Dated and Effective December 1, 2017
- Introduction and Overview
- How the ReturnRunners Service Works
- User Responsibilities and Commitments
- Specific Terms and Conditions for Runners
- Our Rights, Responsibilities and Commitments
- Liability, Indemnification, Other Legal Terms
- Defined Terms
I. Introduction and Overview
222 W Merchandise Mart Plaza, Suite 1212
Chicago, IL 60654
Snapshots: Finally, We recognize that these Terms contain some complex language and provisions. In order to make it Easier for You to understand these Terms we have inserted simple “snapshot” summaries before complex provisions. These summaries will appear as highlighted text, following the word, “Snapshot”.
- These Terms are a Binding Contract
IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS CONTAINED IN THESE TERMS, OR TO ANY CHANGES THAT WE MAY SUBSEQUENTLY MAKE TO THESE TERMS, PLEASE IMMEDIATELY STOP ACCESSING AND/OR USING THE SITE(S) IN ANY WAY.
- Other Important Terms
- Additional Terms May also be Found on the Site(s) - Your use of the Site(s) may also include other terms and conditions that may be found on (or are incorporated into) the Site(s) itself, such as notices, business terms, policies, service charges, registration requirements, notice of third-party service providers, etc. All such terms will be considered (and are) additions to these Terms, and it is Your responsibility to review and understand them.
II. How the ReturnRunners Service WorksSnapshot: ReturnRunners is a platform that facilitates transactions (merchandise returns) between Customers and independent “Runners”. You need to register to use the platform, follow the rules for Item(s) to be returned, and understand how the service works.
- Return Services are Ordered by Customers, and Matched with Independent Runners
The ReturnRunners service provides a platform that allows individuals (Customers) to engage independent individuals (Runners) to perform certain merchandise return services (in each case, “Return Services”) as specified in a return Order. The fees and other terms relating to Return Services are specified in more detail in Section II.2, below, and in the Site(s).
In more detail, this is how the service works:
- Site(s): Again, the ReturnRunners platform is available via mobile apps and online sites, which are referred to herein as “Site(s)”.
- Registration: To receive access to the ReturnRunners platform, all Customers and Runners are required to register and must create “User” accounts on a Site(s). Both Runners and Customers (as users) are subject to these Terms; and Runners may also be required to sign an additional agreement relating to Return Services. Customers are required to provide basic customer account information and valid credit card information.
- “ReturnRequest” Orders: Through the ReturnRunners platform, Customers can submit return requests (each an "Order") for a Runner to pick up merchandise item(s) from the Customer (each, an "Item"), which the Customer wants to return to a merchant (the merchant is also specified by the Customer at the time that the Order is placed).
- Matching by the Platform: Upon receipt of an Order the ReturnRunners platform will attempt to match the Customer’s Order with a Runner. If a Runner accepts the Order, then the Runner will attempt to pick up the Items and then attempt to physically return the Item(s) as specified in the Order – either by delivering the Item(s) physically to a local store or by physically delivering the Item(s) as required to an appropriate shipping location in order to ship the Item(s) to a specified online retailer. For purposes of these Terms, the entirety of the logistics services provided by Runners to Customers shall be referred to collectively as "Return Services".
- Individual Agreements: Every decision by a User to request return services (if a Customer) or to provide Return Services (if a Runner) is a decision made in such User’s sole discretion. Each agreement by a Runner to provide Return Services to a Customer shall constitute a separate agreement solely between such persons. In other words, ReturnRunners provides a platform, and individual Runners provide actual Return Services (not ReturnRunners as a company).
- Fees: In exchange for the Return Services, at the time that the Order is placed, the Customer will be charged applicable Service Fees by ReturnRunners in accordance with the payment terms set forth in Section II.2 below, and as set forth on the Site(s).
- Return Processing: Runners will attempt to complete returns in the manner specified by the Customer at the time that an Order is placed. If the Customer requests that a credit card or other electronic credit be processed, the Runner will attempt to complete such transaction (subject to the rules of the merchant, etc.). If the Customer requests a cash refund, then the Runner will attempt to complete such return and ReturnRunners will return funds to the Customer via electronic payment (e.g. Chase pay, Venmo, etc.). For more information, please see the FAQ section of the Site(s).
- Item/Order Limitations: Orders will be subject to weight limits and other limitations, as set forth in the Site(s). If Item(s) do not comply with the specified limitations, ReturnRunners will have the right to cancel the Order.
- Security for Item(s): Runners are not responsible for loss of or damage to Item(s) prior to pick up and (if applicable) after return of the Item(s). Runners and ReturnRunners are not responsible for loss or damages to Item(s) in shipping, or as may be caused by third parties in any way.
- Service Fees and Payments
- Service Fees and Charges
ReturnRunners will charge Customers certain fees for Return Services (as detailed below and in each of the Site(s)), including a base service fee for each Order and certain additional service fees for additional services (e.g. changes to an Order, additional Items, etc.). Such fees will be referred to collectively as “Service Fees”. Service Fees must be paid via credit card (no cash is accepted), and must be paid via the Site(s). Customers may tip Runners; but Customers may not pay Runners directly for Service Fees (and Runners may not accept such payments).
Except as noted below, a portion of each Service Fee will be paid by ReturnRunners to the Runner providing the Return Service, and a portion of each such Service Fee will be retained by ReturnRunners in exchange for providing the Site(s) and related services.
ReturnRunners reserves the right at any time to modify Service Fee pricing by posting revised pricing terms to ReturnRunners Site(s). Such revised prices will be effective when posted.
In addition, if You make changes to an Order prior to the completion of that Order (e.g. adding Items), We reserve the right to cancel the initial fare quote and charge you a revised Service Fee based on your new Order.
If You are using one of the Site(s) as a Customer, You agree to pay all Service Fees applicable to Orders that are placed under Your User account, in accordance with these Terms. You are responsible for reviewing and understanding all of the terms herein and in the applicable Site(s) that You use to place Your Order.
- No Refunds. All Service Fees are non-refundable. This no-refund policy shall apply at all times regardless of Your decision to terminate usage of the ReturnRunners Site(s), any disruption to the ReturnRunners platform or services, or any other reason whatsoever. If We are unable to complete Return Services for any reason to the retailer or other business you have selected, then we will make arrangements to return your Item(s) to you, and we will add a credit to Your account for Your future use.
- Coupon Codes. You may receive Coupon Codes ("ReturnRunners Coupon Codes") that you can apply toward payment of certain Charges upon placing a future return request. ReturnRunners Coupon Codes are only valid for use on the ReturnRunners Platform, and are not transferable or redeemable for cash except as required by law. ReturnRunners Coupon Codes cannot be combined, and if the cost of Your return request exceeds the applicable credit or discount value We will charge your payment method on file for the outstanding cost of the Order. Additional restrictions on ReturnRunners Coupon Codes may apply as may be communicated to You in a relevant promotion communication.
- Descriptions of Specific Service Fees- In addition to any other Service Fees detailed on Our Site(s) or in these Terms, Orders will be subject to the following Service Fees:
- Service Fee. We charge a base Service Fee for each Order. This base Service Fee includes one item to be returned. If you add additional Items to Your Order, You will be charged an additional fee (see below).
- Additional Item Fee. If you have more than one Item to return, you will be charged an Additional Item Fee. This fee will be applied to each additional Item you add to your Order. Note: In order to add additional Items to an Order, the additional Items must be delivered to the same location. If You have additional Items to be delivered to different locations, You must submit an additional Order.
- Cancellation Fee. After requesting Return Services, you may cancel your Order through the Site(s), but in all cases a cancellation fee will apply. The cancellation fee will also be charged if You are not present (and/or the Item is not available) at the selected Item pickup time. Cancellation fees will be passed in their entirety to the Runner who accepted Your Order.
- Damage Fee. You are responsible for assuring that all Items to be returned are safely and securely packaged for transport. If a Runner reports that Items (e.g. liquids) have materially damaged the Runner's vehicle due to packaging or other issues with the Item, you will be charged, and You agree to pay, a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by ReturnRunners in its sole discretion), towards vehicle repair or cleaning. ReturnRunners reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee. Collected Damage Fees will be passed in their entirety to the Runner whose car was damaged.
- Service Disputes between a Customer and a Runner - The ReturnRunners service is a neutral platform that facilitates engagements directly between Customers and Runners. Any dispute that may arise between a Customer and a Runner relating to the performance of Return Services, including but not limited to any dispute related to the time, place, and manner of return, is between the Customer and the applicable Runner. ReturnRunners is not responsible for the replacement or repair of any Customer personal property that may be damaged by a Runner while performing the Services. Customers are asked to please report any suspected illegal, inappropriate or unethical behavior by a Runner during the performance of any Return Services to: email@example.com.
III. User Responsibilities and Commitments
Snapshot: This is pretty simple: Please use the Site(s) as they ae intended to be used, and do not use the Site(s) in other ways. If you have questions, please contact us.
- General Rules of Conduct that Apply to Your Use of the Site(s)
As a precondition to Your use of the Site(s) and the ReturnRunners platform, You promise that You: (a) will not use the Site(s) for any purpose that is prohibited by these Terms; (b) will use the Site(s) in a manner that complies with all laws and export restrictions; (c) will use the Site(s) only as they are designed and intended to be used (and if You have any questions about Our intentions with regard to the Site(s), You agree to contact Us for clarification, and that clarification will be definitive). You agree that We have the right to cancel or refuse service to You at any time due to any conduct on Your part that We deem to be inappropriate in any way and/or for any breach of any of the Terms.
In addition, You specifically agree that You will not:
- Use the Site(s), or any information gained from the Site(s), to generate or facilitate unsolicited commercial email or other messages to the Site(s)’ users or other third parties; use manual or automated software, devices, or other processes to “crawl” or otherwise harvest information from any page of the Site(s); or operate any form of auto-responder on or in connection with the Site(s);
- Transmit, upload, distribute, or disseminate any unlawful, defamatory, harassing, abusive, offensive, fraudulent, infringing, obscene, or otherwise objectionable (as determined in Our sole discretion) User Content in any way;
- Intentionally distribute viruses, worms, Trojan horses, or any other malicious code or items of a destructive, deceptive, or invasive nature;
- Use the Site(s) in connection with peer-to-peer file sharing, pyramid schemes, or any other illegal activity;
- Transmit, upload, distribute, or disseminate User Content that may be harmful or offensive to, or inappropriate for, minors (as determined in Our sole discretion);
- Transmit, upload, distribute, or disseminate User Content that includes any protected healthcare information applicable to You or any third party;
- Impersonate another person or company, or otherwise misrepresent yourself or Your company/entity in any way;
- Upload, transmit, or otherwise use a third party’s intellectual property or other proprietary information in or on the Site(s) without the express permission from the appropriate third party (owner, licensor, etc.);
- Use the Site(s) to violate the privacy, publicity, or similar legal rights of others and/or use the Site(s) to harass, defame, libel, or otherwise harm others;
- Interfere with other users’ enjoyment of the Site(s);
- Link to, copy information from, resell, or otherwise exploit the Site(s) or any of Our or any third party’s content for any unauthorized purpose, commercial or otherwise;
- Attempt to gain unauthorized access to the Site(s) (or any part of the Site(s) to which access is restricted or limited in any way) and/or take any action to subvert security or access-restriction measures that are incorporated into the Site(s);
- Remove, circumvent, disable, damage, or otherwise interfere with any of a Site(s)’ features that prevent or restrict use or copying of any content accessible through the Site(s);
- Attempt to gain unauthorized access to other accounts, Site(s) computer systems, networks or services used by or connected to the Site(s), or any part of them, through hacking, password mining, or any other means; or otherwise interfere or attempt to interfere with the proper working of the Site(s);
- Directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site(s), except to the limited extent applicable laws may specifically prohibit or limit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Site(s); or (iii) copy, rent, lease, distribute, or otherwise transfer or misappropriate any of Our Content, third-party content, intellectual property rights, or features of the Site(s);
- Remove or modify any of Our logos or any copyright, trademark, or other proprietary rights notices contained in or on the Site(s);
- Use the Site(s) in a manner that violates these Terms or any other terms and conditions set by Us on the Site(s);
- Use the resources of the Site(s) in excess of any assigned or agreed-on quotas or use limitations; and/or
- Use the Site(s) to advertise or promote Your or any third party’s website, business, or other matters (unless specifically authorized to do so).
- Additional Rules of Conduct - Posting of User Content\
Snapshot: This is also pretty simple: If you post any content (text, pictures, etc.) on the Site(s), please only post your original content. If You do post content, You agree that we may use it for Site purposes.
A. Submission of User Content: The Site(s) may provide You and others with the ability to add, create, upload, submit, and/or post various kinds of User Content to the Site(s). In connection with such User Content, and in addition to the other obligations set forth in these Terms, You agree not to (and will not permit any third party to) upload, download, transmit, post, submit, or otherwise disseminate or facilitate the dissemination of any User Content that:
- infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contractual duty
- includes Your personal healthcare information, or the personal healthcare information of any third party;
- is false, misleading, untruthful, or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
- impersonates any person or entity, including but not limited to any employee or representative of Ours; or
- is in any other way (in Our sole discretion) detrimental to the best interests of Our company, the Site(s), Site users, or the public.
B. We do not guarantee that any User Content will be made available on the Site(s), or that User Content will be retained on the Site(s). We do not (and have no obligation to) monitor the Site(s) or any User Content submitted to the Site(s) by You or any content of any kind submitted by other users of the Site(s). We have no obligation to You to store User Content, and We will not be liable in any way to You or any other user of the Site(s) for lost User Content or lost third-party content, or loss of other data of any kind.
C. We reserve the right to remove, edit, or modify any User Content or other materials on the Site(s) at any time, temporarily or permanently, without notice to You or other users, for any reason in Our sole discretion (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content, or if We are concerned that You may have violated these Terms).
- Your Rights/Obligations with Regard to User Content You Submit to the Site(s)
- You are Publishing the Content: By submitting User Content to the Site(s), You acknowledge that You are publishing that User Content, and also that You may be identified publicly by Your site ID or other account information in association with any such User Content.
- We Do Not Own User Content: Except for the licensed use of User Content as expressly provided in these Terms, We acknowledge and agree that We obtain no right, title, or interest from You (or anyone else) under these Terms in or to any User Content that You create, submit, post, transmit, or display on or through the Site(s), including any intellectual property rights in that User Content. You are solely responsible for protecting and enforcing Your rights in such User Content, and We will have no obligation to do so on Your behalf.
- Your License to Us: By submitting any User Content to the Site(s), You hereby grant Us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit such User Content in connection with the Site(s) and Our (and Our successors and assigns’) business, including, but not limited to, for promoting and redistributing part or all of the Site(s) (and derivative works thereof) in any media formats and through any media channels (including, but not limited to, third-party website(s)).
- Your License to Other Users: By submitting User Content to the Site(s), You also hereby grant each other user of the Site(s) a non-exclusive license to access Your User Content through the Site(s), solely to view such User Content while such party is using the Site(s).
- Your Representations and Warranties Regarding Your Content: By submitting User Content to the Site(s), You hereby agree, represent, and warrant that You can demonstrate to Our full satisfaction upon request that: (i) You own or otherwise control all necessary rights to all of the materials in the User Content, or that the contents of such User Content is in the public domain; (ii) You have the full authority to act on behalf of any and all owners of any right, title, or interest in and to any and all materials in Your User Content to use such User Content as contemplated by these Terms and to grant the license rights set forth above; (iii) You have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms; (iv) You will pay all royalties and other amounts owed to any person or entity due to Your submission of any User Content; and (v) the licenses granted by You in previous sections of these Terms will not infringe or violate the rights of any third party.
- Copyright Infringement
- Registration Information: You agree and warrant that the registration information that You provide to Us at registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. You agree to accept responsibility for all activities that occur under Your account. When You register, You will be asked to create a password. You are solely responsible for maintaining the confidentiality of Your account information and Your password, and for restricting access to Your computer and other equipment.
- You may not, and may not allow any third party to, buy or sell usernames or registered accounts.
- You agree that We may reclaim usernames and/or registered accounts on behalf of businesses or individuals that hold legal claim or trademark to those usernames. You agree that We can cancel any username that is offensive or inappropriate in any way, in Our discretion.
- You may not, and may not allow any third party to, hold inactive user account(s). Accounts that are inactive for more than six months may be terminated at Our discretion and without further notice.
- We may freeze or terminate Your registration and Your access to all or any part(s) of the Site(s) at any time, with or without notice, and with immediate effect, in the event of any breach by You of any of the Terms or if We believe such action(s) by Us are in the best interests of the Site(s) or the public, as determined in Our sole discretion. Such action may result in the forfeiture and destruction of all information associated with Your registration and/or Your account.
- In the event of any termination of any kind, all fees paid prior to such termination are non-refundable.
- You may terminate Your account at any time by following the instructions on the Site(s). You may terminate these Terms at any time by canceling Your registration on the Site(s) and discontinuing Your use of the Site(s). However, all provisions of these Terms which by their nature should survive termination, shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. If You have any questions about this section or need help administering Your account, please contact Us at the contact information provided in these Terms.
- Payments and Service Charges
- Your Agreement regarding Payment Processing: If You use a credit card (and/or a non-credit card based payment method (e.g. PayPal), if allowed by the Site) to make a payment on the Site, You understand and agree that We (and/or Our third-party service provider, as applicable) may process charges for the transactions initiated by You in accordance with the fees and rates set forth on the Site.
- Additional Obligations/Restrictions:
- You will indemnify, defend, and hold Us harmless from: (i) any breach by You of any credit or debit card processing and/or issuing agreement, and/or any violation of applicable law by You; and/or (ii) any breach by You of any agreement with an alternative payment service provider (e.g. PayPal).
- You may not share accounts, and may not create multiple user accounts or multiple user connections to the Site(s), in order to evade an obligation to pay service fees or other charges.
- For all purchased resources and services, We will charge You in the manner and/or amounts indicated on the Site(s). If for any reason Your payments are late, such payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) until paid. All charges are exclusive of taxes. If Your payments are late, We reserve the right to suspend or cancel Your transactions and related Site(s) privileges.
- You are responsible for paying all taxes and government charges applicable to payments You make in conjunction with the Site(s). You are responsible for paying reasonable expenses and attorney’s fees that We incur collecting late payments from You. To the fullest extent permitted by law, and notwithstanding anything to the contrary in these Terms, You waive all claims relating to Site-related charges unless claimed within 60 days after the due date of the charge (this does not affect Your credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at Our discretion and will be provided only in the form of credit for the Site(s) unless otherwise agreed, in Our discretion. Nothing in these Terms obligates Us to extend credit to any party.
- You acknowledge and agree that any credit card information, other payment service information, and/or related billing and payment information that You provide may be shared by Us with third-party service providers such as payment processors and/or credit agencies, solely for the purposes of checking credit, processing payments, and otherwise servicing Your account. You agree that We may convey such information as We have access to in response to valid legal process (such as subpoenas and court orders), or to establish or exercise Our legal rights. We will not be liable for any use or disclosure of such information by such third parties.
- General: You may not use the Site(s) if You have been barred from doing so by Us, or are otherwise barred from using the Site(s) under the laws (including treaties) of the United States or of any other nation or jurisdiction.
- Companies and Other Corporate Entities: If You are registering or using an account on behalf of a company, entity, or organization (a “Corporate Entity”), then You represent and warrant that You are an authorized representative of that Corporate Entity with the authority to bind such organization to these Terms; and You agree to be bound by these Terms on behalf of such Corporate Entity.
- Geographic Limits: Access to and use of the Site(s) is limited to the United States. Accessing the Site(s) is prohibited from territories where the Site(s) is illegal. If You access the Service from locations outside of the United States, You do so at Your own initiative and risk and are responsible for all aspects of compliance with applicable local laws.
- Individuals: The Site(s) is available for use only by individuals who are at least 18 years old. By accessing the Site(s), You represent and warrant (if You are an individual) that You are 18 years old and of legal age to form a binding contract, and that all of the registration and payment information that You submit (if any) is accurate, current and truthful.
- You Agree that We Have the Right to Suspend, Refuse, Cancel, Modify, or Limit Use of the Site(s):
- Passwords, Security
- Links and Third-Party Service Partners
- Links. The Site(s) may contain links to third-party website(s) or resources on the Internet, and in addition, third-party website(s) may contain links to this Site (hereafter, “Linked Site(s)”). When You access Linked Site(s), You do so at Your own risk. Linked Site(s) are not under Our control, We have no obligation to monitor Linked Site(s), and You acknowledge and agree that We are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such Linked Site(s) or resources. The inclusion of any link to a third-party website on the Site does not imply any endorsement of that website by Us or any association with its operators. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any harm, damage, or loss caused, or alleged to be caused, by or in connection with the use of or reliance on any content, goods, or services available on or through any such Linked Site or resource. YOUR ACCESS AND USE OF LINKED SITE(S) AND THIRD-PARTY RESOURCES IN GENERAL IS SOLELY AT YOUR OWN RISK.
- Feedback and Future Development
- If You provide Us with any suggestions or feedback (including, but not limited to, suggestions for improvements to the Site(s), (hereafter “Feedback”), You hereby grant Us a fully-paid, royalty-free, perpetual, irrevocable, nonexclusive license to use and/or exploit such Feedback in any way, including, but not limited to, by incorporating such Feedback into the Site(s).
IV. Specific Terms and Conditions for Runners
Snapshot: These are special terms that apply to the Return Services provided by Runners. If You are a Runner, You may be required to sign an additional agreement as well.
- Additional Terms and Conditions for Runners
By registering as a Runner with the ReturnRunners service via a Site(s), You hereby represent and agree as follows:
- You agree that, at all times when you are performing Return Services, You will be an independent contractor. You agree that you are not an employee of ReturnRunners.
- You possess a valid driver’s license, You are authorized and medically fit to operate a motor vehicle, and You have all appropriate licenses, approvals and authority to provide transportation of goods in all jurisdictions in which You will provide Return Services.
- You own, or have the legal right to operate, the vehicle You will use when providing Return 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.
- You will not engage in reckless or negligent behavior while driving, drive unsafely, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a Runner while under the influence of alcohol or drugs, or take any action that harms or threatens to harm the safety of the ReturnRunners customers, community or third parties.
- You will only provide Return Services using the vehicle that has been reported to, and approved by ReturnRunners, and for which a photograph has been provided to ReturnRunners.
- You will not make any misrepresentation regarding ReturnRunners, the ReturnRunners platform, the Return Services or your status as a Runner.
- You will not, while providing the Return Services, operate as a public carrier or taxi service, accept street hails, conduct business for other driver-oriented companies (e.g. Uber, Lyft, etc.) charge for rides (except as expressly provided in these Terms), demand that a customer pay Service Fees in cash, or use a credit card reader (such as a Square Reader) to accept payment of Service Fees, or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
- You will not seek to collect Service Fees directly from Customers (and you must comply with ReturnRunners’ policies regarding tips). You will not attempt to defraud ReturnRunners or Customers on the ReturnRunners platform or in connection with your provision of Return Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable fees or payments for the return request(s) in question.
- You expressly agree that we may obtain background 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.
- You have and will maintain at all times a valid policy of automobile 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.
- You will pay all applicable federal, state and local taxes based on your provision of Return Services and any payments received by you.
- You have medical coverage to protect You in case of an accident; and You specifically waive any right to compensation or reimbursement from Us for any costs, damages or fees related to property damage or personal injury you may sustain in conjunction with your provision of any Return Services.
- You are responsible for all damage to and/or loss of Customers’ property while you are providing the Return Services.
- You recognize and agree that We may terminate Your authorization as a Runner any time, and for any reason.
- You will notify Us immediately if You witness or experience any suspected illegal, inappropriate or unethical behavior by a Customer or third party during the performance of any Return Services.
- Limited IP License Granted by ReturnRunners to Runners
Subject to your compliance with these Terms and with the terms of any other documentation required by ReturnRunners, We grant to You, during the term of Your authorization as a Runner a limited, revocable, non-exclusive license to display and use the ReturnRunners service marks solely in connection with providing the Return Services (“Runner’s License”). The Runner’s 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 ReturnRunners’ prior written permission, which it may withhold in its sole discretion.
V. Our Rights, Responsibilities and Commitments
- Notices, Contact Information
- Notice to Us: You can contact Us via the following contact information:
A P.F. Greylock, LLC company
222 W Merchandise Mart Plaza, Suite 1212
Chicago, IL 60654
- Notice to You:
- If You provide Us with contact information (e.g. if You have registered with the Site(s)), You consent to receive reasonable communications from Us electronically. Such communications may include, but will not be limited to, general notices, notice of changes to these Terms, legally required disclosures, or other information in connection with the Site(s) (collectively, “Service Notices”). Such notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
- We may also provide electronic Service Notices by posting them on the Site(s), and You consent to such notice. You also agree that all notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. If You desire to withdraw Your consent to receive Service Notices electronically, You must discontinue Your use of the Site(s).
- Notice to Us: You can contact Us via the following contact information:
- We Retain Ownership of the Site(s), Our Property, and Our Content
- We Grant You Limited License to Use the Site(s) (for Site Use)
- Warranties and Representations by Us
Snapshot: Due to the limited nature of the services and platform provided by ReturnRunners, We make the Site(s) available with limited warranties, etc. The Site(s) and the services are provided “as-is”; if You do not find the terms/features/functionality (etc.) to be satisfactory, please do not use the Site(s).
We make the Site(s) available to You – and to the public in general – on a limited basis. We do not assume, and You agree that We do not have, a special relationship or fiduciary duty to You. We have no control over, and We assume no duty to take any action regarding: (i) which individuals, companies, or other entities gain access to or use the Site(s); (ii) the content that You may access or view via the Site(s); (iii) the effects that that content may have on You; (iv) how You or other individuals may interpret or use the content; or (v) the actions You or other individuals or entities may take as a result of having been exposed to the content. The Site(s) may contain, or may contain links to Linked Site(s) or other website(s) that contain content or materials that some people may find offensive or inappropriate. We make no representations concerning any User Content or third-party materials of any kind contained in or accessed through the Site(s), and You agree that We will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of User Content or other third-party materials contained in or accessed through the Site(s).
THE SITE(S) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE AND SITE(S) WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS CAN OR WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE(S) ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND/OR (D) THE RESULTS OF USING THE SITE(S) WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. YOUR USE OF THE SITE(S) IS SOLELY AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE FOR LOSS OF ANY OF YOUR USER CONTENT OR DATA, AND/OR FOR THE LOSS OF ANY THIRD-PARTY CONTENT OR DATA. SOME STATES MAY NOT ALLOW LIMITATIONS ON CERTAIN WARRANTIES OR ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR MAY BE LIMITED BY ACTION OF LAW. IN SUCH EVENT, YOU AGREE THAT OUR LIABILITY WILL BE THE LOWEST LIABILITY ALLOWABLE UNDER APPLICABLE LAW.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE(S) OR ANY WEBSITE LINKED TO THE SITE(S). We will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other User Content stored on Our equipment, transmitted over networks accessed by the Site(s), or otherwise connected with Your use of the Site(s).
VI. Liability, Indemnification, Other Legal Terms
Snapshot: Again, due to the limited nature of the services and platform provided by ReturnRunners, We require You to accept responsibility for any liability You may create (V.1), We limit Our liability to You (V.2 – V.4), and We specify how disputes (etc.) must be resolved.
As stated above: If You do not find these terms to be satisfactory, please do not use the Site(s).
- Indemnification by You
- Waiver, Release
- Limitation of Liability
- Statute of Limitations
- Dispute Resolution, Arbitration
- Jurisdiction; Venue
- Integration and Severability
- Additional (General) Legal Terms
- Notice for California Users
- Notice Regarding Apple, Inc. Rights
You acknowledge and agree that Apple, Inc. ("Apple") and its subsidiaries are third-party beneficiaries of this Agreement and further that (a) upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party; (b) this Agreement is conducted between you and Dolly only, and not Apple; (c) Dolly, and not Apple, is solely responsible for the Software and the content thereof; (d) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software; (e) to the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect to the Software; and Dolly, and not Apple, will be responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Software to conform to any applicable warranty; (f) in the event of any third party claim that the Software or your possession and use of that Software infringes that third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (g) Apple will not be responsible for addressing any of your claims or any third party claims relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation
VII. Defined Terms
- The “Site(s)” include Our mobile “ReturnRunners” applications, Our website located at returnrunners.com and any and all associated website(s), webpages, blogs, social media pages, and/or third-party services that We maintain and use in conjunction with such applications and Site(s).
- The terms “We,” “Us,” “Our,” “Ours” and equivalent terms, and “ReturnRunners,” refer to P. F. Greylock, LLC, d/b/a ReturnRunners, and all of such entity’s employees, officers, directors and agents.
- The terms “You,” “Your,” “Yours,” and equivalent terms refer in each case to the individual (whether acting either individually or representing a corporate entity) who accesses or uses the Site(s) or any of the features of the Site(s), as a Customer, Runner or otherwise, and has thereby accepted these Terms.
- The term “User Content” shall refer to any and all user-generated materials or content of any kind that You post on and/or submit to the Site(s). Content shall include, but not be limited to, text, comments, posts, images, videos, audio files, links, data, code, graphics, and other forms of media and content.
- “Our Content” refers to content and/or proprietary materials that are created and/or owned by Us or Our partners. Our Content includes all of the materials that constitute, are incorporated into, and/or made available to You on the Site(s), including all graphic elements, design elements, text, business processes, pictures, videos, code and configuration information, and all other Site-related materials (including policies).