Shredding Limitation of Liability

DESTRUCTION SERVICES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

Access may act in reliance upon the signature below: (i) as Client’s proper authorization to destroy the materials tendered for destruction (the “Materials”); and (ii) that Client is the lawful owner or custodian of the Materials and is authorized to destroy same. Client is responsible for, and warrants compliance with, all contractual restrictions and all applicable laws, rules and regulations applicable to the Materials, including those governing the confidentiality, retention and disposition of information contained in any Materials. Client shall not tender to Access any Material considered toxic, hazardous, illegal or dangerous or which is regulated under any environmental federal or state law or regulation.

Access is not responsible or liable to Client or any third party in any manner whatsoever for any loss or damages relating to the Materials or for the release or dissemination of any Materials unless the release or loss is due to Access. Gross negligence or willful misconduct. Access’ maximum liability for any and all claims arising with respect to the services provided pursuant to this work order shall not exceed the amount paid by the Client for said services. In no event shall Access be liable to Client or any third party for any consequential (including lost profits), incidental, special, or punitive damages, under any cause of action, regardless of whether the action is brought in strict liability, tort, contract or under any other theory, even if Access has been notified of the possibility of such damages. Client will indemnify Access for all losses and damages arising from any breach Client’s representations or of these terms.

In the event Client is a “Covered Entity” as defined in 45 CFR Part 160, the Business Associate Agreement found on accesscorp.com is specifically incorporated herein by reference. The terms of any written agreement between Access and Client supersede the above terms to the extent of any conflict.