TERMS OF USE

Effective Date: 2/24/2019

These terms of use constitute a legally binding agreement (the “Agreement”) between you and Re-turnz, LLC, a Texas Limited Liability Company, dba Re-turnz (“Re-turnz,” “us,” or “we”), governing your use of the Re-turnz application, website, and technology platform (collectively, the “Re-turnz Platform”).

1. Agreement and Acknowledgement.

PLEASE BE ADVISED: By entering into to this Agreement, and/or by using or accessing the Re-turnz Platform you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 23 and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE RE-TURNZ PLATFORM. 
 
This is a binding contract between You and Re-turnz. Please read this Agreement carefully and save it. If you do not agree with it, you should not install the Application and should discontinue use of the Application and the Re-turnz Platform immediately.
 
You agree to the Re-turnz Privacy Policy, which with other documents we refer to in these Terms of Use, like our Privacy Policy (together, the “Agreement”), govern your access to the Re-turnz Platform. If you use the services of Re-turnz or its affiliates in another country, by using the Re-turnz Platform in that country you agree to be subject to Re-turnz terms of service for that country.
 
By signing up with an account, installing the Application, or using the Re-turnz Platform, you agree, effective as of such date (the “Effective Date”) to be bound by this Agreement.

2. The Re-turnz Platform.

The Re-turnz Platform is offered to as a smart phone application (Application) and/or our website, Re-turnz.com, through which we operate a proprietary service designed to connect e-commerce shoppers (“Customer”) who desire to return postal packages to postal delivery stores (Postal Store) by on-demand independent contractor drivers (“Driver”). The term “you” refers to a Customer and/or Driver of the Re-turnz Platform.
 
Re-turnz is a technology company and not a courier or logistics provider. You acknowledge and agree that we are not a courier, logistics provider, common carrier or postal operator. We do not supply any postal packages nor any postal supplies. Drivers are not our employees, representatives, or agents.
 
Each person may only create one User account, and Re-turnz reserves the right to shut down any additional accounts. As a User, you authorize Re-turnz to match you with a Driver based on factors such as your location, quantity of packages, size of packages, destination of packages, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. 
 
For purposes of this Agreement, the driving services provided by Drivers to Customers that are matched through the Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Driver to a Customer shall constitute a separate agreement between such persons.
 

3. License.

Subject to your compliance with these Terms, Re-turnz grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Application on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personaland commercial use. Any rights not expressly granted herein are reserved by Re-turnz and Re-turnz’ licensors.

4. Modifications.
Re-turnz may change the terms of this Agreement, and such modifications shall be binding on you only upon your acceptance of the modified Agreement. Re-turnz reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Re-turnz Platform or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

5. Eligibility.
The Re-turnz Platform may only be used by individuals who can form legally binding contracts under applicable law. The Re-turnz Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, may not provide your password to other persons, and you agree that you are the sole authorized user of your account.

6. Restricted Activities.

With respect to your use of the Re-turnz Platform and your participation in the Services, you agree as a Customer and Driver that you will not:
a. Impersonate any person or entity;
b. Stalk, threaten, or otherwise harass any person, or carry any weapons;
c. Violate any law, statute, rule, permit, ordinance or regulation;
d.Interfere with or disrupt the Re-turnz Platform or the servers or networks connected to the Re-turnz Platform;
e. Post Information or interact on the Re-turnz Platform or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
f. Use the Re-turnz Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
g. Post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
h. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Re-turnz Platform;
i. “Frame” or “mirror” any part of the Re-turnz Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;
j. Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Re-turnz Platform or any software used on or for the Re-turnz Platform;
k. Rent, lease, lend, sell, redistribute, license or sublicense the Re-turnz Platform or access to any portion of the Re-turnz Platform;
l. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Re-turnz Platform or its contents;
m. Link directly or indirectly to any other websites;
n. Transfer or sell your User account, password and/or identification to any other party;
o. Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
p. Cause any third party to engage in the restricted activities above.
 

If you are a competitor of Re-turnz, you are not authorized to use the Re-turnz Service. You may not exploit the Re-turnz Service in any unauthorized or unlawful way. You will not assert, nor will you authorize, assist, or encourage any third party to assert, any intellectual property infringement claim regarding the Re-turnz Service. If the above restrictions are prohibited by applicable law or by one of our license(s), then the activities are permitted only to the extent necessary to comply with the law or licenses.

 

7. Privacy and Your Information.

Your Information is any information you provide, publish or post to or through the Re-turnz Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Re-turnz-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the Re-turnz Platform and participate in the Services. Our collection and use of personal information in connection with the Re-turnz Platform and Services is as provided in Re-turnz’ Privacy Policy located at www.Re-turnz.com/privacy. 
 
You are solely responsible for your information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable Re-turnz to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known.
 
Re-turnz does not assert any ownership over your Information; rather, as between you and Re-turnz, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
 
You may be able to create or log-in to your Re-turnz User account through online accounts you may have with third party social networking sites (each such account, an “SNS Account”). By connecting to Re-turnz through an SNS Account, you understand that Re-turnz may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the Re-turnz Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.

8. Driver Representations, Warranties, and Agreements.
By providing Services as a Driver on the Re-turnz Platform, you represent, warrant, and agree that:

a. You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation for delivery services in all jurisdictions in which you provide Services.

b. You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.

c. You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Re-turnz community or third parties.

d. You will only provide Services using the vehicle that has been reported to, and approved by Re-turnz, and you will not transport more packages than can securely be held in such vehicle (and no more than twenty-five (25) orders, or seventy-five (75) packages in any instance).

e. You will only deliver orders to UPS, FedEx, and USPS delivery stores as requested in the order by the Customer. The driver may deliver USPS packages to UPS stores only if the customer specifies in Notes for Driver within the Re-turnz Platform, as UPS stores may offer processing of USPS return packages. In such cases that USPS packages are delivered to UPS stores, return receipts may not be provided by UPS stores; in which case, you will take a photograph of the customer’s packages at the postal delivery store.

f. You will not, while providing the Services, operate as an independent contractor driver for any other on-demand ride-share service, act as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a Customer pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.

g. You will not attempt to defraud Re-turnz or Customers on the Re-turnz Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the delivery(s) in question.

h. You will not engage in criminal activity while providing the Services.

i. You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.

j. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.

k. You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.

l. You acknowledge that Re-turnz retains a portion of the payments made via the Re-turnz Service, but solely as a processing fee for facilitating the transactions and payments envisioned by this Agreement.

9. Customer Representations, Warranties, and Agreements.
By using Services as a Customer on the Re-turnz Platform, you represent, warrant, and agree that:

a. You are 18 years of age or older;

b. The information that you provide to us about you or your account in connection with the Re-turnz Platform is current, true, accurate, supportable and complete;

c. You have the right and legal authority to return the package through the Service;

d. You will link your Re-turnz account with a valid credit card, debit card and/or other authorized payment method and pay for the orders that you place via the Re-turnz Service;

e. You will not transport illegal, harmful, or hazardous materials or substances through the Service;

f. You will not engage in criminal activity while using the Services;

g. You will not attempt to defraud Re-turnz or Drivers on the Re-turnz Platform or in connection with your use of Services. If we suspect that you have engaged in fraudulent activity, we may suspend your account and take legal action against you;

h. You may only return a maximum of three (3) packages per return request, of which all must be to the same Postal Delivery Store. Packages cannot be over 20 lbs. and/or 70 in. combined dimensions (Length + Width + Height). If your package is outside of these parameters, your return request is subject to decline by the Driver.

i. You may only return packages through the Re-turnz Platform accepted by UPS, FedEx, and USPS, respectively and specific to the shipping label provided for the return of the packages. USPS packages may be delivered to UPS stores only if you specify in Notes for Driver within the Re-turnz Platform, as UPS stores may offer processing of USPS return packages. In such cases that USPS packages are delivered to UPS stores, return receipts may not be provided by UPS stores; in which case, the Driver will take a photograph of your packages at the postal delivery store.

J. You will make reasonable accommodation for Drivers during the package return process, placing packages in an accessible location for the Driver, making yourself available to correspondence with Driver via phone text/voice conversation or email in the event of an issue during your package return.

k. If you place the package in a discrete location, as to minimize external risk of theft/vandalism, you must inform the Driver of the location in detail within the “Note for Driver” text field provided in the Application.

l. You will not place the package for pick up in your home or allow Drivers to enter your home during the Service.

m. You agree that each Driver retains total and complete discretion as to the Driver’s provision of services.

n. You agree that Re-turnz has no responsibility and makes no guarantees regarding Drivers or their vehicles, Postal Stores nor the quality of any products from Merchants delivered by Drivers.

o. You accept all risks related to interacting with and transacting with Drivers and Postal Stores and all risk related to the Merchant products that Drivers deliver to Postal Store for you.

p. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country.

q. You are not listed on any U.S. Government list of prohibited or restricted parties.

r. Additionally, if you are entering into this Agreement on behalf of your organization, you represent that you are the authorized agent of the organization and have the legal authority to enter into this Agreement on its behalf.

10. Customer Charges.
As a Customer, you understand that request or use of the Services may result in charges to you (“Charges”). Charges include Fares and other applicable fees, tolls, surcharges, and taxes as set forth by local, state, and federal requirements.You hereby authorize your Payment Method to be automatically charged for the fees associated with each order you place at the time of creating the order via the Re-turnz Service.

You acknowledge and agree that Re-turnz has the right to resubmit any charge you authorize that is declined for any reason or returned for insufficient or uncollected funds. If your primary Payment Method is not available for any reason, including without limitation because the card is declined, not valid or declined, Re-turnz reserves the right to automatically charge other Payment Methods you have on file.
 
Re-turnz has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to Re-turnz.com or quoting you a price for a specific return request at the time you make a request. Pricing may vary based on the details of your order. You are responsible for reviewing the Re-turnz.com webpage or price quote within the Re-turnz Platform and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
 
Merchants and Postal Stores set prices and fees that you have agreed to, separate from Re-turnz, for their own package return fulfillment. Re-turnz does not assess any charges or fees on behalf of the Merchant or Postal Store, as Re-turnz is a separate service; however, Re-turnz does charge you for the following: (a) The total amount of packages you wish to return; (b) The size of each package you wish to return. 
 
Pricing for total packages and size of your order are in accordance with the Re-turnz Package Matrix, as on the Re-turnz.com webpage. In addition, we may offer deals and promotions from time to time with reduced fees and/or discounted products. 

+ Fees and Other Charges.
Service Fee. You may be charged a “Service Fee” for each return request as set forth on the Re-turnz.com webpage. Cancellation Fee. After requesting a return request you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to procure the package in the proper manner for the Driver to pick up the package and transport to the Postal Store. Please see our Help Center to learn more about Re-turnz’s cancellation policy, including applicable fees. Other Charges. Other fee and surcharges may apply to your ride, including:, state or local fees, seasonal fees as determined by Re-turnz or its marketing partners, and processing fees. In addition, where required by law Re-turnz will collect applicable taxes. See your local, state, and/or federal webpage resources for details on other Charges that may apply to your return. Tips. Following a ride, you may elect to tip your Driver in cash or through the Re-turnz application. Any tips will be provided entirely to the applicable Driver.

+ General.
Facilitation of Charges. All Charges are facilitated through a third-party payment processing service (Stripe, Inc.). Re-turnz may replace its third-party payment processing services without notice to you. Charges shall only be made through the Re-turnz Platform. With the exception of tips, cash payments are strictly prohibited. Your payment of Charges to Re-turnz satisfies your payment obligation for your use of the Re-turnz Platform and Services. If you choose to cancel your order prior to acceptance by a driver, the Stripe transaction fee shall not be reimbursed. Review Stripe transaction fee guidelines at Stripe.com.

No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Re-turnz Platform, any disruption to the Re-turnz Platform or Services, or any other reason whatsoever.

Credit Card Authorization. Upon addition of a new payment method or each ride request, Re-turnz may seek authorization of your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. Check out our Help Center to learn more about our use of pre-authorization holds.

11. Driver Payments.
If you are a Driver, you will receive payment for your provision of Services pursuant to the terms of the Driver Addendum, which shall form part of this Agreement between you and Re-turnz. The Driver Addendum is available in the Driver dashboard when you log into your account.

12. Order Process.
When you submit a delivery request via the Re-turnz Platform, one or more nearby Drivers will be notified (contingent upon if Drivers utilizing the Re-turnz Platform are within the designated Order Pool radius, without guarantee that Drivers will be present to process your delivery request), and will provide certain information about you, including your phone number (if you have chosen to make your phone number available to Drivers in your Settings within the app), to the Driver that voluntarily accepts your delivery request (as more fully described in our Privacy Policy) to enable the Driver to fulfill your delivery request.

The Driver will attempt to pick up your package within the same business day from when you placed the order.
 
Orders may not be modified by the Customer once submitted, other than canceling the order prior to acceptance by the Driver. The Driver may communicate with you during the scope of fulfilling your order regarding the status of your order. You agree not to contact any Drivers, except regarding your order. 1) The Driver is responsible for order fulfillment to the Postal Store; 2) The Postal Store is responsible for package fulfillment to the Merchant; 3) Re-turnz is not responsible for order or package fulfillment.
 
Once your order is delivered to the Postal Store by the Driver, you will receive picture verification of the receipt provided by the Postal Store, along with a Completed status on the order record within the Re-turnz app outlining the details of the order.
 
You acknowledge that the Merchant is the seller of record for all products delivered for you, and that the Re-turnz Service connects you with Postal Stores but does not, and does not intend to, deliver the package to the Merchant.
 
We reserve the right to refuse or cancel any requests which may violate the requirements of  this Agreement, including delivery from certain individuals or businesses. You acknowledge that the Merchant, Drivers and/or Re-turnz will have the right to refuse to offer delivery of any package if they or we believe that any of the applicable legal requirements for delivery of the package are not met (or are unlikely to be met), in which case either the entire order will be declined or cancelled.  You acknowledge and agree that an order fee may be charged to you if an order is cancelled due to your failure to comply with any requirements of these Terms or applicable law, or if an order is undeliverable for any reason.

13. Limitation on Availability.
The Re-turnz Service may not be available at all times and in all locations, in all languages or in all geographies. We are currently available only in select cities and make no representation the Re-turnz Platform will achieve any particular uptime, or that the Re-turnz Service is appropriate or available for use in any particular location. For example, the Re-turnz Platform may be available only in certain neighborhoods in a particular city.

We do not guarantee that you will be able to place orders with any particular Postal Store via the Re-turnz Platform. You use the Re-turnz Platform at your own initiative and are responsible for compliance with any applicable laws in connection with your use of the Re-turnz Platform. Re-turnz may also impose limits on the use of or access to the Re-turnz Platform as required by law. Use of the Re-turnz Platform is void where prohibited.

14. User Interaction & Communication.
The Re-turnz Platform is designed to facilitate transactions among Drivers and Customers. We are not liable for your interactions with other users. Drivers will need to communicate with you about the Re-turnz Service, including about any delivery requests you place via the Re-turnz Service.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS AND TRANSACTIONS WITH DRIVERS, AND AGREE TO LOOK SOLELY TO SUCH DRIVERS, POSTAL STORES, OR MERCHANTS FOR ANY CLAIM, DAMAGE OR LIABILITY ASSOCIATED WITH ANY TRANSACTION COMMISSIONED VIA THE RE-TURNZ PLATFORM OR ANY ORDER, AND EXPRESSLY WAIVE AND RELEASE RE-TURNZ FROM ANY AND ALL CLAIMS, DAMAGES AND LIABILITIES ARISING OUT OF ANY ACT OR OMISSION OF ANY DRIVER, POSTAL STORE, OR MERCHANT INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO PERSONAL INJURY OR DESTRUCTION OF PROPERTY. Re-turnz has no obligation to monitor or resolve disputes among Customers, Drivers, Postal Stores, and/or Merchants.

15. Re-turnz Communication.
By entering into this Agreement or using the Platform, you agree to receive communications from us, including via email, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Re-turnz, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the Re-turnz Platform or Services, updates concerning new and existing features on the Re-turnz Platform, communications concerning promotions run by us or our third-party partners, and news concerning Re-turnz and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE RE-TURNZ PLATFORM OR THE SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM RE-TURNZ (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE RE-TURNZ PLATFORM OR THE SERVICES.

16. Intellectual Property.
All intellectual property rights in the Re-turnz Platform shall be owned by Re-turnz absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Re-turnz Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Re-turnz. Re-turnz shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

RE-TURNZ and other Re-turnz logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Re-turnz in the United States and/or other countries (collectively, the “Re-turnz Marks”). If you provide Services as a Driver, Re-turnz grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Re-turnz Marks solely in connection with providing the Services through the Re-turnz Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Re-turnz prior written permission, which it may withhold in its sole discretion. The Re-turnz Marks may not be used in any manner that is likely to cause confusion.
 
You acknowledge that Re-turnz is the owner and licensor of the Re-turnz Marks, including all goodwill associated therewith, and that your use of the Re-turnz Marks will confer no additional interest in or ownership of the Re-turnz Marks in you but rather inures to the benefit of Re-turnz. You agree to use the Re-turnz Marks strictly in accordance with Re-turnz Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Re-turnz determines to nonconforming or otherwise unacceptable.
 
You agree that you will not: (1) create any materials that use the Re-turnz Marks or any derivatives of the Re-turnz Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Re-turnz in writing; (2) use the Re-turnz Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Re-turnz Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Re-turnz’s rights as owner of the Re-turnz Marks or the legality and/or enforceability of the Re-turnz Marks, including, challenging or opposing Re-turnz ownership in the Re-turnz Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Re-turnz Marks, any derivative of the Re-turnz Marks, any combination of the Re-turnz Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Re-turnz Marks; (5) use the Re-turnz Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
 
Violation of any provision of this License may result in immediate termination of the License, in Re-turnz sole discretion. If you create any materials bearing the Re-turnz Marks (in violation of this Agreement or otherwise), you agree that upon their creation Re-turnz exclusively owns all right, title and interest in and to such materials, including any modifications to the Re-turnz Marks or derivative works based on the Re-turnz Marks. You further agree to assign any interest or right you may have in such materials to Re-turnz, and to provide information and execute any documents as reasonably requested by Re-turnz to enable Re-turnz to formalize such assignment.
 
Re-turnz respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Re-turnz Platform or Services infringe upon your copyrights, please view our Copyright Policy for information on how to make a copyright complaint.

17. Confidentiality.

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Re-turnz’ business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by Re-turnz for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Re-turnz in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Re-turnz with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Re-turnz or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Re-turnz; becomes known to you, without restriction, from a source other than Re-turnz without breach of this Agreement by you and otherwise not in violation of Re-turnz’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Re-turnz to enable Re-turnz to seek a protective order or otherwise prevent or restrict such disclosure.

18. Third Party Services and Content.
The Re-turnz Platform may enable access to third-party products and services (collectively and individually, “Third-Party Services”). The Re-turnz Platform and/or Third-Party Services may display, include, or make available content, data, information, applications, or materials from third parties (“Third-Party Materials”), or provide links to third-party websites. You acknowledge and agree that Re-turnz is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or websites.

Re-turnz does not warrant or endorse and will not have any liability or responsibility to you or any other person for any Third-Party Services, Third-Party Materials or websites.Use of Third-Party Services may require Internet access and your acceptance of additional terms of service. Further, information you make available to Third-Party Services is subject to the privacy policies of such third parties. You agree that you will use any Third-Party Services at your sole risk.
Additionally, Apple Inc., Google, Inc., Checkr, Inc., Stripe, Inc., will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS or Android mobile devices, respectively.

19. Term and Termination.
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Re-turnz; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 5 or 6, or breach of Section 5(a) through (k), Section 6(a) through (q) of this Agreement. In addition, Re-turnz may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below Re-turnz’s performance threshold; (3) Re-turnz has the good faith belief that such action is necessary to protect the safety of the Re-turnz community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Re-turnz reasonable satisfaction prior to Re-turnz permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Re-turnz satisfaction, this Agreement will not be permanently terminated.

20. Limitation of Liability.
IN NO EVENT WILL RE-TURNZ, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “RE-TURNZ” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE RE-TURNZ PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE RE-TURNZ PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE RE-TURNZ PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE PACKAGE DELIVERY SERVICES OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT RE-TURNZ HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. 
 
WE DO NOT MAKE ANY WARRANTIES REGARDING ANY DRIVER AND THEIR DELIVERY SERVICES, POSTAL STORES AND THEIR SHIPPING LOGISTIC SERVICES, OR MERCHANTS AND THEIR PRODUCTS. CERTAIN JURISDICTIONS MAY NOT ALLOW 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 TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
 
NEITHER WE NOR OUR AFFILIATES WILL HAVE LIABILITY HEREUNDER OR TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH THE APP, THE RE-TURNZ SERVICE OR RELATED MATTERS FOR AGGREGATE DAMAGES IN EXCESS OF THE GREATER OF: (I) U.S. $50.00, OR (II) THE TOTAL DOLLAR VALUE OF TRANSACTIONS YOU PLACED VIA THE RE-TURNZ SERVICE, IF ANY, IN THE 12 MONTHS PRIOR TO THE CLAIM. THE ABOVE LIMITATIONS APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Additionally, Apple Inc., Google, Inc., Checkr, Inc., Stripe, Inc., will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS or Android mobile devices, respectively.

21. Disclaimers.
The following disclaimers are made on behalf of Re-turnz, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

Re-turnz does not provide postal delivery services, and Re-turnz is not a postal carrier. Re-turnz is not a commercial carrier or public carrier. It is up to the Driver to decide whether or not to accept an order request to a Customer contacted through the Re-turnz Platform, and it is up to the Customer to decide whether or not to cancel an order request prior to any Driver accepting the order through the Re-turnz Platform. We cannot ensure that a Driver or Customer will complete an arranged delivery service. We have no control over the quality or safety of the delivery that occurs as a result of the Services.
 
The Re-turnz Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Re-turnz Platform and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
 
We do not warrant that your use of the Re-turnz Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Re-turnz Platform will be corrected, or that the Re-turnz Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Re-turnz Platform or Services.
 
We cannot guarantee that each Driver is who he or she claims to be. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Re-turnz Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Customer prior to engaging in an arranged deliveryservice.
 
Re-turnz is not responsible for the conduct, whether online or offline, of any User of the Re-turnz Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for items to be delivered by Drivers for Customers. By using the Re-turnz Platform and participating in the Services, you agree to accept such risks and agree that Re-turnz is not responsible for the acts or omissions of Users on the Re-turnz Platform or participating in the Services.
 
You are responsible for the use of your User account and Re-turnz expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
 
It is possible for others to obtain information about you that you provide, publish or post to or through the Re-turnz Platform (including any profile information you provide), send to other Users, or shared during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Re-turnz Platform or through the Services. Please carefully select the type of information that you post on the Re-turnz Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
 
Opinions, advice, statements, offers, or other information or content concerning Re-turnz or made available through the Re-turnz Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Re-turnz Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Re-turnz Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
 
Location data provided by the Re-turnz Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Re-turnz, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Re-turnz Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Re-turnz Platform may be accessible to Re-turnz and certain Users of the Re-turnz Platform.
 
Re-turnz advises you to use the Re-turnz Platform with a data plan with unlimited or very high data usage limits, and Re-turnz shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Re-turnz Platform.
 
This paragraph applies to any version of the Re-turnz Platform that you acquire from the Apple App Store and Google Play. This Agreement is entered into between you and Re-turnz. Apple, Inc. (“Apple”), Google, Inc. (“Google”) are not a parties to this Agreement and shall have no obligations with respect to the Re-turnz Platform. Re-turnz, not Apple or Google, is solely responsible for the Re-turnz Platform and the content thereof as set forth hereunder. However, Apple, Google, and their subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple and Google shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
 
Re-turnz Platform utilizes Google Maps Platform. You agree that Google may collect your location data when the Re-turnz App is running in order to provide and improve Google’s services, that such data may also be shared with Re-turnz in order to improve its operations, and that Google’s terms and privacy policy will apply to this usage.

22. Relationship with Re-turnz.
As a Driver on the Re-turnz Platform, you acknowledge and agree that you and Re-turnz are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Re-turnz expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Re-turnz; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Re-turnz, and you undertake not to hold yourself out as an employee, agent or authorized representative of Re-turnz. Re-turnz does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Re-turnz Platform. You retain the option to accept or to decline or ignore a Rider’s request for Services via the Re-turnz Platform, or to cancel an accepted request for Services via the Re-turnz Platform, subject to Re-turnz’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Re-turnz shall have no right to require you to: (a) display Re-turnz’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Re-turnz’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.

23. Export and Other Restrictions.

You agree not to violate export laws. Additional terms apply to government users.
You may not use or otherwise export or re-export the Re-turnz Service or elements of it, except as authorized by United States law and the laws of the jurisdiction in which the Re-turnz Service was accessed or obtained. You also agree that you will not use the Re-turnz Service for any purposes prohibited by applicable law. The Re-turnz Service and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

24. Export and Other Restrictions.
You understand that this Agreement is between you and Re-turnz, LLC., and not with Apple, Inc. (“Apple”), Google Inc. (“Google”), Checkr, Inc., Stripe, Inc., or any other provider of a mobile application marketplace and that Re-turnz (not the marketplace provider) is responsible for the Re-turnz Platform. YOU ACKNOWLEDGE AND AGREE THAT NO OTHER PERSON OR ENTITY MAKES ANY WARRANTIES WHATSOEVER UNDER THIS AGREEMENT OR HAS ANY WARRANTY OBLIGATIONS WITH RESPECT TO THE PLATFORM.

You acknowledge that marketplace providers have no obligation whatsoever to furnish any maintenance and support services with respect to the Re-turnz Platform or for addressing any claims relating thereto or your possession and/or use thereof, including, but not limited to (i) product liability claims; (ii) any claim that the Re-turnz Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You further acknowledge that such providers have no responsibility for the investigation, defense, settlement or discharge of any third party intellectual property claims that the App or the Re-turnz Service or your use thereof infringes intellectual property rights.

25. Force Majeure.
Neither party will be in default for failing to perform any obligation, other than payment of monies, if the failure is caused solely by conditions beyond the parties’ respective control, including acts of God, civil commotion, strikes, terrorism, failure of third party networking equipment, illegal acts of third parties, failure of the public Internet or changes in the accessibility of third party websites, power outages, labor disputes or governmental demands or restrictions.

26. Assignment.
We may freely transfer or assign this Agreement and any of our rights or obligations. You may not transfer or assign this Agreement or any of your rights or obligations without our prior written consent, and any attempt to do so will be null and void.

27. Interpretation.
This Agreement, and the documents we reference in this Agreement, is the entire agreement between Re-turnz and you regarding the Re-turnz Service. Our failure to exercise or enforce any right will not operate as a waiver of such right. Headings and the summaries before each section of this Agreement are provided for convenience and to aid in readability only. These headings and summaries have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

28. Arbitration.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH RE-TURNZ ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Re-turnz on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Re-turnz, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Re-turnz by someone else.
 
Agreement to Binding Arbitration Between You and Re-turnz.
You and Re-turnz agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Re-turnz, and not in a court of law.
 
You acknowledge and agree that you and Re-turnz are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Re-turnz otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Re-turnz each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
 
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto.
It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Texas.
 
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
 
If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Re-turnz submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

+ Arbitrator’s Decision.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorney’s fees and expenses, to the extent provided under applicable law. Re-turnz will not seek, and hereby waives all rights Re-turnz may have under applicable law to recover, attorneys’ fees and expenses if Re-turnz prevails in arbitration.

+ Fees.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Re-turnz will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Changes.

Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if Re-turnz changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Re-turnz written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our Re-turnz Agent for service of process, c/o Re-turnz, LLC (the name and current contact information for the Re-turnz Agent from the email address associated with your Account to: info@re-turnz.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Re-turnz in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

+ Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

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