Welcome to www.returso.com (the " Site "), a website operated by Returso. (" Returso ", " we ", " us " or " our "). We provide software and analytics services to help users understand complex financial questions and make more informed decisions (the "Services"). In addition, we integrate our Services with certain mobile applications that may be provided by us or by third parties (each an " Application " and collectively, the " Applications ").) These Terms of Service (“Terms” or “Agreement”) govern your use of our Services, whether accessed through the Site or through an Application. In addition, the use of our Services through an Application is subject to additional guidelines, terms or rules, which will be posted on the Site, the Application and in the Google Play or Apple Store in connection with the Application ("Supplemental Terms"). . All Supplemental Terms are incorporated by reference into these Terms. The Terms of Use and Privacy Policy for any use of the Services accessed through an Application are available here.
By accessing or using the Services (whether through an Application or the Site), you agree to these Terms (on behalf of yourself or the entity you represent) and you represent and warrant that you have the authority and capacity to enter into these Terms. Terms. (on his own behalf or on behalf of the entity he represents). You may not access the Services if you are not at least 18 years of age. If you do not agree to all provisions of these Terms, do not access or use the Site, any Apps or the Services.
1. SMART ASSETS CONTENT. The materials, information and content made available or displayed on the Site or in any Application or sent to you through the Services, and any derivative works thereof, whether by us or by you , (collectively, " Contentinformation and restrictions contained in or attached to any of the Content, and you must comply with the above notices and restrictions. To request certain Content, you may be required to provide us with your contact information, including your email address. We may, in our sole discretion, send you such Content in a format that we determine in our sole discretion. You agree to provide us with only true, accurate, current, and complete information in any such application. We reserve the right to reject your request and to refuse to send you our Content. We are not responsible for ensuring and we disclaim any liability for your ability to open, use or view the Content we send you pursuant to your request. As between you and us, we retain all rights, title to and interest in and to the Content and all related intellectual property rights. We reserve all rights not granted in these Terms. You will notify us immediately in the event of loss or unauthorized disclosure of any Content. Upon our written request, or your termination of these Terms, you must immediately remove or destroy all documents and other tangible materials representing any Content and all copies thereof. Different partners can use the functionality of their own application (“ or your termination of these Terms, you must immediately remove or destroy all documents and other tangible materials representing any Content and all copies thereof. Different partners can use the functionality of their own application (“ or your termination of these Terms, you must immediately remove or destroy all documents and other tangible materials representing any Content and all copies thereof. Different partners can use the functionality of their own application (“Third Party Application ”) to provide the Content to you. You agree that the entity providing that particular Application is solely responsible for the Third Party Application and not for Return, and that you will only turn to that entity to resolve any dispute related to your use of that Third Party Application, including any use of our content. All offers, images, information, questions, comments, statements and other content provided by the Third Party Application (" Partner Content") are owned by the entity providing such Partner Content. You agree that the provider of any Partner Content is solely responsible for such Partner Content and that you may be exposed to Partner Content that is offensive, indecent or objectionable to you, including questions related to political activities with which you disagree.
2. PROPERTY.You understand and acknowledge that the proprietary software, code, methods and systems used to provide the Site, Applications or Services (including through any Application) ("Our Technology") are: (i) copyrighted from us and/or our licensors under United States and international copyright laws; (ii) subject to other proprietary and intellectual property laws and rights; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must comply with all copyright notices, the information and restrictions contained in or attached to any of Our technology. Nothing in the Agreement gives you any right to receive a copy of Our Technology or to obtain access to Our Technology, except as generally and ordinarily permitted through the Site in accordance with the Agreement. Furthermore, nothing in the Agreement shall be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Some of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, trade names, service marks, or logos (" except as generally and ordinarily permitted through the Site in accordance with the Agreement. Furthermore, nothing in the Agreement shall be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Some of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, trade names, service marks, or logos (" except as generally and ordinarily permitted through the Site in accordance with the Agreement. Furthermore, nothing in the Agreement shall be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Some of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, trade names, service marks, or logos ("Marks ") of Returso or other entities. You are not authorized to use such Marks. Ownership of all such Marks and the goodwill associated with them remains with us or those other entities. Any use of third party software provided in connection with the Site, Applications or Services shall be governed by the licenses of such third parties and not by the Agreement.
3. GENERAL RULES OF USER CONDUCT. Our goal is to make access to our Site, Applications and Services a good experience for all of our users. You agree and represent and warrant that you will not reproduce, duplicate, copy, sell, resell or exploit any part of the Site, Applications or Services, use of the Site, Applications or Services or access to the Site. , Applications or Services for purposes other than those for which the Site, Applications or Services are provided to you, or do any of the following:
- Carry out or promote any illegal activity while using the Site, Applications or Services;
- Upload, distribute or print anything that may be harmful to minors;
- Violate the rights of any third party, including intellectual property rights;
- Attempt to reverse engineer or compromise the proper working of the Site, or attempt to derive the source code of the software (including tools, methods, processes, and infrastructure) that enables or underlies the Site;
- Attempt to gain access to secure portions of the Site, Apps or Services to which you do not have access rights;
- Upload or transmit any form of virus, worm, Trojan horse or other malicious code;
- Use the Site, Applications or Services to generate unsolicited email or spam;
- Using the Site, Applications or Services to stalk, harass or harm another person;
- Use any high-volume automatic, electronic, or manual process to access, search, or collect information from the Site, Applications, or Services (including, without limitation, robots, spiders, or scripts);
- Interfere in any way with the proper working of the Site, Applications and Services or interfere with or disrupt any server or network connected to the Site, Applications or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site , Applications or Services;
- Use any robot, spider, other automatic device or manual process to extract, "screen save", monitor, "mine" or copy any static or dynamic web page on the Site or the Content included on such web page for commercial use. without our prior express written permission;
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; o Duplicate or frame the Site or any Content, place pop-up windows on its pages or otherwise affect the display of its pages.
You may be able to post your ideas, comments or content on the Site, including a reply to one of our blogs. By doing so, you represent and warrant that you will not post or use any content that:
- Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
- Violates the privacy, publicity or other rights of third parties or any other law, statute, ordinance or regulation;
- is untrue or inaccurate or becomes untrue or inaccurate at any time;
- Is discriminatory, illegal, tortuous, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole criterion. ;
- misrepresents the source of the Content;
- Disclose or provide information protected by any law, agreement or fiduciary relationship, including, but not limited to, proprietary or confidential information of others, material or privileged information, non-public information;
- Misrepresents your identity in any way;
- Contains viruses, Trojan horses, spyware, malware, worms, time bombs, cancelbots or other disabling devices or other harmful components intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Advocates or encourages any illegal activity; either
- It has the potential to create liability for us or cause us to violate the requirements or lose the services, in whole or in part, of our Internet service providers or other providers.
4. PAYMENT TERMS. If you purchase any Services through the Site, you agree to pay the fees set forth at checkout. We use a third party (" Payment Provider”) to process payments. You must provide our Payment Provider with a valid credit card (Visa, MasterCard or any other issuer accepted by us) as a condition of such transactions. The Payment Provider's policies govern the processing of your payment, and you should refer to those policies and not these Terms to determine your rights and responsibilities. By providing your credit card number and associated payment information through the Site and Service, you authorize us through our Payment Provider to promptly invoice you for all fees and charges due and payable to us hereunder, and you agree that no further notice or consent is required. . We reserve the right to change our payment terms at any time,
5. TAXES.Service fees are net of any applicable sales tax. If fares are subject to sales tax in any jurisdiction, you will be responsible for payment of such sales tax and any related penalties or interest, and you will indemnify us for any liability or expense we may incur in connection with such sales tax. For purposes of these Terms, "Sales Tax" shall mean any sales or use tax, and any other tax measured by sales revenue, that we are permitted to pass on to you that is (a) the equivalent functional of a sales tax and (b) the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
6. DO NOT BE OFFENDED. While we strive to enforce the above rules, you may be exposed through the Site to Content that violates our policies or is offensive. You access the Site at your own risk. We may, but are not required to, remove Content from the Site for any reason, including if we determine or suspect that such Content violates these Terms of Use.
7. MODIFICATIONS TO THE CONDITIONS.We may change the terms of the Agreement from time to time in the future. We will notify you of such material changes by posting a notice of the changes on the Site and/or, in our sole discretion, by email. Any such modifications will be effective upon the earlier of: (i) your acknowledgment of such modifications; or (ii) your continued access and/or use of the Site, Apps or Services after we post notice of such changes. It is your sole responsibility to check the Site from time to time for any such changes to the terms of the Terms of Service. If you do not agree to the changes, as long as such changes are made to the Terms of Service, you must stop accessing the Site and using the Services.
8. MODIFICATIONS TO THE SITE, APPLICATIONS OR SERVICES.We reserve the right to modify or discontinue the Site, Applications or Services with or without notice. We will not be liable to you or any third party if we exercise our right to modify or discontinue the Site and/or the Services. If you object to any such changes, your sole recourse is to stop accessing the Site, Applications or Services. Continued access to the Site. Applications or Services following notification of such changes will indicate your acknowledgment of such changes and satisfaction with the changed Site, Applications or Services. You agree that we may immediately terminate your access to the Site, Applications and Services at any time, for any reason, in our sole discretion.
9. FEEDBACK. In the event that you provide us with ideas, thoughts, criticism, suggested improvements, or other feedback relating to Return, the Site, or the Services (collectively " Feedback"), you agree that we may use Feedback to modify our products and services and that no compensation will be due to you, including any royalties related to the product or service incorporating your Feedback. You grant us a worldwide, royalty-free license. fully paid, perpetual and irrevocable to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and exploit the Feedback in any form, media or technology, now known or developed in the future, and to enable others to do the same.This is true whether you provide Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
10. PRIVACY. We know that your privacy is important. For this reason, we have created a privacy policy that describes our collection, use, and disclosure practices with respect to any personal information you provide to us. The security of your personal information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the security of your personal information. However, you understand and agree that such steps do not guarantee that the Site and Services are invulnerable to all security breaches or immune to viruses, security threats, or other vulnerabilities.
11. DISCLAIMER OF WARRANTIES.YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, APP AND/OR SERVICES IS AT YOUR SOLE RISK. THE CONTENT, SITE, APPLICATIONS AND SERVICES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF INTEGRATION OF DATA AND SYSTEMS. WE DO NOT WARRANT THAT THE CONTENT, THE SITE AND/OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE AND/OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; WE ALSO MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT, SITE, APPLICATIONS, OR SERVICES, OR THAT DEFECTS IN THE SITE, APPLICATIONS, OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY CONTENT OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, APPLICATIONS OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO CONTENT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, SERVICES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT. OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO CONTENT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, SERVICES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT. OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. ANY CONTENT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE, THE APPLICATIONS,
12. SCOPE OF SERVICES. returso.com provides a wide range of information and services that are educational in nature ("General Content") and a "Find an Advisor" service provided by Returso Advisors, LLC, an SEC registered investment adviser.
Regarding the General Content: returso.comIT IS NOT INTENDED TO PROVIDE LEGAL ADVICE, TAX ADVICE OR FINANCIAL ADVICE (OTHER THAN REFERRALS TO INVESTMENT ADVISORS OR REPRESENTATIVES OF INVESTMENT ADVISORS). Returso IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended solely to help you understand financial organization and decision making and is broad in scope. Your personal financial situation is unique, and any information and investment strategies obtained through returso.com may not be appropriate for your situation. Accordingly, before making any final decision or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances. We will say this: We do not expect you to pay us a portion of your earnings when we place you in a good investment. LIKEWISE, WE ARE NOT LIABLE FOR ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON INFORMATION RECEIVED TO YOU THROUGH THE SITE, APPLICATIONS OR SERVICES AND SPECIFICALLY ARE NOT LIABLE FOR ANY LOSSES YOU SUFFER AS A RESULT OF SUCH ACTION. OR LACK OF ACTION. The Site, Applications and Services are provided as a convenience to you and are not intended to replace any other decision-making method or tool you use and should not be used to provide financial services to third parties such as customers or consumers. APPLICATIONS OR SERVICES AND SPECIFICALLY ARE NOT LIABLE FOR ANY LOSSES YOU SUFFER AS A RESULT OF SUCH ACTION OR LACK OF ACTION. The place, the Applications and Services are provided as a convenience to you and are not intended to replace any other decision-making method or tool you use and should not be used to provide financial services to third parties such as customers or consumers. APPLICATIONS OR SERVICES AND SPECIFICALLY ARE NOT LIABLE FOR ANY LOSSES YOU SUFFER AS A RESULT OF SUCH ACTION OR LACK OF ACTION. The Site, Applications and Services are provided as a convenience to you and are not intended to replace any other decision-making method or tool you use and should not be used to provide financial services to third parties such as customers or consumers.
Regarding the “Find an Advisor” service: Return Services are limited to referring users to third-party Registered Investment Advisors and/or Investment Advisor Representatives (“RIA/IAR”) who have opted-in to our matchmaking platform based on information collected from users through our online questionnaire. Return does not review the ongoing performance of any RIA/IAR, is not involved in the management of any user's account by a RIA/IAR, or provide specific investment advice. RIAs/IARs are related to users based on (1) geographic location; (2) amount of investable assets; and (3) whether both the RIA/IAR and the user are willing to work remotely. Our proprietary algorithm also considers the remaining available budget of the RIAs/IARs and therefore RIAs/IARs that bought the most leads are more likely to appear in a user's matches. Additional factors may be included in our proprietary comparison process in the future. Important information about our services and associated conflicts of interest is available in our Form ADV Part 2A brochure, available athttps://adviserinfo.sec.gov/firm/summary/307375 . Users should review our brochure before using our Find an Advisor service. Use of the Find an Advisor service constitutes consent to these limitations on the scope of our services.
13. LIMITATION OF LIABILITY.YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND APPLICATIONS AND PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS ON OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, , BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT LIMITING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS OR INABILITY TO USE OR ACCESS THE SITE, APPLICATIONS OR SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY USER OF THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, THE APPLICATIONS OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE, THE APPLICATIONS AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SITE, APPLICATIONS OR SERVICES IS LIMITED, IN THE AGGREGATE, TO TO ONE HUNDRED DOLLARS (US $ 100.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we cannot, under applicable law, disclaim any implied warranty or limit liability, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted by such applicable law. Some of the above limitations and disclaimers may not apply to you. To the extent that we cannot, under applicable law, disclaim any implied warranty or limit liability, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted by such applicable law. Some of the above limitations and disclaimers may not apply to you. To the extent that we cannot, under applicable law, disclaim any implied warranty or limit liability, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted by such applicable law.
LIMITATION OF LIABILITY: FINDING AN ADVISOR: Notwithstanding the foregoing, we do not disclaim any liability in connection with the provision of services that cannot be exempted under the Investment Advisers Act of 1940, as amended. Accordingly, the limitations of this Section 13 do not apply to our user referrals to RIA/IAR pursuant to our Find an Advisor service.
14. INDEMNITY.You agree to indemnify, defend and hold harmless Returso, our parent, subsidiaries, affiliates, officers, directors, co-brands and other partners, employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses , fees (including reasonable attorneys' fees and court costs) such parties may incur as a result of or arising out of: (i) your use of the Content, the Site or the Services; (ii) your violation of the Agreement, (iii) your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, cancelbots, or other similar harmful or disruptive programming routines entered by you into the Site, Applications, or Services.
15. THIRD PARTY CONTENT AND OTHER WEBSITES.Content from advertisers and other third parties may be made available to you through the Site, the APPLICATION AND/OR THE SERVICES. Because WE do NOT control such content, you agree that WE ARE NOT responsible for such content. WE MAKE NO WARRANTY about the accuracy, currency, adequacy, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or illegal content made available by other users, advertisers, and others. THIRD PARTIES OR VIOLATION OF ANY THIRD PARTY RIGHTS RELATED TO SUCH CONTENT. The Site, Applications and Services may contain links to websites that are not operated by us. We are not responsible for the content, products, the materials or practices (including privacy practices) of such websites. You understand that by using the Site and/or the Services you may be exposed to third party websites that you find offensive, indecent or otherwise objectionable. We do not warrant, represent, endorse, or warrant the quality, content, nature, or reliability of any third-party websites, products, or services that may be hyperlinked OR OTHERWISE ACCESSIBLE from the Site, Applications, or the Services, and we do not accept any responsibility for these. We provide these links for your convenience only and do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Site, Applications and Services may contain links to websites WHICH ARE OPERATED BY US BUT OPERATE UNDER DIFFERENT TERMS OF SERVICE. It is your responsibility to review the privacy policies and Terms of Service of any other website you visit. You agree that in no event will we be liable to you in connection with any third party website, content, products, materials or practices.
16. ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURE CONSENT. We can only provide you with the benefits of our Services when conducting business over the Internet and therefore require your consent for us to provide Communications to you electronically. We may also need to provide you with certain communications and disclosures in writing. Your acceptance of these electronic communications and electronic signature consent confirms your ability and consent to receive all terms and conditions, agreements, notices, documents, disclosures and other communications ("Communications") electronically from us.
You hereby: (i) agree to receive our Communications electronically, including by making them available on the Site or by email, including a link provided in an email; and (ii) you agree that the Communications we provide to you electronically satisfy any legal requirement that such Communications would comply if they were made in writing and (iii) you understand that you are responsible for any costs associated with accessing electronic documents, such as Internet service. . rates, telephone charges and printing costs.
To access and retain the Communications, you will need the following:
- A computer or mobile device with an Internet connection;
- A recent version of an Internet browser;
- A current version of a program that accurately reads and displays PDF files (such as Adobe Acrobat Reader);
- Sufficient storage space to store Communications or a printer to print them; Y
- Access to an active email address.
You have the right to receive Paper Communications. To request a paper copy of any Communication free of charge, write to Returso, Attn: Legal, 122 East 42nd Street, Suite 4300, New York, NY 10168, USA specifying in detail the Communication you would like to receive. Request for a paper copy of any Communication will not be treated as a withdrawal of consent to receive electronic Communications.
Your consent to receive Communications and conduct business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your inalienable rights. You may also receive a copy of the Agreement by accessing this Site or the Application. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that moment on, you must stop using the Site, Applications and Services. Withdrawal of your consent will not affect the legal validity and enforceability of any obligation or any electronic Communication provided or business conducted between us prior to the time you withdraw your consent.
17. COPYRIGHT VIOLATIONS. We respect the intellectual property of others and ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site, Apps, or Services;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; Y
- A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You may contact our Copyright Agent for notifications of claimed copyright infringement on the Site or Services by mail at: Copyright Agent, Returso., 122 East 42nd Street, Suite 4300, New York, NY 10168 or by email to [email protected].
18. AGREEMENT TO ARBITRATION AND DISPUTE RESOLUTION.This Section 18 shall be referred to herein as the "Agreement to Arbitrate." Except for a claim by Retorno for infringement or misappropriation of Retorno's patent, copyright, trademark or trade secret, any and all disputes between you and Retorno arising out of or in any way related to these Terms or your use of the Site, Apps or Services, or receipt of any email, telephone, text message or other communication from us or our representatives must be resolved by binding arbitration as described in this section. This Agreement to Arbitrate is intended to be broadly construed. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT TO ARBITRATION, YOU AND Returso WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND Returso AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT ALLOWED.
(a) Any and all controversies, disputes, demands, recounts, claims, or causes of action (including the interpretation and scope of this Arbitration Agreement, and the arbitrability of the controversy, dispute, demand, recount, claim, or cause of action) between you and us and our employees, agents, successors or assigns, in connection with these Services or these Terms, shall be resolved exclusively by confidential and binding arbitration.
(b)The arbitration will be subject to the Federal Arbitration Act and not to any state arbitration law. The arbitration will be conducted before a commercial arbitrator with substantial experience resolving JAMS commercial contract disputes. As modified by these Terms, and unless the parties otherwise agree in writing, the arbitration will be governed by the JAMS commercial arbitration rules and, if the arbitrator deems applicable, the procedures for consumer-related disputes. If JAMS is not available to arbitrate, the parties will agree to an alternative arbitration forum.
(C)Therefore, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights, EXCEPT in matters that can be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT by a judge or jury. You have the right to a FAIR HEARING, BUT the arbitration proceedings are SIMPLER AND LIMITED THAN THE RULES APPLICABLE IN COURT. The decisions of the arbitrators are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
(d)You and we must abide by the following rules: (1) ANY CLAIM BROUGHT BY YOU OR US MUST BE BROUGHT IN THE INDIVIDUAL CAPACITY OF THE PARTIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING, AND MAY NOT AWARD CLASS RELIEF, (3) if he can show that the costs of the arbitration will be prohibitively expensive compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to avoid making the arbitration cost prohibitive compared to the cost of litigation, (4) we also reserve the right, at our sole and exclusive discretion, to assume responsibility for all costs of the arbitration; (5) the arbitrator will respect the claims of privilege and privacy recognized by law; (6) the arbitrator's award will be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual relief that is permitted by applicable law; and (8) each party pays its own attorneys' fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its litigation fees and expenses, and then, in such case, the fees and costs granted will be determined by applicable law. (6) the arbitrator's award will be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual relief that is permitted by applicable law; and (8) each party pays its own attorneys' fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its litigation fees and expenses, and then, in such case, the fees and costs granted will be determined by applicable law. (6) the arbitrator's award will be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual relief that is permitted by applicable law; and (8) each party pays its own attorneys' fees and expenses,
(me)Notwithstanding the foregoing, you or we may bring an individual action in small claims court as long as such action remains in such court. In addition, claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret will not be subject to this arbitration agreement. Such claims shall be brought exclusively in the state or federal courts located in New York, New York. In addition, notwithstanding our agreement to arbitrate, either party may seek emergency equitable relief in the state or federal courts located in New York, New York, in order to maintain the status quo pending arbitration,
(F)Except for the second paragraph of this Arbitration Agreement and subparts (1) and (2) of subsection 18.(d) above (prohibiting class, representative, or class arbitration), if any part of this Arbitration Agreement arbitration is held to be invalid or unenforceable, then the remainder of this Arbitration Agreement shall survive and be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. However, if the second paragraph of this Arbitration Agreement and/or subparts (1) or (2) of subsection 18(d) above (prohibiting arbitration on a class, representative, or class basis) are found to are invalid or unenforceable with respect to a particular claim for repair, then that claim for relief and only that claim for relief will be separated from the arbitration and brought exclusively in the state or federal courts located in New York, New York. All other claims will be arbitrated.
(g) Notwithstanding anything to the contrary in these Terms, if we seek to terminate this Agreement to Arbitrate, such termination will not be effective until 30 days after the version of the Terms that does not contain the Arbitration Agreement. , and will not be effective as to any claim for which you have provided us with written notice prior to the termination date. For more information about JAMS, its rules and procedures, and how to file a claim for arbitration, you can call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.com.
(h) Thirty-day right to opt out.You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to Returso., 122 East 42nd Street, Suite 4300, New York, NY 10168 or ATTN: email [email protected] within thirty (30) days from the date you first became subject to this Agreement to Arbitrate. Your notice must include your full name, mailing address and email address (if you have one), and an unambiguous statement that you wish to opt out of this Agreement to Arbitrate. If you opt out of this Arbitration Agreement, all other provisions of the Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreement you may currently have,
19. GENERAL CONDITIONS.You are responsible for compliance with all applicable laws. The Terms of Service and the relationship between you and Return shall be governed by the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law principle that requires the application of the laws of a different country or state. Any legal action, suit, or proceeding arising out of or related to the Terms of Service, or your use of the Site, Apps, or Services that is not subject to arbitration under Section 18, must be brought exclusively in court. federal or state located in New York. , New York and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and consent to service of process issued or authorized by, such court. You may not transfer assign or delegate any of your rights and/or duties under the Agreement to any other person and any attempted assignment or delegation is void. We have the rights to freely assign our rights under this Agreement. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent your breach of your obligations hereunder. Paragraph headings in the Agreement, shown in bold, are included only to help make the Agreement easier to read and are not binding. Any delay or failure by us to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. No waiver by us will be effective unless such waiver is in writing, signed by us; Such waiver of any default or default shall also not constitute a waiver of any subsequent default or default. The Agreement constitutes the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written agreements, communications, or agreements. Subject to subsection 18(f) above, if for any reason any provision of the Agreement, or part thereof, is determined by a court of competent jurisdiction to be unenforceable, that provision of the Terms of Service shall apply to the fullest extent permissible so that to carry out the intent of the parties, and the remainder of the Agreement shall continue in full force and effect.
20. SURVIVAL. Sections 1, 2, 4, 5, 9, and 11 through 21, as well as any other limitations of liability explicitly set forth herein and our ownership rights in the Site, Applications, Content, Our Technology, and Services, will survive. . the expiration or termination of the Agreement for any reason.
21. NOTICE; VIOLATIONS. We may provide notice to you by email, posting on the Site, or other reasonable means. You must notify us in writing via email at [email protected] or as expressly provided. Please report any violation of the Agreement to [email protected].
22. Return 360. As a convenience to our customers, we provide a virtual space on the Site for a company called Identity IQ ("IDIQ") to sell directly to consumers one of its services called Return 360, which includes credit reporting information from Experian, Equifax and Transunion, each a national credit registry (the “Credit Services”). The Credit Services are provided directly to users by Identity IQ ("IDIQ"), and not by Returso; Return 360 is provided by IDIQ pursuant to an end user license agreement which is available here. In the event that we provide IDIQ with the functionality to sell Credit Services through any Application, additional terms relating to such Credit Services,
23. RECOGNITION. Returso and you acknowledge that this Agreement is between Returso and you solely, and not with Apple, Inc. or Google, Inc. Returso, not Apple or Google, is solely responsible for the Application and its content. To the extent this Agreement provides usage rules that are less restrictive than or conflict with the usage rules provided by the applicable App Store, the more restrictive term will apply.
24. MAINTENANCE AND SUPPORT. Return is solely responsible for providing any maintenance and support services with respect to the Application, as specified in this Agreement (if applicable), or as otherwise required by applicable law. Return and you acknowledge that neither Google nor Apple have any obligation to provide maintenance and support services with respect to the Application.
25. WARRANTY. Return is solely responsible for product warranties, whether express or implied by law, to the extent that they are not effectively disclaimed. In the event that the application does not conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the application; and to the fullest extent permitted by applicable law, neither Apple nor Google shall have any other warranty obligation with respect to the Application, and any other claim, loss, liability, damage, cost or expense attributable to any breach of any warranty shall be sole responsibility of return.
26. PRODUCT CLAIMS. Returnand you acknowledge that Returso, not Apple or Google, is responsible for addressing any claim by you or any third party relating to the App or your possession and/or use of the App, including without limitation: (a) product liability claims ; (b) any claim that the Application does not comply with applicable legal or regulatory requirements; and (c) claims arising from consumer protection or similar legislation. This Agreement does not limit Return's liability to you beyond what is permitted by applicable law. You acknowledge and agree that the applicable Partner, and not Return, is responsible for addressing any claim by you or a third party related to any Partner Content, including without limitation: (a) product liability claims;
27. INTELLECTUAL PROPERTY RIGHTS. Returso and you acknowledge that in the event a third party claims that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Returso, not Apple or Google, will be solely responsible for the investigation, defense , resolution and discharge of any claim of intellectual property infringement. You acknowledge that in the event any third party claims that any Partner Content or your possession and use of any Partner Content infringes that third party's intellectual property rights, privacy rights, rights, publicity rights, or is fraudulent, misleading, or unfair, the corresponding partner, and not Return, will be solely responsible for the investigation, defense, conciliation and discharge of said complaint or claim.