Terms of use

This page states the terms and conditions by which Liberty Scanning LLC (the “Company”) provides the services described herein. By accessing the website you accept and agree to be bound, without limitation or qualification by these terms. If you do not accept any of the terms stated here, do not use the website. These services includes (i) hard copy, media, and electronic storage (“Storage Services”), (2) destruction of records (“Destruction Services”), and (3) any other services provided by the Company (collectively defined as the “Services”).  Users of the Services are referenced herein as “Customers”.

The provision of any records by the Customer to Company or engagement of Company for any Services shall constitute acceptance by Customer of all of these Terms and Conditions regardless of whether or not Customer agrees to these terms in a written agreement. 

STORAGE SERVICES

Storage Services shall be provide by the Company in accordance with industry standards for the storage of documents, including security related to the storage of such documents.

DESTRUCTION SERVICES

A. Destruction of Records in Storage – In the event Customer desires to engage Company to destroy records in storage, any requests must be made in written form.  Company will provide confirmation of destruction at the request of the Customer.  

B. Other Destruction Services – Upon Customer’s request, Company may (i) provide equipment (“Consoles”) in Customer’s premises for the collection of papers and/or tapes and other physical media to be destroyed; (ii) service the equipment; (iii) provide mobile on-site shredding; and/or (iv) securely destroy the materials in accordance with industry standards. Customer shall reimburse Company for loss or damage to any equipment caused by Customer.

CUSTOMER OBLIGATIONS

Customer shall not at any time store with Company any materials that would attract insects or vermin, are highly flammable other than paper, explosive, toxic, radioactive, dangerous, or illegal to possess or store, or that are otherwise deemed by Company, in its sole discretion, to represent a hazard (“Prohibited Materials”). Company reserves the right, but is not obligated, to inspect any materials provided by Customer and may refuse to accept and/or remove any Prohibited Materials. 

Customer shall encrypt all electronic records that include personally identifiable information or protected health information, or any other information where such other information is required by any state or Federal law to be encrypted either in transit or at rest or is otherwise subject to regulation governing its disclosure to third parties, before transmitting or otherwise delivering those records to Company. Customer shall use the most rigorous encryption methods reasonably available for the type of records being provided, but in no event less than required by applicable law or otherwise reasonable under prevailing National Institute of Standards and Technologies standards. All encrypted data must be in a format that is unusable, unreadable or indecipherable to unauthorized individuals. 

Customer acknowledges that each employee or other representative of Customer shall have full authority on behalf of Customer to order or request any Services unless Customer provides specific written instructions to the contrary. Unless Customer specifically instructs Company otherwise in writing, Customer authorizes Company when performing deliveries to leave materials with any Customer representative, even if Customer representative may not otherwise be authorized by Customer to order or request Services.

CUSTOMER REPRESENTATIONS AND WARRANTIES

Customer represents and warrants that: (A) it is the owner or legal custodian of all materials furnished to Company and has full authority, without any restrictions, to store and make decisions regarding Services; (B) it has the right to authorize the destruction of the materials for which Customer requests such destruction;  (C) unless Customer has informed Company in writing otherwise, Customer is not a “Covered Entity” or “Business Associate” as defined in 45 CFR Part 160; (D) unless Customer has informed Company in writing otherwise, neither Customer nor its Records are subject to the EU General Data Protection Regulation (“GDPR”); (E) all instructions Customer issues to Company with respect to the processing of materials will comply with all applicable laws; and (F) the performance by Company of any order or instruction that Customer gives to Company with respect to Client Records will not violate GDPR or any applicable laws. 

DISCLAIMER OF WARRANTIES

Except as expressly provided in these Terms and Conditions, Company provides all Services AS IS, and Company expressly disclaims any and all representations and warranties, including any warranty of suitability, or fitness for a particular purpose, or arising out of a course of dealing.

Customer agrees that any failure or delay in Company providing Services within a reasonable period of time shall not constitute a failure of Service or a conversion of goods, nor subject Company to any liability.

INVOICES AND PAYMENT

Customer agrees to pay in full to Company all charges invoiced to Customer in accordance with Company’ then current price schedule(s) (which may be set forth in a Statement(s) of Work), within net thirty (30) days of the date of each invoice. Company may modify the price schedule upon thirty (30) days’ prior written notice (which may be by first class mail or email). Amounts not paid by Customer when due shall accrue interest at the lesser of 18% per annum, compounded monthly, or the maximum amount allowed by applicable law. Customer shall reimburse Company upon invoice for all costs and fees, including reasonable attorneys’ fees, incurred by Company in collecting any amounts past due. 

TERMINATION OF SERVICES

Customer shall deliver thirty (30) days’ prior written notice to Company in the event Customer desires to terminate all Services. Said notice shall advise whether Customer will pick up its materials or request Company to deliver same, together with a delivery address if applicable. All outstanding invoices must be paid as a precondition to termination of Services. Storage and other service charges shall continue to accrue after notice of termination until all materials are removed. Notwithstanding the termination of Services: (A) all express indemnification obligations and limitations on liability provided herein shall survive, and (B) a party’s liability for breach of these Terms and Conditions occurring prior to such termination shall survive.

BREACH OF TERMS & CONDITIONS

If Customer fails to pay any amount due hereunder when due, or otherwise materially breaches these Terms and Conditions, Company, at its option, may stop providing Services upon written notice and seek recovery of damages resulting from Customer’s nonpayment or other breach, or exercise any or all of the following remedies without terminating Services: (A) if any amounts owed by Customer are outstanding for forty-five (45) days or more past the invoice date, Company may either (i) redeliver Customer’s materials to Customer (for which permanent removal, delivery, preparation of inventory reports, data extraction, and other charges will apply), or (ii) refuse or suspend Services and Customer’s access to materials until all outstanding invoice(s) are paid in full. If Services are suspended, Customer will remain responsible for payment of all charges accruing during such suspension; (B) if Customer is in arrears in its payment obligations for a period of three (3) months or longer past the invoice date, materials will be deemed abandoned and Company may destroy the materials at Customer’s expense and without liability to Customer, following ten (10) business days’ advance written notice of such destruction; and/or (C) exercise such other rights and remedies as may be allowed at law or in equity as if specific remedies were not herein provided. In the event Company takes any actions in accordance with this Paragraph, it shall have no liability to Customer, and Customer hereby will release, indemnify, and hold harmless Company from any Costs arising from or relating to any actions taken by Company in accordance with this Paragraph, including the disposal or destruction of any materials. All remedies provided herein are cumulative and may, at the election of Company, be exercised alternatively, successively or in any other manner. Company shall be entitled to its reasonable attorneys’ fees, whether or not any litigation or other action is commenced, in the event of any breach by Customer of these Terms and Conditions. 

CONFIDENTIALITY

As far as is reasonably practical the Company will safeguard any trade secrets of the Customer and other confidential information which may come to its knowledge solely by reason of its possession of the materials.

LIABILITY LIMITATIONS/INDEMNIFICATION

Declaration of Valuation. The Company does not accept liability for the intrinsic value to the Customer of information comprised in materials and cannot replace such information if Documents are lost or destroyed. Therefore, any warranties, conditions and other terms implied by statute or common law are excluded from the contract to the fullest extent permitted by law. Customer declares the value of all materials to be (A) $1.00 per box, carton, linear foot of open shelf files or other hard copy storage unit (or gigabyte of digital records) or (B) the actual replacement cost for the physical media with respect to tapes, cartridges, cassettes or other non-paper media, unless Customer declares a different valuation in writing to Company, the receipt of which Company acknowledges in writing, and pays an additional agreed upon fee for the storage of its materials.

Stored Records and Electronic Media. Company shall not be liable for any loss or damage to materials, however caused, unless such loss or damage results from a failure by Company to exercise that care that a reasonably careful person would exercise under like circumstances, in which case Company’ liability, if any, for such loss or damage to materials shall not exceed the valuation above.

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY OF ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AGENTS, OR PARENTS BE HELD LIABLE FOR ANY DAMAGES, WHETHER INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST USE, DATA, REVENUES, TIME, MONEY, PROFITS OR GOODWILL ARISING FROM OR IN CONNECTION WITH THE USE, RELIANCE ON, OR PERFORMANCE OF THE INFORMATION ON THE WEBSITE, EVEN WHEN THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Customer agree to indemnify Company and its affiliates, partners, officers, directors, employees, subsidiaries, agents, and parents from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of any and all claims resulting from the Company’s provision of Services, including without limitation any claims alleging facts that if true would constitute a breach by Customer of this Agreement. 

MODIFICATION OF TERMS AND CONDITIONS

Company may modify these Terms and Conditions from time to time. Such modifications shall take effect on the first day of the second month following their publication.

MISCELLANEOUS

This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. This Agreement has been made in and shall be construed and enforced in accordance with Washington law without regard to any conflict of law principles. Any claim or dispute between Customer and the Company, including any action to enforce this Agreement shall be brought in the federal or state courts located in Washington, and you agree to the exclusive and personal jurisdiction of these courts. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.