Legal
Terms of Service
1. Acceptance of Terms
These Terms of Service (“Terms”) govern your access to and use of the Service operated by WRmachine, LLC, doing business as SureDispose (“SureDispose,” “we,” “us,” or “our”).
General Browsing. By accessing or browsing the Service, you agree to be bound by these Terms and our Privacy Policy, available at suredispose.com/privacy. If you do not agree to these Terms, you must not access or use the Service.
Assessment Tool and Contact Submission. Before using the Assessment Tool or submitting any contact information through the Service, you will be asked to affirmatively indicate your acceptance of these Terms by clicking “I Agree” or a substantially similar mechanism. Your affirmative acceptance constitutes a binding agreement to these Terms. We maintain records of your acceptance, including the date, time, and version of the Terms accepted.
Organizational Users. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In such cases, “you” includes that organization.
2. Definitions
For purposes of these Terms, the following definitions apply:
“Assessment Tool” means SureDispose’s interactive ITAD readiness assessment, including all questions, scoring logic, compliance gap analysis, and Provider matching functionality.
“Pre-Existing IP” means all intellectual property, methodologies, frameworks, templates, processes, tools, scoring algorithms, assessment logic, matching criteria, and know-how owned or controlled by SureDispose prior to or independent of any particular user’s use of the Service.
“Provider” means any third-party IT asset disposition service provider included in SureDispose’s referral network.
“Qualified Referral” means a referral introduction transmitted by SureDispose to a Provider, which may include assessment responses and user contact information, subject to user consent as described in Section 4.3.
“Residual Knowledge” means general ideas, concepts, know-how, methodologies, and techniques retained in the unaided memory of SureDispose personnel who have had access to user interactions with the Service. Residual Knowledge does not include (a) any information that identifies a specific user or organization; (b) any data systematically processed, stored, or derived through automated means; (c) aggregate or statistical data that could reasonably be used to re-identify a specific user; or (d) any information subject to applicable state or federal privacy law obligations.
“Service” means the website located at suredispose.com and any associated subdomains, affiliated websites, tools, content, and services operated by SureDispose.
3. Description of Service and Business Model
3.1 Advisory Platform — Not a Service Provider
SureDispose is an independent advisory platform. We do not perform IT asset disposition (“ITAD”) services, including but not limited to: data destruction, data sanitization, hardware remarketing, equipment recycling, logistics, on-site pickup, or any physical handling of IT assets. SureDispose does not act as an agent, broker, representative, or fiduciary of any user or any Provider.
The Service provides educational content, industry-specific compliance guidance, and the Assessment Tool, designed to help organizations understand their ITAD compliance requirements and readiness posture.
3.2 Provider Referral Model and Compensation Disclosure
IMPORTANT: HOW SUREDISPOSE GENERATES REVENUE. SureDispose connects users who complete the Assessment Tool with Providers who may meet the user’s identified needs based on available information. SureDispose generates revenue by selling Qualified Referral introductions to Providers. Providers compensate SureDispose for these introductions. The Service is free to users.
SureDispose does not guarantee or warrant the services, qualifications, certifications, or performance of any Provider. Any contract for ITAD services is entered into solely between you and the Provider, and SureDispose is not a party to, and has no liability under, such agreements.
3.3 Provider Evaluation
SureDispose evaluates Providers based on criteria including but not limited to: industry certifications (such as R2v3, e-Stewards, NAID AAA, ISO 27001), geographic coverage, vertical specialization, insurance coverage, and compliance track record. Provider evaluation is based primarily on publicly available information, including certification directories, regulatory filings, and industry databases.
SureDispose uses commercially reasonable efforts to maintain accurate Provider information but does not independently audit Provider operations, does not verify the accuracy or currency of all publicly available information, does not guarantee that Provider certifications, insurance, or compliance status remain current, and does not assume liability for Provider performance. Users are solely responsible for independently verifying Provider qualifications before entering into any agreement for ITAD services.
3.4 Independence Disclosure
SureDispose maintains editorial and advisory independence from all Providers in its network. Provider compensation for Qualified Referrals does not influence Assessment Tool scoring, compliance recommendations, or which Providers are recommended for a given engagement. SureDispose discloses its referral compensation model to users before collecting any personally identifying information.
4. Assessment Tool and Data Collection
4.1 Data Collection
The Assessment Tool collects information about your organization’s IT asset disposition needs, including industry classification, regulatory environment, data sensitivity, equipment inventory, and timeline. Certain portions of the Assessment Tool may be completed without providing personally identifiable information (“PII”). At the point where the Assessment Tool requests contact information, providing such information is voluntary but required to receive personalized results and Provider recommendations.
You may not enter protected health information (“PHI”) as defined by HIPAA, student education records as defined by FERPA, or other categories of specially regulated personal data into the Assessment Tool. The Assessment Tool is designed to collect organizational operational information, not individual personal records.
4.2 Purpose of Data Collection
Data collected through the Assessment Tool is used to:
- Generate a personalized ITAD readiness score and compliance gap analysis for the user;
- Match users with Providers whose certifications, geographic coverage, and vertical expertise align with the user’s identified needs;
- Produce Qualified Referrals for Providers, which may include assessment responses and user contact information, subject to user consent as described in Section 4.3;
- Improve the Service, including Assessment Tool accuracy and content relevance; and
- Communicate with users regarding their assessment results and matched Provider information.
4.3 Consent-Gated Data Sharing
Assessment data is never shared with Providers without the user’s explicit, affirmative consent. Before any data is transmitted to a Provider, SureDispose will:
- Clearly identify which data elements will be shared;
- Clearly identify which Provider(s) will receive the data;
- Obtain your affirmative consent (such as clicking “Share My Results” or a substantially similar action); and
- Provide you with the option to decline data sharing while retaining access to your assessment results.
4.4 Data Sharing as Sale of Personal Information
For California residents: The sharing of your personal information with Providers in connection with Qualified Referrals for which SureDispose receives compensation may constitute a “sale” or “sharing” of personal information under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA/CPRA”). You have the right to opt out of such sale or sharing. To exercise this right, visit our “Do Not Sell or Share My Personal Information” page at suredispose.com/do-not-sell, or submit a request as described in our Privacy Policy. SureDispose honors Global Privacy Control (“GPC”) signals.
For residents of other states with applicable privacy laws: Your rights regarding the sale or sharing of personal information, including opt-out rights, are described in the “Your State Privacy Rights” section of our Privacy Policy.
5. User Representations, Conduct, and Obligations
5.1 Representations and Warranties
By using the Service, you represent and warrant that:
- You are at least 18 years of age or the age of legal majority in your jurisdiction;
- If using the Service on behalf of an organization, you have the authority to bind that organization;
- All information you provide through the Assessment Tool or otherwise is accurate and complete to the best of your knowledge;
- You will not use the Service for any unlawful purpose or in violation of these Terms; and
- You will not attempt to reverse-engineer, decompile, or otherwise extract the underlying methodology, scoring algorithms, or Provider matching logic of the Assessment Tool.
5.2 User Responsibility for Decisions and Due Diligence
YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, EVALUATING, AND INDEPENDENTLY VERIFYING ANY PROVIDER RECOMMENDED THROUGH THE SERVICE BEFORE ENTERING INTO ANY AGREEMENT FOR ITAD SERVICES. THE ASSESSMENT TOOL PROVIDES GENERAL EDUCATIONAL GUIDANCE AND READINESS SCORING BASED ON USER-PROVIDED INFORMATION. IT DOES NOT CONSTITUTE LEGAL, REGULATORY, COMPLIANCE, ENVIRONMENTAL, OR PROFESSIONAL ADVICE.
You acknowledge that:
- Assessment Tool results are based on the information you provide and publicly available data, both of which may be incomplete or inaccurate;
- You are solely responsible for verifying Provider certifications, insurance, compliance status, and suitability for your specific requirements;
- You should consult qualified legal, compliance, and environmental professionals before making ITAD decisions;
- Any contract for ITAD services is entered into at your own risk and SureDispose bears no responsibility for the outcome of such engagement; and
- Regulatory frameworks change over time, and assessment guidance may not reflect requirements enacted or modified after your assessment is completed.
5.3 Prohibited Conduct
You may not use the Service to:
- Provide false, misleading, or fraudulent information through the Assessment Tool;
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- Interfere with, disrupt, or attempt to gain unauthorized access to the Service or any related systems;
- Use any automated means (including bots, scrapers, or spiders) to access or collect data from the Service;
- Reproduce, redistribute, or commercially exploit any content, assessment results, or Provider information obtained through the Service;
- Enter protected health information (PHI), student education records, or other specially regulated personal data into the Assessment Tool; or
- Use the Service in any manner that violates applicable law.
6. Intellectual Property
6.1 SureDispose Ownership
All content on the Service, including but not limited to text, graphics, logos, icons, data compilations, software, Assessment Tool design and methodology, scoring algorithms, Provider matching logic, and all Pre-Existing IP, is the property of SureDispose or its licensors and is protected by applicable intellectual property laws.
You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from the Service without prior written permission from SureDispose, except as expressly permitted by these Terms or applicable law.
6.2 Trademarks
The SureDispose name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SureDispose or its affiliates. You may not use such marks without prior written permission.
6.3 Residual Knowledge
SureDispose personnel who interact with the Service or user data in the ordinary course of business may retain general knowledge, ideas, concepts, and techniques in their unaided memory. SureDispose is free to use such Residual Knowledge as defined in Section 2. For the avoidance of doubt, Residual Knowledge does not include any information that identifies a specific user or organization, nor any data systematically processed or derived through automated means.
Nothing in this Section 6.3 limits SureDispose’s obligations under applicable federal or state privacy laws, including the CCPA/CPRA, the Minnesota Consumer Data Privacy Act, or any other applicable data protection statute.
6.4 Feedback
If you provide SureDispose with any feedback, suggestions, ideas, or recommendations regarding the Service (“Feedback”), you grant SureDispose a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, and incorporate such Feedback into the Service without attribution, compensation, or obligation to you. Feedback is distinct from personal information and is not subject to data deletion requests.
7. Third-Party Services and Links
The Service may contain links to third-party websites, services, or resources, including Provider websites. SureDispose does not endorse and is not responsible for the content, products, services, or practices of any third party. Your interactions with any third party found through the Service, including Providers, are solely between you and such third party.
SureDispose uses third-party service providers for certain operational functions, including but not limited to customer relationship management, analytics, and hosting. Your use of the Service is subject to the terms and privacy practices of these third-party providers as disclosed in our Privacy Policy.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, SUREDISPOSE DOES NOT WARRANT THAT:
- The Service will be uninterrupted, timely, secure, or error-free;
- The Assessment Tool results, compliance guidance, or readiness scores will be accurate, complete, or suitable for any particular regulatory requirement;
- Any Provider recommended through the Service will perform services competently, in compliance with applicable law, or to your satisfaction;
- Publicly available information used for Provider evaluation is accurate, current, or complete; or
- The Service will meet your specific requirements.
Limited Warranty. Notwithstanding the foregoing disclaimers, SureDispose warrants that it will use commercially reasonable efforts to (a) maintain the accuracy of Provider information displayed on the Service and (b) operate the Assessment Tool in material conformity with its published description. This limited warranty does not guarantee any particular outcome, Provider performance, or regulatory compliance result.
SUREDISPOSE DISCLAIMS ANY AND ALL WARRANTIES FOR ANY CONSULTATIVE, ADVISORY, OR INFORMATIONAL CONTENT OBTAINED ON OR THROUGH THE SERVICE, INCLUDING THE ASSESSMENT TOOL. YOU ARE REQUIRED TO INDEPENDENTLY VERIFY ALL INFORMATION, RECOMMENDATIONS, AND PROVIDER QUALIFICATIONS BEFORE ACTING UPON THEM.
9. Risk Acknowledgment
RISK ACKNOWLEDGMENT. YOU ACKNOWLEDGE AND ACCEPT THAT THE SERVICE INVOLVES INHERENT RISKS OUTSIDE SUREDISPOSE’S CONTROL, INCLUDING WITHOUT LIMITATION:
- Provider service quality, responsiveness, certifications, compliance, and performance are outside SureDispose’s control and may not meet your expectations or requirements;
- Provider certifications, insurance, and compliance status may lapse, change, or be revoked after the date of referral without notice to SureDispose;
- Assessment Tool results are based on information you provide and publicly available data, both of which may be incomplete, inaccurate, or outdated;
- Regulatory frameworks (including HIPAA, GLBA, FISMA, state breach notification laws, and environmental regulations) change over time, and assessment guidance may not reflect current requirements;
- The ITAD industry involves complex compliance, environmental, and data security considerations that cannot be fully captured in an automated assessment;
- Results, recommendations, Provider matches, or compliance assessments may differ from your expectations, needs, or the actual requirements of your regulatory environment; and
- Ordinary variances such as typographical errors, broken links, outdated content, or formatting inconsistencies may occur and shall not constitute a breach of these Terms.
YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY EVALUATING PROVIDERS, VERIFYING COMPLIANCE REQUIREMENTS, AND MAKING YOUR OWN ITAD DECISIONS. YOU ASSUME FULL RESPONSIBILITY FOR THESE RISKS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUREDISPOSE, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUREDISPOSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Aggregate Liability Cap. IN NO EVENT SHALL SUREDISPOSE’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE TOTAL FEES, IF ANY, PAID BY YOU TO SUREDISPOSE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Carve-Outs. The limitations in this Section 10 do not apply to:
- Liability arising from SureDispose’s gross negligence, willful misconduct, or fraud as determined under applicable law;
- SureDispose’s indemnification obligations under Section 11.2;
- Breaches of SureDispose’s confidentiality obligations regarding user personal information; or
- Liabilities that cannot be limited or excluded under applicable law.
SureDispose has no responsibility or liability for (i) any action, restriction, penalty, or adverse decision by any Provider, certification body, or regulatory authority; (ii) any violation or alleged violation of applicable law arising from ITAD activities performed by any Provider; or (iii) delays or problems inherent in the use of the Internet and electronic communications that are outside SureDispose’s control.
11. Indemnification
11.1 Your Indemnification of SureDispose
You shall defend, indemnify, and hold harmless SureDispose and its officers, directors, members, managers, employees, agents, and affiliates from and against any and all third-party claims, suits, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
- Your breach of these Terms, including any misrepresentation under Section 5.1;
- Your provision of inaccurate, incomplete, or misleading information through the Assessment Tool;
- Your engagement with any Provider, including any contract disputes, service failures, data breaches, environmental violations, or regulatory penalties arising from Provider services;
- Your failure to independently verify Provider qualifications before entering into an agreement for ITAD services; or
- Your violation of any applicable law, regulation, or third-party right.
11.2 SureDispose’s Indemnification of You
SureDispose shall defend, indemnify, and hold harmless you from and against any third-party claim that the Service (excluding Provider services and third-party content) infringes or misappropriates such third party’s intellectual property rights, provided that you promptly notify SureDispose of the claim, provide reasonable cooperation, and allow SureDispose sole control of the defense and settlement.
12. Privacy and Data Protection
12.1 Privacy Policy
Your use of the Service is also governed by our Privacy Policy, available at suredispose.com/privacy. The Privacy Policy describes how we collect, use, store, and share your information, including information collected through the Assessment Tool. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.
12.2 Your State Privacy Rights
Depending on your state of residence, you may have additional rights regarding your personal information, including the right to know, access, delete, correct, and opt out of the sale or sharing of your personal information. These rights and how to exercise them are described in the “Your State Privacy Rights” section of our Privacy Policy. SureDispose complies with all applicable state privacy laws, including:
- The California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA);
- The Minnesota Consumer Data Privacy Act (MCDPA);
- The Virginia Consumer Data Protection Act (VCDPA);
- The Colorado Privacy Act (CPA);
- The Connecticut Data Privacy Act (CTDPA);
- The Texas Data Privacy and Security Act (TDPSA); and
- Other applicable state privacy statutes as they take effect.
12.3 Data Breach Notification
In the event of a data breach affecting your personal information, SureDispose will comply with all applicable federal and state data breach notification laws, including the notification timelines and requirements of your state of residence. Nothing in these Terms limits, waives, or modifies SureDispose’s obligations under applicable data breach notification statutes.
13. Data Retention and Deletion
SureDispose retains user data only as long as reasonably necessary to fulfill the purposes described in these Terms and our Privacy Policy, or as required by applicable law. Specific retention periods are described in our Privacy Policy.
You may request deletion of your personal information by contacting us at [email protected]. Upon receiving a verified deletion request, SureDispose will delete your personal information within a reasonable timeframe, except to the extent retention is required by applicable law. SureDispose cannot compel deletion of data that has already been shared with a Provider pursuant to your consent; such data is subject to the Provider’s own data retention and privacy policies.
For the avoidance of doubt, deletion of your personal information does not affect SureDispose’s right to retain and use Residual Knowledge as defined in Sections 2 and 6.3, subject to the limitations stated therein.
14. Cookies and Tracking Technologies
The Service uses cookies and similar tracking technologies for functional, analytical, and marketing purposes. Our Cookie Policy, available at suredispose.com/cookies, describes the types of cookies we use, their purposes, and how you can manage your cookie preferences.
Where required by applicable law, we will obtain your consent before placing non-essential cookies on your device. You may manage your cookie preferences at any time through the cookie preference center accessible from any page of the Service.
15. Electronic Communications
By using the Service and providing your email address or other contact information, you consent to receive communications from SureDispose electronically, including notices, agreements, disclosures, and other communications. You agree that all agreements, notices, disclosures, and other communications that SureDispose provides to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
You may withdraw your consent to receive electronic communications by contacting us at [email protected]. If you withdraw consent, your ability to use certain features of the Service may be limited.
16. Dispute Resolution
16.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you and SureDispose agree to first attempt to resolve any dispute informally. The party raising the dispute must send a written notice (“Dispute Notice”) to the other party describing the nature and basis of the dispute and the relief sought. For disputes you raise, send your Dispute Notice to [email protected]. For disputes SureDispose raises, we will send notice to the email address associated with your account.
The parties will attempt to resolve the dispute through good-faith negotiation for a period of sixty (60) days from the date the Dispute Notice is received (“Informal Resolution Period”). During the Informal Resolution Period, neither party may initiate arbitration or litigation.
16.2 Binding Arbitration
If a dispute cannot be resolved through informal negotiation within the Informal Resolution Period, either party may initiate binding arbitration. Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect.
The arbitration shall be conducted:
- By a single arbitrator selected in accordance with AAA rules;
- In the county of your primary residence, or at your election, by videoconference or telephone; and
- In accordance with the substantive laws of the State of Wyoming, without regard to its conflict of law provisions.
SureDispose will pay all AAA filing fees, administration fees, and arbitrator fees in excess of the amount you would have paid to file a complaint in the court of general jurisdiction in your county of residence. Each party shall bear its own attorneys’ fees unless the arbitrator awards fees to the prevailing party under applicable law.
16.3 Class Action Waiver
YOU AND SUREDISPOSE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.
If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision (but not the remainder of these Terms) shall be null and void, and the dispute shall proceed in court.
16.4 Mass Arbitration Procedures
If 25 or more similar arbitration demands are filed against SureDispose within a 90-day period (“Mass Arbitration”), the following procedures apply: (a) the parties will jointly select 10 demands as bellwether cases to be arbitrated first; (b) all other demands will be stayed pending resolution of the bellwether cases; (c) following resolution of the bellwether cases, the parties will engage in a single, global mediation; and (d) if mediation does not resolve the remaining demands, they will proceed in batches of 50, with each batch arbitrated before the next batch commences.
16.5 Opt-Out Right
You may opt out of this arbitration provision (including the class action waiver) by sending written notice to [EMAIL ADDRESS] within thirty (30) days of your first acceptance of these Terms. Your opt-out notice must include your name, mailing address, and email address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, you and SureDispose agree to resolve disputes exclusively in the state or federal courts located in Sheridan County, Wyoming.
16.6 Small Claims Court
Notwithstanding the foregoing, either party may bring an individual action in small claims court in the county of your primary residence or Sheridan County, Wyoming, provided the claim falls within the court’s jurisdictional limits.
16.7 Injunctive Relief
Nothing in this Section 16 prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration, including for intellectual property infringement or misappropriation.
17. Government Users
If you are a U.S. federal, state, or local government entity, you acknowledge that:
- Pursuant to FAR 52.232-39 and applicable regulations, acceptance of these Terms does not obligate the Government to expend appropriated funds or incur financial obligations beyond available appropriations;
- The indemnification obligations in Section 11.1 apply only to the extent permitted by applicable law and within available appropriations;
- The arbitration and class action waiver provisions in Section 16 may not apply to the extent they conflict with applicable law, regulation, or sovereign immunity; and
- In the event of a conflict between these Terms and applicable federal, state, or local law, regulation, or procurement rule, the applicable law, regulation, or rule shall prevail.
Government users who require modified terms should contact us at [email protected] to discuss a Government Addendum.
18. Regulated Industry Users
18.1 Healthcare Users
SureDispose does not access, store, process, or transmit protected health information (“PHI”) as defined by HIPAA. The Assessment Tool is designed to collect organizational operational information about your ITAD needs, not patient health records. You are prohibited from entering PHI into the Assessment Tool. SureDispose does not guarantee that any Provider recommended through the Service complies with HIPAA, and you are solely responsible for verifying Provider HIPAA compliance, including obtaining any necessary Business Associate Agreements, before engaging a Provider for ITAD services involving systems that store, process, or transmit PHI.
18.2 Financial Services Users
SureDispose does not provide financial, regulatory, or compliance advice. The Assessment Tool’s compliance guidance is general in nature and does not address institution-specific requirements under the Gramm-Leach-Bliley Act (GLBA), the FACTA Disposal Rule (16 CFR §682), the Sarbanes-Oxley Act (SOX), or sector-specific regulations. You are solely responsible for independently verifying that any Provider recommended through the Service meets your institution’s regulatory requirements.
18.3 Education Users
SureDispose does not collect, store, or process student education records as defined by the Family Educational Rights and Privacy Act (FERPA). You are prohibited from entering personally identifiable student information into the Assessment Tool. You are solely responsible for verifying that any Provider recommended through the Service meets your institution’s FERPA compliance requirements for disposition of systems containing student records.
19. Accessibility
SureDispose is committed to ensuring that the Service is accessible to people with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. If you experience any difficulty accessing the Service or have suggestions for improvement, please contact us at [EMAIL ADDRESS].
20. Modifications to Terms
20.1 Non-Material Changes
SureDispose may make non-material changes to these Terms (such as corrections of typographical errors, formatting changes, or updates to contact information) at any time by posting the updated Terms on the Service and updating the “Last Updated” date. Such changes are effective upon posting.
20.2 Material Changes
If SureDispose makes material changes to these Terms — including changes to the arbitration provision, class action waiver, limitation of liability, data practices, or indemnification obligations — SureDispose will:
- Provide at least thirty (30) days’ advance notice via email to users who have provided contact information, with a clear summary of the changes;
- Post the updated Terms on the Service with a prominent notice of the material changes; and
- Require affirmative re-acceptance (such as clicking “I Agree to Updated Terms”) before you may continue using the Assessment Tool or submit new contact information.
If you do not agree to the material changes, you may discontinue use of the Service. Your continued use of the Service after affirmatively accepting the updated Terms constitutes your agreement to the modified Terms.
20.3 Version History
SureDispose maintains a version history of these Terms, including prior versions and their effective dates, at suredispose.com/terms/history.
21. Termination
SureDispose may, in its sole discretion, suspend or terminate your access to the Service at any time, with or without notice, for any reason, including but not limited to violation of these Terms.
Upon termination, your right to use the Service will immediately cease. The rights and obligations of the parties which, by their nature, should survive termination will survive, including but not limited to Sections 2 (Definitions), 5.2 (User Responsibility), 6 (Intellectual Property), 8 (Disclaimer of Warranties), 9 (Risk Acknowledgment), 10 (Limitation of Liability), 11 (Indemnification), 12 (Privacy and Data Protection), 16 (Dispute Resolution), and 17 (Government Users).
22. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions. Notwithstanding the foregoing, the governing law provision does not deprive you of any mandatory consumer protection rights afforded by the laws of your state of residence that cannot be waived by contract.
23. Miscellaneous
23.1 Severability. If any term or provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. The court shall reform the invalid provision to the minimum extent necessary to make it enforceable while preserving the parties’ original intent.
23.2 Waiver. No waiver by SureDispose of any provision of these Terms shall be effective unless explicitly set forth in writing. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms shall operate or be construed as a waiver thereof.
23.3 Entire Agreement. These Terms, together with the Privacy Policy, Cookie Policy, and any Government Addendum or other written addendum agreed to by the parties, constitute the sole and entire agreement between you and SureDispose regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
23.4 Assignment. You may not assign or transfer these Terms without the prior written consent of SureDispose. Any purported assignment in violation of this provision shall be null and void. SureDispose may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
23.5 Independent Parties. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture, employment, or fiduciary relationship between you and SureDispose, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
23.6 Force Majeure. SureDispose shall not be liable for any failure or delay in performing its obligations under these Terms when and to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, governmental actions, war, terrorism, epidemic, pandemic, telecommunications failures, third-party platform outages or disruptions, and changes in third-party platform policies or APIs. SureDispose will use commercially reasonable efforts to mitigate the impact of force majeure events and will notify affected users within a reasonable timeframe.
23.7 Notice. All notices required or permitted under these Terms shall be in writing and shall be deemed given: (a) when delivered personally; (b) when sent by confirmed email; or (c) three (3) business days after being sent by certified mail, return receipt requested, to the addresses set forth in Section 24 (for SureDispose) or the email address associated with your account (for you). Either party may update its notice address by providing written notice to the other party.
23.8 Statute of Limitations. To the maximum extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues. If this limitation period is deemed unenforceable in your jurisdiction, the shortest limitation period permitted by applicable law shall apply.
23.9 International Users. The Service is operated from the United States. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. By using the Service, you consent to the transfer, processing, and storage of your information in the United States, which may not provide the same level of data protection as your home country.
24. Contact Information
If you have any questions about these Terms, please contact us at:
WRmachine, LLC (d/b/a SureDispose)
1309 Coffeen Avenue, Suite 15659
For privacy-related inquiries: [email protected]
For accessibility issues: [email protected]
For dispute resolution notices: [email protected]