(a)your conduct, including your access to or use of the Site or Services;
(b) any actual or alleged violation or breach of these Terms of Use or any MyJunkTree policies;
(c) your violation of rights of privacy, publicity, confidentiality or property; or
(d) your actual or alleged violation of applicable laws or regulations

11. Privacy Policy. You agree to comply with MyJunkTree’s privacy policies which are available on www.MyJunkTree.com.

12. MyJunkTree accepts the credit cards and/or other payment methods indicated on its ordering pages. You authorize MyJunkTree to charge your specified credit card or other payment account for all amounts due on your order. All payments must be in US Dollars, and must be received by MyJunkTree prior to fulfillment of any order. Current billing address must be included with every order.

13. No Assignment. You will not assign these Terms of Use or any rights or obligations hereunder without the prior written consent of MyJunkTree. Any purported assignment in violation of the foregoing will be null and void. MyJunkTree may assign these Terms of Use or any rights or obligations hereunder without your consent, including to an affiliate or in connection with the sale of its business or assets.

14. Relationship of the Parties. Each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind or attempt to bind the other to any contract.

15. Severability and Waiver. If any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of MyJunkTree to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. All waivers must be in writing.

16. Force Majeure. MyJunkTree will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to MyJunkTree’s infrastructure or connectivity to the Internet, or failure at MyJunkTree’s co-location facility, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, MyJunkTree will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.

17. Governing Law. These Terms of Use and the relationship between you and MyJunkTree will be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and MyJunkTree agree to submit to the personal and exclusive jurisdiction of the courts located in Maricopa County, Arizona.

18. Entire Agreement. These Terms of Use are the entire and exclusive agreement between MyJunkTree and you regarding the Site and Services, and supersede and replace any prior agreements between MyJunkTree and you regarding the Site and Services.

19. Notice. Any notice or other communication to be given hereunder will be in writing and given

(a) By MyJunkTree via email (in each case to the address that you provide),
(b) a posting on the Site, or
(c) by you via email to customerservice@MyJunkTree.com or to such other addresses as MyJunkTree may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.

20. Questions. If you have questions about these Terms of Use or would like to request a copy of these Terms of Use or any other records relating to these Terms of Use of your use of the Site and Services, please contact MyJunkTree at customerservice@MyJunkTree.com or by sending a written request to MyJunkTree, Inc. at:

MyJunkTree
P.O. Box 12030
Chandler, AZ. 85248
480-326-2217

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