Returned.com Terms of Service

Last Modified:  July 5, 2024

Thank you for using Returned.com!

By signing up for a Returned.com account or by using any Returned.com services, you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

These Terms of Service are entered into by and between You and Returned.com, Inc. (“Company,” “Returned.com,” “we,” or “us”).  The following terms and conditions, together with any documents or policies they expressly incorporate by reference, including without limitation the Privacy Policy available at https://www.returned.com/privacy-policy (our “Privacy Policy”), govern your access to and use of www.returned.com (the “Website”), the Returned.com mobile application (the “App,” with the Website and any other online services we offer, our “Services”), including any content, functionality, and services offered on or through either, whether as a guest or registered user.  Our Website, App, and Services may be referred to collectively as our “Platform”.

Returned.com provides a mobile App that consolidates your online and in-store purchase in one place, identifies items eligible for return, and allows you to initiate a return.  Our embedded AI communicates with the Retailer regarding your return request.  One of the ways in which we are able to help customers using Returned.com is by using “generative artificial intelligence” or “generative AI” to help us communicate with Retailers regarding your return request.  All AI activities are monitored, refined and improved by our human staff.  Once the return is completed, you can ship the item back to the Retailer, drop it off at the nearest physical store or request a return package pickup.

Please read the Terms of Service carefully before you start to use the Services.  By using our Services or by clicking to accept or agree to the Terms of Service when this option is made available to you, you agree to these Terms of Service or the Privacy Policy.  If you do not agree to these Terms of Service or the Privacy Policy, you must not access or use our Services.

You can read, at any time, the latest version of these Terms of Service, via the Returned.com App or at Returned.com

Binding Arbitration.  These Terms of Service provide that all disputes between you and Returned.com that in any way relate to these Terms of Service or your use of the Platform will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Service (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled “Dispute Resolution; Mandatory Binding Arbitration and Class Action Waiver” for the details regarding your agreement to arbitrate any disputes with Returned.com.

1. Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion.  All changes are effective immediately when we post them, and apply to all access to and use of all Services from that point onwards.

Your continued use of our Services following the posting of revised Terms of Service means that you accept and agree to the changes.  You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

2. Territory and Scope of our Services

Our Services are offered and available to users who are at least 18 years of age and who reside in the United States or any of its territories or possessions.  By using our Services you represent and warrant that you are of legal age and full capacity to form a binding contract with the Company and meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use our Services.  When you access our Services you agree to comply with all applicable laws and regulations governing the territory from which you access our Services.

3. Creation of a Returned.com User Account

When you sign up to the Service we will create a user account for you, to give you the full potential of all the functions in the Service (“Returned.com User Account”).  You will be asked to give us certain personal information necessary for your Returned.com User Account.  Remember to always keep your contact information on your Returned.com User Account up-to-date and add all your relevant delivery addresses.  We will handle all personal information we collect in creating your Returned.com User Account in accordance with our Privacy Policy.

4. Accessing the Services

We reserve the right to withdraw or amend the Services, and any service or material we provide through the Services, in our sole discretion and without notice.  We will not be liable if for any reason some or all Services are unavailable at any time or for any period.  From time to time, we may restrict access to some Services from some or all users, at our sole discretion.

You are responsible for making all hardware, connectivity, and other technical arrangements necessary for you to use and access our Services.

5. Registration

As a condition of creating an account with us (a “User Account”) or accessing or using our Services, you will be asked to provide certain registration details or other information.  It is a condition of your use of our Services that all the information you provide on, to, or through our Services is correct, current, and complete.  You agree that all information you provide to register with or use our Services, including, but not limited to, through the use of any interactive features of our Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information that are consistent with our Privacy Policy.

If you do not agree to the Terms of Service and our Privacy Policy, you should not and may not create a User Account or use our Services.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not share it with any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Services or portions of our Services using your user name, password, or other personal or security information.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  You also agree to take reasonable security safeguards, including without limitation ensuring that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable or reject any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our sole discretion, you have violated any provision of these Terms of Service.  In order to access our Services, you must keep your registration and account information up to date.

6. Automatic Renewal Subscription Terms

We may charge a subscription fee for some Services on our Platform.  Your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period by emailing support@returned.com.  If you cancel your subscription, your account’s access to our Services will automatically end at the end of your current billing period.  Company may change the price for your subscription, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes.  Price changes will take effect at the start of the next subscription period following the date after the price change takes effect.  If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect.  If payment through your payment method is refused, rejected, or declined for any reason, we reserve the right to cancel your subscription without notice.  In the event that your subscription is canceled for any reason, you will need to resubscribe in order to access our Services.

7. Account Termination

You may terminate your account at any time, for any reason, by emailing us at support@returned.com and request that your account be terminated.

To the extent permitted by applicable law, we may immediately terminate or change these Terms of Service and may immediately suspend or terminate your access to the Services at our sole discretion and without notice.  You must provide 30 days written notice prior to terminating an account.

Upon termination of these Terms of Service by either party, your right to access the Services will immediately cease.  You agree that neither Returned.com nor any partner, or affiliated person or entity shall be liable to you or any third party for suspension or termination of Services, and you further agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to our termination of these Terms of Service.  You acknowledge that our right to terminate is in addition to any other rights we may have at law regarding your use of the Services or our provision of services to you.

8. Who We Are

Our mission is to solve the neglected trillion dollar problem of returns for consumers, retailers and our planet.

9. The Returned.com App

The Returned.com App, provided to you by way of a mobile App is your online return management center — a place to manage all your purchases and easily identify items you would like to return.  With just a few taps, you can request to return and item and our AI will initiate the return on your behalf.  If the return request is successful, you will be notified within the app, and if you opt in, with notifications.  You can either ship back the item, drop it off at the Retailer’s physical store, or request a return package pickup.

Some of these features are automatically activated by downloading and logging in through the App, while others can be activated by you after login.  Returned.com wants to provide you with the best return experience and offer you the ability to return items from a wide range of Retailers.

Please be aware that:

• Retailer’s policies vary wildly

• We adhere to the Retailer’s return policies

• Some Retailers charge a fee for returns and shipping

• Some items cannot be returned including, but are not limited to:  items that have passed the return date, hazardous materials, digital purchases, live animals, gift cards, Retailer’s return policy provisions and more.

  
  

We will do our best to initiate and complete the return on your behalf.

We grant you a limited, irrevocable, nonexclusive right and license to use our App solely for your personal noncommercial uses and purposes, which are limited to using the Returned.com services as described throughout our Platform for returning products.  The license to use our App is restricted as follows:

1. Limitations on Copying and Distribution.  You may not copy or distribute the App except to the extent that copying is necessary to use the App for purposes set forth herein.

   
   

2. Limitations on Reverse Engineering and Modification.  You may not reverse engineer, decompile, disassemble, modify or create works derivative of the App, except to the extent expressly permitted by applicable law.

   
   

3. Sublicense, Rental and Third Party Use.  You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the App, or directly or indirectly permit any third party to copy and install the App on a device not owned and controlled by you.

   
   

4. Proprietary Notices.  You may not remove any proprietary notices (e.g., copyright and trademark notices) from the App or its documentation.

   
   

5. Use in Accordance with Documentation.  All use of the App must be in accordance with its then current documentation, if any, provided with the App or made available on Company’s website.

   
   

6. Confidentiality.  You must hold the App and any related documentation in strict confidence for your own use only.

   
   

7. Compliance with Applicable Law.  You are solely responsible for ensuring your use of the App is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.

Returned.com updates the Returned.com App periodically with new and improved features.  To mention a few of the features we are most proud of:

• View your purchases in one place with order item, order images and projected return by date

• With one click, AI communicates with Retailers on your behalf to negotiate your return request

• Easy interaction with Returned.com

Examples of other features we may offer:

• Display, storage and management of your purchases, images and return date

• Advertisements and promotions we think you will like, personalized recommendations, offers and other content

• Share your experience and thoughts with others on Retailers and products you purchase by submitting a product review through the Returned.com App.

  
  

10. Import Services

1. General terms and conditions for the Import Services

The Returned.com App includes Import Services, which are used to allow us to obtain access to your email account and inbox, and import the necessary information for you to use the Services and for us to process returns on your behalf. The “Import Services” consist of the following features: Email Import and Amazon Connect. This access and information are required for us to provide certain of our Services to you, which will not be available if you do not agree to comply with the terms in this Section 10. 

2. How do the Import Services work?

By enrolling in the Import Services, you agree to give Returned.com access to your email or the Amazon account you have chosen to connect to the Import Services. You instruct Returned.com to collect data on purchases, such as retailer or seller’s information, place of purchase (either online or in store) (“Order Information”), and information relation to return initiation, completion, accompanying return shipping labels and refund information. Returned.com will use this information and show this information in the Returned.com App. 

The Import Services enable Returned.com to collect data from the selected accounts on your behalf to surface order information. The Import Services further enable you to request a return of an “Item” which Returned.com will initiate on your behalf, and once complete, will notify you of the return outcome.
 

3. Is there a cost to using the Import Services?

No. Returned.com does not charge any fee for your use of the Import Services. Traffic charges to your mobile operator or internet service provider may apply. 

4. Handling of your data

To offer you the Import Services, we need to process your personal data to fulfill our contractual obligations with you as set out in this Agreement and in our Returned.com Privacy Policy. 

We may also process special categories of personal data (this may include data relating to e.g. health, sexual orientation, religious beliefs, etc.) as a side-effect or unavoidable disclosure when scanning your inbox or your account for relevant data. This processing is based on your consent provided by you when you signed up for the Services. We do not process this data for any other purpose. If such special category personal data is directly related to a relevant purchase, we will not use this data for marketing or consumer profiling purposes.

We encourage you to read the Privacy Policy for a more detailed understanding of how we process and protect your data, information about your rights, how you can get in touch with us, or to submit a complaint.

5. Availability and safeguarding measures

Returned.com aims to provide the Import Services with high availability and without technical interference, but we cannot guarantee that the Import Services will always be fully available. We may occasionally need to restrict the availability or immediately suspend the Import Services for security reasons, authority decisions, for technical or maintenance reasons, or other reasons.

Returned.com does not represent or warrant that the Import Services are able to collect information from all orders or deliveries that are available via your email or your Amazon account.

In the event of fraud, suspected fraud or security threats in connection with the Import Services we will inform you by phone call, email or text message unless providing such information would compromise objectively justified security reasons or is otherwise prohibited by law.

6. Duration and termination

If you disconnect your accounts from the Import Services features to which you have enrolled in the Returned.com App, we will then stop importing new data.  However, previously imported data will still be available in the Returned.com App. You may contact Returned.com’s customer service team if you have any questions regarding the Import Services or need help disconnecting any of the features. 

You may also decide to terminate only one of the Import Services features provided as part of the Import Services. If you decide to terminate a feature, this Agreement will continue to apply in relation to the remaining features to which you have enrolled. You can find more information on how you can terminate a feature in the specific terms relevant for the feature below.

Please note that deliveries and purchases visualized in the Returned.com App based on data already collected via the Import Services will still be visible in the Returned.com App, for the duration of the Services.

If you terminate all Email Import features, please note, logging into the Returned.com App will not be possible. 

Returned.com may suspend, limit your access to any or all of the Import Services and/or terminate this Agreement where we reasonably consider it necessary to comply with our legal obligations or in the event you have not complied with this Section 10, for example:

• To prevent fraud; 

• To limit the risk of money laundering and/or terrorism financing; 

• To protect us against any legal or regulatory risks, including any security risks; 

• We reasonably suspect, or are aware, that you have breached this Agreement in any material respect; or

• We otherwise reasonably consider your activity associated with the Services to be in violation of any applicable law or regulation.

In the event of misuse, Returned.com will provide the following:  

• One-month notice of any suspension, limitation or termination if reasonably possible; or 

• Immediate notice of any suspension, limitation or termination if any matters will harm the Services or are serious in nature where one month's notice cannot be provided. 

  
  

Sometimes Returned.com will not be permitted to tell you by law or where it will prejudice any ongoing investigation.

If Returned.com cannot provide the Import Services for any reason or ceases to provide any of the features included in the Import Services, Returned.com may terminate this Agreement by providing no less than three months' written notice.

Please note that in the event of termination of this Agreement, the use of the Services will no longer be available. Returned.com will not collect any Order Information or additional data from your account(s), and Returned.com will no longer have access to your account(s).

7. Specific terms and conditions for Email Import feature

1. How can I enroll in Email Import?

You can enroll in the Email Import features through the Returned.com App. By enrolling in the Email Import features, you agree to give Returned.com access to your email account(s) you have chosen to connect. You instruct Returned.com to collect Order Information, Return Initiation, Return Completion, Refund Information and Shipping and Delivery Information from your email account and to use and visualize the information in the Returned.com App. You will not be required to share your email login credentials with Returned.com.

The Email Import features enables Returned.com to collect data from your email account on your behalf, which enables you to monitor the Order Information in the Returned.com App for purchases you have made online, as well as purchases made in a store. 

If Microsoft is your email provider, Returned.com is able to provide the Email Import feature to you by use of an API provided by Microsoft. You must always have and maintain a valid license for your own use of your Microsoft service.

If Google is your email provider, Returned.com’s use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

2. How does Email Import work?

Returned.com enables the Email Import features by automated processing of your data. 

Returned.com asks your email provider to allow Returned.com to access your email account on your behalf. We do this in order to collect data that is relevant to provide the Email Import features to you. 

Your email provider will ask you for your login credentials (e.g. email address and password). By providing your credentials to the email provider, you authorize Returned.com to access your email account, and read and collect relevant content.

Returned.com scans and imports your purchase(s) and deliveries related emails received in your inbox.  

Returned.com scans relevant emails based on sender email domain, keywords or other identifiers and from these relevant emails extracts the Order Information, Return Information, Return Label Information and Refund Information and other retailer communications      for use in the Returned.com App. Returned.com will store and use this information for as long as needed to provide the Email Import to you, to improve the Email Import features or for other lawful purposes. Returned.com does not store your emails but may retain and use limited information from such emails to improve our Email Import features.

Returned.com uses your Order Information to visualize purchases in the Returned.com App for purchases you have made online and in-store. 

Returned.com will frequently (multiple times per day) scan your email account on your behalf, as described above, in order to provide you with the most recent updates and current information, until you disconnect the Email Import features or terminate this Agreement.

Certain email providers, such as Google and Microsoft, will also ask you to re-consent to connect to their API, this consent is not collected by Returned.com, but you need to provide your consent in order for us to continue to provide the Email Import feature.  Returned.com will remind you when it is time to re-consent. If you do not re-consent your email will be disconnected, we will stop importing any new data into the Returned.com App, and you will no longer be able to access Returned.com’s App.  

3. Your use of Email Import

You are not permitted to connect another individual’s email address to the Email Import features and you must have and maintain a valid license for your use of Google, Microsoft or any other underlying email service. 

4. When can Email Import be used? 

The Email Import features work if the email service associated with order and return is provided by Google (Gmail), Microsoft or other email service provider who enables integration by Returned.com and with which Returned.com has integrated from time to time. 

8. Specific terms and conditions for Amazon Connect feature

1. How can I enroll in Amazon Connect?

You can enroll for the Amazon Connect feature through the Returned.com App. By enrolling in the Amazon Connect feature, you agree to give Returned.com access to your Amazon account that you have chosen to connect to the Amazon Connect feature. You instruct Returned.com to collect the Order Information to use and visualize the information in the Returned.com App. You will not be required to share your Amazon login credentials with Returned.com.

The Amazon Connect feature enables Returned.com to collect data from your Amazon account on your behalf, which enables you to monitor the Order Information in the Returned.com App for purchases you have made on Amazon. 

Furthermore, the Amazon Connect feature allows Returned.com to initiate returns on your behalf for purchases you have made on Amazon. 

2. How does Amazon Connect work?

Amazon Connect allows you to monitor your Amazon purchases made by importing data from your Amazon account. Specifically, we will import Order Information, Return Information and Return Tracking Information .

To use Amazon Connect, you will need to sign into your Amazon account through the Amazon portal using your Amazon login credentials, e.g., your email or mobile phone number and enter your Amazon password. You will not be required to share your email login credentials with Returned.com.

When logged in to the Amazon Connect feature, Returned.com will get access to your account on your behalf. We do this in order to collect relevant data to provide the Amazon Connect feature to you. 

Returned.com will frequently (multiple times per day) access your Amazon account on your behalf in order to provide you with the most recent updates and current information. We will do this until you logout or terminate this Agreement.

3. Your use of Amazon Connect

You must have and maintain a valid Amazon account for your use of the Amazon Connect feature. You are not permitted to connect another individual’s email or Amazon account to use the Amazon Connect feature. Once you log in to your Amazon account in the web browser in the Returned.com App, we will show the email address you used to access your Amazon account when you use Amazon Connect in the Returned.com App. You'll stay logged in on your device until you manually logout, delete the Returned.com App, change your password to your Amazon account or logout the current session from another device by using Amazon sign-out. Please note that when you log out from your Amazon account, you will also be disconnected from Amazon Connect.

If you log out from Amazon, you will be required to log in again in order for us to continue providing the Amazon Connect feature to you since your Amazon session will be disconnected and that will mean that we will stop importing any new data into the Returned.com App. Previously imported data will still be available in the Returned.com App.

4. How can I terminate Amazon Connect?

You can terminate the Amazon Connect feature by disconnecting your account from the Amazon Connect feature in the Returned.com App. We will then stop importing new data but previously imported data will still be available in the Returned.com App. Please note that this Agreement remains effective until you have terminated all the features to which you have enrolled in the Returned.com App.

If you have any questions or if you need help disconnecting the Amazon Connect feature, you can contact support@returned.com. 

9. Your Representations and Warranties  

By accepting these Terms of Service in connection with the Import Services, you hereby represent and warrant that (1) you have read, acknowledged and understood the Privacy Policy, including with respect to the collection, disclosure and other processing of your personal information as described therein, (2) you own or own or otherwise have all necessary rights, consents, waivers and authorizations to submit the Import Services provided in connection with your use of the Import Services (3) the Import Services are accurate and not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party, including any rights of privacy or publicity with respect to the name, image, and likeness of any individual included in theImport Services; (4) the Import Services do not include any information of any person under the age of eighteen (18), other than as related to your minor children for whom you have the legal authority and ability to provide verifiable parental consent; and (5) that you are solely responsible for the Import Services content you provide, and you, and not Returned.com, have full responsibility for such Import Services content, including its legality, reliability, and appropriateness.

11. Show Historical Purchases And Returns

We save information about your purchases and returns in the Returned.com App.  As a part of the Services provided under these Terms of Service, Returned.com enables you to see information about your purchases and returns in the Returned.com App.  If you want to learn more about how Returned.com uses this information, and other information we have about you, please see our Privacy Policy.

12. Use of Artificial Intelligence

One of the ways in which we are able to efficiently and effectively help customers using Returned.com is by using “artificial intelligence” to help us communicate with Retailers regarding your return request.  All AI activities are monitored, refined and improved by our human staff.

You understand and agree that by using our Services:

Role of Generative AI

• Our mobile application uses generative AI technologies to provide our Services and Platform, including to enhance user interactions, to assess and process quality of receipt data, and to facilitate communications with Retailers in connection with the return process.  Generative AI is a language processing technology designed to facilitate natural language communication within the app.

  
  

Data Collection

• We collect and process user data through various means, including generative AI, to improve and personalize the user experience.  Our Privacy Policy outlines the types of data collected, how it is used, and the security measures in place to protect user information.

  
  

Accuracy and Reliability

• Users acknowledge that responses generated by generative AI may not always be accurate or reliable.  Returned.com disclaims any liability for errors, omissions, or disruptions in the service.

  
  

Security

• Returned.com implements reasonable security measures to protect user data, including interactions with generative AI.  However, users acknowledge that no system is entirely secure, and Returned.com cannot guarantee absolute security.

  
  

Modification of these Terms of Service

• Users will be notified of any changes to these Terms of Service.  Continued use of the application after modifications constitutes acceptance of the updated Terms of Service.

  
  

Additional Information

• Information you provide to us, either directly or through a Linked Account, will be used to initiate a return request.

• This information may be incorporated in anonymized and de-identified form into both Returned.com’s artificial intelligence tool and other, third-party artificial intelligence tools (collectively “AI Models”), where it might be used to train AI Models. However, we do not transfer Google user data to third-party AI tools for the purpose of developing, improving, or training generalized or non-personalized AI/ML models.

• You hereby provide Returned.com with an irrevocable, royalty-free, worldwide, and sublicensable license to use your Personal Information and other data to train, and as inputs in, any AI Models that Returned.com chooses to employ to perform the services.

• Returned.com makes extensive use of AI Models, and you understand that the Services will not function for you as intended without Returned.com collecting your personal information and other data and processing this data through AI Models.

  
  

Please see our Privacy Policy for further information on Returned.com’s use of your information.

13. Your Privacy and Personal Information

Returned.com considers your privacy to be a basic human right and, we use many safeguards to limit how, and for what purposes, we collect, store, and use your personal information.  Please consult our Privacy Policy for further information.  By using our Services you consent to all actions consistent with our Privacy Policy.

14. Beta Services

This section governs your use of services or features that Returned.com offers on an alpha, preview, early access, or beta basis (“Beta Services”).  Beta Services are pre-release features that are in development and not yet available to all users, and are offered “as-is” to allow testing and evaluation and are excluded from any indemnification obligations Returned.com may have to you.

Returned.com may, in its sole discretion, invite you to use Beta Services on a trial basis.  Such Beta Services and all associated conversations and materials relating thereto will be considered Returned.com confidential information and subject to the confidentiality provisions in these Terms of Service.  Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Returned.com’s prior written consent.  Returned.com makes no representations or warranties that the Beta Services will function.  Returned.com may discontinue the Beta Services at any time in its sole discretion.  Returned.com will have no liability for any harm or damage arising out of or in connection with a Beta Service.  The Beta Services may not work in the same way as a final version.  Returned.com may change or not release a final or commercial version of a Beta Service at our sole discretion.

15. Support for Site and Platform; Functionality

All questions and requests relating to support of the App must be directed to Returned.com.  The Third Parties, as defined Section 38(d), are not responsible for providing support for the App and may not be contacted for support.  We may change or remove functionality and other features of the App at any time, without notice.

16. Complaints

We endeavor to handle all complaints promptly, effectively and in a positive manner.

If you have a complaint against Returned.com, you can submit your complaint through email support@returned.com or via postal mail with the keyword “Complaint” to Returned.com’s address at:  4845 Pearl East Cir Ste 118 PMB 48238 Boulder, Colorado 80301.

17. Card Payments And Authorization To Charge Payment Method

When making a return, requesting a return package pickup service or enrolling in a Returned.com membership, you may configure and use a number of different funding sources, including debit or credit cards.  You agree that any funding source you add may be saved to your Returned.com User Account until you edit/remove it from your Returned.com User Account or if the Returned.com User Account is deleted.

You represent that you are authorized to use any payment method you present to Returned.com and authorize Returned.com to (1) debit, withdraw or charge your payment method and (2) to initiate any credit, debit or charge to your payment method in order to process any returns, chargebacks, reversals, refunds, corrections or other necessary adjustments.  All card payments are subject to authorization by your card issuer.

18. Your Use of Our Services And Rights You Grant Us

In order for our Services to function properly, and to deliver the best possible user experience, you hereby agree and consent to the following:

1. Consent to Use Information

By providing or allowing us to access certain information, including usernames, financial information, purchase information, return information and so forth, you are expressly authorizing and directing us to use such information for the purpose of providing you directly and to optimize our Website, App, and Services.

2. Consent to Access and Monitor Certain Accounts

In order to provide you with certain services, we must have access to certain personal accounts, including without limitation to your connected e-mail account (“Third-Party Sites”).  When you register an account with us, we will ask you to provide access to your accounts, if any (such accounts “Linked Accounts”) on certain Third-Party Sites such as Amazon Connect for the Import Services.  We then use our proprietary technology to gather the information we need (including, without limitation, order information, item names, item photo, item description, item price, purchase date, Retailer, and shipping information) from these Third-Party Sites to perform our services for you.  Subject to these Terms of Service (and our Privacy Policy), You understand that You will be providing us and our designated affiliates, suppliers, or service providers with access to certain information about purchases and orders you have made and that such information may include sensitive personal information, tracking information (such as tracking numbers, carriers, shipments, delivery dates, and tracking links), and order information (such as Retailer names, order numbers, and product details) (collectively “Personal Content”).  By using our services and by syncing your Linked Accounts with our Services, you hereby authorize our, and our designated affiliates, suppliers, and service providers, to use or disclose your Personal Information to the extent necessary to perform the services you direct us to provide, and in accordance with our Privacy Policy, the policies of the applicable Third-Party Sites, and all applicable laws and regulations.

You further acknowledge that this consent is knowingly and voluntarily given, and that it may be revoked at any time by following the instructions in our Privacy Notice and on our Website and our App.  You understand that without this consent, our Services cannot function as intended, and you may be unable to use our Services.

You further acknowledge that your Personal Information may not be alone sufficient for us to perform the services you direct, and we may need to separately contact you or resort to other means to provide the services you direct.

By continuing to use our Services to seek services from us, you hereby represent and warrant that (i) you own all rights to use the Personal Content, (ii) your applicable accounts on Third-Party Sites are solely yours, and not shared; (iii) you are the sole individual with login credentials for your account.  Have sole authority to access your accounts on, (iv) your account will not be accessed by minors, and (v) our accessing your accounts will not violate any applicable law or regulation.

We use sophisticated tools to limit the information we scan and collect to that information which is needed for us to perform the services you direct.  If, for whatever reason, we knowingly come into possession of Personal Information that is not needed to perform services for you, we shall immediately delete such Personal Information.  Please see our Privacy Policy for more details.

3. Agency; Power of Attorney

For purposes of these Terms of Service, and solely to perform such services as you direct, you hereby grant us a limited power of attorney, and appoint us (or such agent as we designate) as your agent and attorney-in-fact, to access Third-Party Sites, retrieve and use your information to provide our Services, including processing of returns, with the full power and authority to do so, and perform each thing necessary in connection with such activities, as you could do in person.  You further authorize us to use artificial intelligence, automated scripts, and similar tools to perform such services.

YOU ACKNOWLEDGE AND AGREE THAT WHEN RETURNED.COM ACCESSES OR IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY SITES, RETURNED.COM IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD-PARTY SITE.

You further authorize Returned.com (or such agent as we designate) to negotiate on your behalf with certain retailers with whom you have made purchases (“Retailers”) for purposes of facilitating returns and the provision of our other services, and to perform other acts necessary for us to provide the services you have requested.

Not Your Lawyer; No Legal Advice.  The power of attorney and attorney-in-fact designations indicate that we have the legal right to submit and process your returns.  It does NOT mean that we act as your lawyer or attorney in any respect.  Whether we communicate with you through our Services, over the telephone, or otherwise, we do not and are not providing you with any legal advice.  If you have any legal questions regarding your or Returned.com’s rights and obligations under these Terms of Service, you should contact the attorney of your choice.

19. Your Responsibilities When Using Our Services

In addition to the other requirements set forth in these Terms of Service, you agree when accessing our Services or receiving services from Returned.com to:

• Communicate truthfully and in a timely fashion with us and other third parties accessed through our Services.

• Obey all applicable laws and regulations governing your use of the Services or our provision of services to you in the jurisdiction from which you access our Services or receive our services.

• Act in any manner which, in our sole discretion, reflects poorly on the business reputation of Returned.com or any affiliated persons.

• Act in any manner that impacts the ability of other users of our Services to use our Services or receive services from us.

  
  

20. Returns of Dangerous, Oversized, or Hazardous Products

You acknowledge and agree that we and you must comply with all terms and conditions relating to Retailer return and refund policies.  This includes restrictions and limitations on returns of dangerous, oversized, or hazardous materials products.

21. Your Relationship With Retailers

Returned.com is not in any way responsible for the goods or services you have returned to Retailers, including, without limitation, the quality of the items and how and whether such goods or services are delivered.  Returned.com does not provide any endorsements or guarantees for any goods or services offered for sale on third party websites linked to the Returned.com Services.  Returned.com does not warrant the accuracy or reliability of any information or marketing messages contained in the third-party websites linked to the Returned.com Services.

We will do our best to facilitate your return request, but there may be circumstances when you must contact the Retailer to resolve any issues you have with respect to the requested return.  You are always free to contact the Retailer as you wish, however, we will not be responsible for your communications or interactions with Retailers.  Any issues arising from a Retailer refund of a return, you will need to contact the Retailer directly as we do not issue refunds or store credits directly to you.  Further, you may have certain dispute rights through your credit card issuer if you pay with a credit card.  Any disputes filed with your credit card issuer shall be between you and the issuer, and Returned.com shall not be held liable for such disputes.

22. Misuse of Information

Any use of information that does not belong to you or that you for other reasons are not authorized to use, or the use of the Services in a non-prescribed way, will be seen as a misuse.  Any data relating to misuse or suspected misuse may be saved and used for future risk assessment and for the protection of involved parties.  Returned.com reserves the right to block the Services from further usage.

23. Our Communications with You

From time to time we may in our discretion choose to send you updates about these Terms of Service, our Services, the services we provide, our other matters that are relevant to Returned.com.  You can read, at any time, the latest version of these Terms of Service, via the Returned.com App or at Returned.com.

It is your responsibility to read all communications we send to you, and to contact us with any questions or clarifications.

24. MOBILE FEATURES

The Services may offer features that are available to you via your mobile phone or other mobile device.  These features may include, without limitation, the ability to view Materials, upload content through the Services, receive messages from the Services, download applications to your mobile device or access Services features (collectively, the “Mobile Features”).  Message and data rates and other carrier fees may apply.  Fees and charges will appear on your mobile device bill or be deducted from your mobile device pre-paid balance.  Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device.  Please contact your carrier with questions regarding these issues.  As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features.  The instructions may require you to text a keyword (e.g., “STOP”) to the applicable short code for the Mobile Feature.  You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding Returned.com or other parties.  Further, we may collect information related to your use of the Mobile Features, and the use of such information is governed by our Privacy Policy.  If you have registered for Mobile Features, you agree to notify Returned.com of any changes to your mobile number and update your account(s) with the Services to reflect this change.

Consent to Receive Calls and Text Messaging.  By giving us your phone number you are consenting to phone calls and text messages at that number.  You acknowledge and agree that: (a) messages to your mobile phone number may be sent via an automated telephone dialing system; and (b) consent to receive any such messages is not a condition of purchasing any goods or services from Returned.com.  Any applications or other software you download to access or use Mobile Features is licensed subject to the agreement, terms, and conditions applicable to such application or other software.

RETURNED.COM MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:  (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

25. Special Promotions

Any sweepstakes, contests, or promotions (“Promotions”) accessible through the Services may be governed by its own set of official rules, which may have eligibility requirements, such as certain age or geographic area restrictions.  By entering or participating in such Promotions, you will become subject to those official rules and agree to be bound by the same.  It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements of you in connection with the applicable Promotion.

26. Intellectual Property

    
    

1. Our Ownership:  Services and all contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) displayed on or presented through our Services are owned by the Company, its licensors, or other lawful providers of such material and are protected by United States and international intellectual property and proprietary rights laws.  The Company name, the terms Returnsy, Bots for Good, We Make Returns Easy, AI Return Agent, Returned.com,  and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors.  You must not use such marks without the prior written permission of the Company.  All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

   
   

2. Your Use of our Intellectual Property:  These Terms of Service permit you to use our Services only for your personal, non-commercial use You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material accessed through or displayed on our Services, except as follows:

• Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement and application optimization purposes.

• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

• You may download a single copy of the App (or any other downloadable Services) to each of your mobile devices solely for your own personal, non-commercial use, provided you agree to be bound by these Terms of Service or other terms applicable to such downloadable Services).

• To the extent that we integrate certain features of our Services with social media, you may take such actions as are enabled or contemplated by such social media features.

  
  

27. Prohibited Uses

You must not:

• Modify copies of any materials from our Services.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

  
  

You must not access or use for any commercial purposes any part of the Services or any services or materials available through the App, Website, or otherwise.

Furthermore, you agree to only use our Services for lawful purposes and in accordance with our Terms of Service.  You specifically agree not to use our Services to:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• Breach these Terms of Service, our Privacy Policy, or any other agreement you have entered into with Returned.com or in connection with a product offered through the Returned.com App or any other of the Services;

• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

  
  

Additionally, you agree not to:

• Use our Services in any manner that could disable, overburden, damage, or impair the Services, interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.

• Use any robot, spider, scraping program, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

• Use any manual process to monitor, scrape, or copy any of the material on our Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of our Services.

• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which the Services are hosted, or any server, computer, or database connected to the Services.

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Services.

• Infringe our or third-party intellectual property rights.

• Fail to provide us with any information about you that we may reasonably and legally request.

• Reveal any PIN or similar code we send you to anyone else.  We are not responsible for losses incurred by you, or by any person other than you, arising as a result of your misuse of your PIN or similar code.

• Reverse engineer, decompile, alter or modify any part of the Service (or attempt to do so), or otherwise derive (or attempt to derive) the source code or algorithms.

• Export or re-export the Returned.com App or its underlying information and technology, into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

  
  

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Services in breach of the Terms of Service, your right to use our Services will immediately cease and you must, at our option, either (i) return or (ii) destroy any copies of the materials you have made.  No right, title, license, or interest in or to the App, Website, Services, or any content presented on them is transferred to you, and all rights not expressly granted by these Terms of Service are reserved by the Company.  Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

28. User-Generated Content

Our Services may contain reviews (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through our Services.

All User Contributions must comply with the content standards set out in these Terms of Service.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary.  By providing any User Contribution on or through the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material in any manner not inconsistent with these Terms of Service and the Privacy Policy (the “User Content License”).  You further acknowledge that this User Content License is worldwide, irrevocable, royalty-free, sublicensable, and you further agree to provide all other licenses and permissions (including waiver of any rights of publicity) required for our display or further use of User Content.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and all content included in the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

• All of your User Contributions do and will comply with these Terms of Service.

• 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 and you are not listed on any U.S. Government list of prohibited or restricted parties.

  
  

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.

29. Monitoring and Enforcement of User-Generated Content

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.  We may use AI tools to assist us with this.

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Service, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users our Services or the public, or could create liability for the Company.

• Disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and consistent with our Privacy Policy

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Services.

• Terminate or suspend your access to all or part of our Services for any or no reason, including without limitation, any violation of these Terms of Service.

  
  

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Website.

YOU HEREBY WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

We cannot and do not undertake to review all material before it is posted on or through our Services, and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

30. Social Media

Through our Services, we may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on our Website.

• Send emails or other communications with certain content, or links to certain content, on this Website.

• Cause limited portions of content on our Services to be displayed or appear to be displayed on your own or certain third-party websites.

  
  

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and in accordance with any additional terms and conditions we provide with respect to such features.  Furthermore, any such use of social media features must comply in all respects with the Terms of Service, privacy policies, and other rules of the applicable social media platform, and with the content standards set forth below.  We may disable all or any social media features and any links at any time without notice in our discretion.

31. Content Standards

All User Contributions, comments, reviews and other material (collectively, “Feedback”) of any sort posted on or through our Services must adhere to the following content standards.  Without limitation, User Contributions and Feedback must not:

• Violate any applicable federal, state, local, or international law, convention, or regulation, or these Terms of Service.

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• Infringe on the rights to privacy, publicity, or control of name, image, and likeness of any other person or third party.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

  
  

You grant Company a royalty-free, irrevocable, transferable right and license to use your Feedback in whatever manner Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Feedback and/or incorporate such Feedback into any form, medium or technology, including social media channels.  Company is and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay to you any compensation for any Feedback; or (3) to respond to any Feedback.  We may revise these content standards from time to time, and you are responsible for keeping informed about, and obeying, any revised content standards.

32. Intellectual Property Rights of Third-Parties

Our Services may from time-to-time feature material produced and/or owned by certain Third-Parties (“Third-Party Content”).  We strive to acquire licenses or other permissions to use all Third-Party Content.  Third-Party Content may be subject to additional restrictions based on the direction of the owner of such Third-Party Content, as set forth in writing by such owner.  In such cases, we will clearly identify the Third-Party Content and provide links or directions to access any additional terms applicable to the use of such Third-Party Content.  Unless otherwise stated, we hereby disclaim all title and ownership of all Third-Party Content.

33. Digital Millennium Copyright Act

We take claims of copyright infringement seriously.  We will respond to notices of alleged copyright infringement that comply with applicable law.  If you believe any materials accessible on or from the Services infringe your copyrights, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below (the “DMCA Notice”).  In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512), the DMCA Notice must include substantially the following:

• Your physical or electronic signature.

• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works sufficient for us to establish ownership of your works.

• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate and remove such allegedly infringing content.

• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

• A statement that the information in the written notice is accurate.

• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Company’s address for DMCA Notices is:

Attn:  Returned.com

Email:  support@returned.com

Address:  4845 Pearl East Cir Ste 118 PMB 48238

Boulder, Colorado 80301

Please title all DMCA Notices “DMCA Notice and Takedown Request”.  If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.  Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Please contact Company at the below address regarding infringement of trademarks or other intellectual property rights:

Attn:  Returned.com

Email:  support@returned.com

Address:  4845 Pearl East Cir Ste 118 PMB 48238

Boulder, Colorado 80301

It is the policy of the Company to terminate the user accounts of repeat infringers, and we reserve the right to take all legal action that we deem appropriate with regard to any acts of infringement.

34. Payment and Refunds

Payments for all purchases through our site or other transactions for our services are conducted through our third-party payment processor.  We require the third-party payment processor to properly and lawfully protect your personal information.

All refunds and reimbursements of amounts paid by you to Returned.com for services accessed through our Services shall be governed by our Cancellations and Refunds Policy.

35. Additional Terms

We may from time to time provide new, enhanced, or additional Services (“Supplemental Services”) that include additional terms and conditions (“Supplemental Terms”).  In the event of any irreconcilable conflict between these Terms of Service generally, and specific Supplemental Terms, the Supplemental Terms shall control.  We currently do not offer any Supplemental Services.

By using any Supplemental Services, you agree to their Supplemental Terms.

36. Certain Third-Party Integrations

In order to best provide you with the services that you request, our Services use certain third-party application program interfaces (“APIs”), modules, and other integrations (collectively “Third-Party Tools”).  Your and our use of such Third-Party Tools is governed by the Terms of Service of the providers of such Third-Party Tools (each an “Integration Partner”, such terms the “Integration Terms”).

By using our Services you acknowledge and agree to the Integration Terms.  You may choose to opt out of using such integrations, but doing so may make it impossible for us to provide you with the services you request.

37. Linking Policy

1. Links to Our Website

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.  Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.

• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

• Link to any part of the Website other than the homepage.

• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.

  
  

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.  We reserve the right to withdraw linking permission without notice.

2. Links from Services

If our Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

3. Our Links to Third Parties

Links through the Services to other websites (including without limitation any advertisements and any partner websites) are provided as a convenience to you.  If you use these links, you will leave the Services.  We do not control or endorse any such advertiser or other websites, and, except to the extent you use Returned.com benefits in connection with a qualifying purchase on a Retailer website or application, your dealings with such third parties are solely between you and such third parties.  You agree that you will be responsible or liable for (a) any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertiser or other such links through the Services; (b) for any content, goods or services provided on or through such websites and applications; or (c) for your use or inability to use such websites and applications.  You use these links and do business with other parties at your own risk.  Retailer offers advertised through the Services are provided by third parties outside of the Services and the Services may provide links to these Retailers and offers.  Further, Services functionality may also permit interactions between the Services and a third-party website or online feature, including without limitation applications that connect the Services or your profile with the Services with another website.  Using this functionality typically requires you to login to your account on the other website site and you do so at your own risk.  We do not control any of these sites or any of their content.  Accordingly, you understand and agree that we are not responsible for your use of these services provided by third parties, and that your use of such services is subject to the terms and conditions established by such third parties.

EXCEPT WITH RESPECT TO YOUR USE OF ANY ELIGIBLE RETURNED.COM BENEFITS, YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

We encourage you to review such third parties’ user terms and privacy policies before you use their services.  Descriptions of, references to, or links to products, services or publications within the Services do not imply endorsement of that product, service or publication.

38. Warranties; Disclaimers; Limitations on Liability

1. No Reliance on Materials

The information presented on or through our Services is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to or user of our Services, or by anyone who may be informed of the contents of the information at issue.

Our Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of the Company.  We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Furthermore, we reserve the right to update or change—or choose not to update or change—the content on our Services.  As such, the content seen on or through our Services may be inaccurate, and we are under no obligation to check or update it for accuracy.

2. General Disclaimer of Warranties

You understand that we cannot and do not represent, guarantee, or warrant that either (a) our App, Website, and Services, or (b) files available for downloading from or through our App, Website, and Services, are error free, work as intended, or are free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  You further understand (i) that the services we perform may involve negotiating on your behalf with Retailers and certain other third parties, (ii) that all negotiations are fluid and that a positive outcome is not guaranteed, and (iii) that we make no representations or warranties that our negotiations will be successful or not negatively affect your relationships with such Retailers or third parties.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE PLATFORM, OR USING ANY WEBSITE LINKED FROM OUR SERVICES.

YOUR USE OF OUR SERVICES, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK.  OUR SERVICES, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, AI “HALLUCINATION”-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

3. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES OR APPLICATIONS THAT LINK TO OUR WEBSITE, OR ALL CONTENT INCLUDED IN THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct, or death or bodily injury caused by our services.

It is expected that your sole remedy for dissatisfaction with our Services is to stop using our Services.  If, for whatever reason, you are entitled to recover monetary damages against Company, such Company liability shall be limited to no more than ten dollars ($10).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

4. No Liability of App Stores and Other Third Parties.

Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the App, and their respective affiliates, suppliers, and licensors (collectively, “Third Parties”) are not parties to these Terms of Service and they do not own and are not responsible for the App.  Company, and not any Third Parties, is responsible for addressing any claims raised by you or any third party regarding the App or your use or possession thereof, including claims related to product liability, legal or regulatory requirements, and consumer protection or similar legislation.  You are responsible for complying with all application store and other applicable Third Party terms and conditions.  YOU AGREE (I) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE APP, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THESE TERMS OF SERVICE OR THE APP, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE HUNDRED DOLLARS ($500.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF THE APP AND THESE TERMS OF SERVICE.  THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS OF SERVICE, CAPABLE OF DIRECTLY ENFORCING ITS TERMS.  NOTHING CONTAINED IN THESE TERMS OF SERVICE WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER.  In the event of any claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, the Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.

39. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation or anticipatory breach of these Terms of Service or your use of the Services, including, but not limited to, your User Contributions, (ii) any use of the Services, or any content provided through the Service’s other than as expressly authorized in these Terms of Service, (iii) your use of any information obtained from or through the Services, (iv) Company’s performance of the Services in accordance with these Terms of Service, or (v) Company’s use of your information in accordance with Company’s Privacy Policy.  We reserve the right to assume the exclusive defense of any claim involving you and us, and you agree not to settle any such claim without our express written consent.

40. Dispute Resolution; Mandatory Binding Arbitration and Class Action Waiver

We will try work in good faith to resolve any issue you have with the Platform, including services ordered or purchased through the Platform, if you bring that issue to the attention of our customer service department.  However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction. 

YOU AND RETURNED.COM ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.  OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE PLATFORM OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.  Arbitrators can award the same damages and relief that a court can award.  The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (JAMS) under the JAMS Comprehensive Arbitration Rules and Procedures then in effect, except as modified by this Section 40.  The Comprehensive Arbitration Rules and Procedures are available online at jamsadr.com/rules-comprehensive-arbitration/. You agree that, by agreeing to these Terms, the Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid.  The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. 

If you seek arbitration or elect to file a small claim court action, you must first send, by certified mail, a written notice of your claim (a “Notice”) to Returned.com, ATTN:  Returned.com Support Team, 4845 Pearl East Cir Ste 118 PMB 48238, Boulder, Colorado 80301. If Returned.com initiates the arbitration, it will send such Notice to you in accordance with this section. A Notice, whether sent by you or Returned.com, must: (a) describe the nature and basis of the claim or dispute; and (b) describe the specific relief sought (the “Demand”). If you and Returned.com do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Returned.com may commence an arbitration proceeding or file a claim in small claims court. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR RETURNED.COM WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

This arbitration clause shall survive the termination of these Terms of Service. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Service shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be as set forth above. 

41. Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

42. General Terms and Conditions

1. Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action, or proceeding you bring arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the City of Denver and County of Denver, although we retain the right to (a) require arbitration of the dispute, as set forth above, and to (b) bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

2. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

3. Entire Agreement

The Terms of Service, constitute the sole and entire agreement between you and Returned.com regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

4. Additional Links

You may access our Privacy Policy at https://www.returned.com/privacy-policy.

5. Contact Us

This website is operated by Returned.com

Returned.com

4845 Pearl East Cir Ste 118 PMB 48238

Boulder, Colorado 80301

or via our toll-free number:  720-500-7000

All notices of intellectual property infringement claims should be sent to the agents designated above in the manner and by the means set forth above.

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to:  support@returned.com.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.