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   REFUND TECHNOLOGY USER AGREEMENT AND TERMS OF USE
Last updated: June 12, 2009

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. THIS IS AN AGREEMENT BETWEEN YOU AND REFUND TECHNOLOGY, INC. YOUR USE OF THIS WEBSITE SIGNIFIES YOUR UNCONDITIONAL ACCEPTANCE AND AGREEMENT TO THE TERMS OF USE.

If you are using the Site in connection with your employment, your use of this website signifies your employer's unconditional acceptance of this User Agreement. If you do not agree to these terms of use in their entirety, do not use the site.

This User Agreement, which includes the Refund Technology Privacy Policy and Refund Technology Terms of Use agreement, which is incorporated by reference (collectively, "User Agreement"), explains and governs your use of Refund Technology websites and services and will help us maintain and manage a useful and safe service on the Site for all Refund Technology users and customers (collectively, the site and the services thereon are referred to as the "Site"). Refund Technology may at any time modify this User Agreement by posting a revised version at this location. Your continued use of the Site thereafter constitutes agreement to the changed User Agreement. We may, with or without prior notice, terminate any of the rights granted by this User Agreement. You are required to comply promptly with any termination or other notice, including, as applicable, by ceasing use of the Site.

We encourage you to send us your comments and suggestions as often as you like. If you have a comment or suggestion, please contact us at info@refundtech.com. Though we may not be able to respond to every comment and suggestion, we read everyone's input. Any and all rights to comments, suggestions or other content submitted to Refund Technology become the exclusive property of Refund Technology. Please note that Refund Technology takes NO RESPONSIBILITY and assumes NO LIABILITY for any comment, suggestion or other materials posted or submitted by you. Refund Technology also assumes NO RESPONSIBILITY for reviewing such items and will not incur any liability as a result of their use or similarities with other Content (as defined below) that may appear in the future on the Site.

THIS SITE IS THE EXCLUSIVE PROPERTY OF REFUND TECHNOLOGY:
This Site, and all information, materials and content available on the Site or provided to the Site, as well as its "look and feel", including but not limited to trademarks, logos, services marks, trade dress, logos, brand identifiers, text, graphics, button icons, images, audio clips, data compilations and software and the compilation or organization thereof (collectively, "Content"), is the property of REFUND TECHNOLOGY and/or its various third-party providers and distributors. Some of the Content found on this Site is owned by third-party providers and, specifically, certain information relating to the parcel shipping carriers ("Carriers") found on the Site is the copyrighted work of the respective Carriers and other information providers. Nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use any of the Content without the written permission of Refund Technology or such other party that may own the Content, as the case may be. The trademarks, service marks, trade dress, logos and brand identifiers displayed on this Site (collectively, the "Trademarks") are registered or common law Trademarks of Refund Technology, its affiliates, or various third parties.

USE OF A REFUND TECHNOLOGY WEBSITE:
Refund Technology grants you a limited, non-transferable, non-sublicenseable, revocable license to use this Site in accordance with this User Agreement. You may only use this Site to transact and make legitimate purchases of products and services available on the Site, or to access information and/or resources available on the site, and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchases. This Site and the Content provided in this Site may not be copied, reproduced, republished, uploaded, screen-scraped, harvested, posted, transmitted or distributed without the written permission of Refund Technology, and/or its third-party providers and distributors, except that you may display and print materials presented on this Site to use the Site’s functionality for your internal business purposes. You may not use any "robot", "spider" or other automatic device or process, or any program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Content found on this Site, without the prior written permission of Refund Technology. You agree that you will not transmit or otherwise transfer any Content found on this Site to any other computer, server, website, or other medium for any purpose including, but not limited to, distribution to any other party or for use as a service bureau or otherwise to provide services to third parties. You agree that you will not interfere or attempt to interfere with the proper working of this Site or with the software or hardware of Refund Technology. You agree that you will not interact with Refund Technology’ Site without permission as an authorized Subscriber nor take any action that imposes any burden or load on our infrastructure other than as expressly permitted by Refund Technology. Unauthorized use of this Site and/or the Content may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices and any other proprietary notices contained on the Site and in the Content, and you must not alter, obscure or obliterate any of such notices. The use of such Content on any other website or in any environment of networked computers other than your internal business networks for internal business purposes is prohibited. You agree to not submit or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you agree to not post or transmit any information that (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right or as otherwise permitted under applicable law, (c) contains a virus, bug or other malicious code, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of this Site.

USE OF COMMUNICATION SERVICES:
The Refund Technology websites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

Refund Technology has no obligation to monitor the Communication Services. However, Refund Technology reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Refund Technology reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Refund Technology reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Refund Technology’s sole discretion.

YOUR RESPONSIBILITY:
If you use this Site, you are responsible for maintaining the confidentiality of your password and associated account information. You agree that you are responsible for all activities that occur under your account or password. You represent that you are over eighteen (18) years of age and of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site, either on your own behalf or on behalf of your employer.

You understand that you are financially responsible for all uses of this Site by you and those using your login information. You understand that you are responsible, financially and otherwise, for the accuracy of any information you provide to Refund Technology, including but not limited to credit card information and address and billing information. You accept full responsibility financially and otherwise to any vendor you select for any purchase processed on the Site, and Refund Technology accepts no liability for any charges you may incur with a vendor, including, but not limited to, any additional fees resulting from inaccurate information provided by you.

YOUR PRIVACY:
Your privacy is extremely important to us, and you represent that you have read the Refund Technology Privacy Policy, the terms of which are incorporated herein. You consent to the use of your personal information by Refund Technology and/or its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Refund Technology Privacy Statement.

INFORMATION TRANSMITTED THROUGH THE WEBSITE:
Refund Technology may, from time to time, collect, monitor and review any information transmitted or received through this Site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Refund Technology, in its sole discretion, deems inappropriate, improper, or in violation of this User Agreement. During monitoring, the information may be examined, recorded or copied, and your use of this Site constitutes your consent to such actions. You grant Refund Technology and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such information in any form, media or technology.

LINKS TO THIRD-PARTY SITES:
This Site contains links to and frames of other websites that are provided solely as a convenience to you and not as an endorsement by Refund Technology, its third-party providers or distributors, of the content or functionality of such other websites, nor of the owners of any such sites, nor of the goods or services provided by such owners. Neither Refund Technology nor any third-party provider shall be responsible for the content, function or availability of any other websites, nor for the actions of the owners of such sites or the quality or availability of any goods or services provided by such owner, nor do they make any representation or warranty with respect to any of the foregoing. If you decide to access other websites through the Site, you do so at your own risk and should review their terms and conditions and policies, which are applicable to them.

DISCLAIMER OF WARRANTY:
NEITHER REFUND TECHNOLOGY NOR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS MAKE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIS SITE, ITS AVAILABILITY, AND/OR ANY CONTENT PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS-IS" BASIS, OR REGARDING OTHER GOODS OR SERVICES REQUESTED FROM ANY VENDORS OR OTHER THIRD PARTIES THROUGH THIS SITE. NEITHER REFUND TECHNOLOGY NOR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER REFUND TECHNOLOGY NOR ANY THIRD-PARTY VENDORS, PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS SITE, IT'S SERVERS OR ANY E-MAIL SENT FROM REFUND TECHNOLOGY ARE FREE OF VIRUSES OR OTHER MALICIOUS CODE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF WARRANTIES TO THE EXTENT PROVIDED HERE, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

INDEMNIFICATION:
You shall hold harmless, defend, and indemnify Refund Technology, its affiliates, and any third-party providers and distributors, and their respective officers, directors, shareholders, members, employees and agents, from and against any and all claims, cause of actions or demands, including without limitation legal fees, arising from or related to your use of the Site or breach of this User Agreement.

LIMITATION OF LIABILITY:
REFUND TECHNOLOGY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGE FROM VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR USAGE OR DOWNLOADING OF ANY CONTENT FROM THE SITE. IN NO EVENT SHALL REFUND TECHNOLOGY OR ANY THIRD-PARTY PROVIDER OR DISTRIBUTOR BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS OR LOST DATA), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OR FUNCTIONALITY OF THE SITE FOR PROCESSING SHIPMENTS), (iii) THE PERFORMANCE OR NON-PERFORMANCE BY REFUND TECHNOLOGY OR ANY THIRD-PARTY PROVIDER OR DISTRIBUTOR, INCLUDING ANY CARRIER, INCLUDING, BUT NOT LIMITED TO, NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

If, notwithstanding the foregoing, Refund Technology or any third-party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with this Site or its Content, the liability of Refund Technology and the third-party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this Site in relation to the applicable claim, or (b) US$100.00. In its sole discretion, in addition to any other rights or remedies available to Refund Technology and without any liability whatsoever, Refund Technology at any time and without notice may terminate or restrict your access to any or all component(s) or functionality of this Site. Some states restrict limitations of liability, so the foregoing limitation may not apply to you in its entirety.

SUBSCRIPTION:
By subscribing to a Refund Technology service, you will be a subscriber ("Subscriber") and you agree to pay any and all fees in accordance with the terms of the service plan selected by you. Upon successfully completing the sign-up process and receiving confirmation from Refund Technology that you are a Subscriber in good standing, the first month/year of your service will be charged to you in accordance with the service plan terms, and for every subsequent month/year you will automatically be subscribed to until you cancel. You agree to provide Refund Technology 15 days advance written notice of your intention to cancel. No exceptions. Time is of the essence. If you change service plans by choice, you agree to fully pay for services rendered under your old plan and be bound by the payment terms of the new plan. If an account is established for a business or other entity, the person establishing the account represents that he or she has all necessary authority to establish an account with Refund Technology on behalf of the business or other entity and shall personally be liable for such account to the extent the business or other entity does not fulfill its obligations hereunder.

FEES AND COSTS:
The Refund Technology Split Plan requires subscribers pay a commission representing an agreed upon portion (typically 50%) of the parcel carrier refunds they receive as a result of the work of Refund Technology, billed monthly. The Refund Technology Smart Plan requires subscribers to pay a fixed monthly or annual fee, in advance. Subscribers keep 100% of the refunds allowed by the parcel carriers. Payment amount, method, and terms may change at any time and at the sole and exclusive discretion of Refund Technology. Smart Plan subscribers may elect to pre-pay for one year of membership service in advance at a discount. Refund Technology agrees not to increase the membership service fees to the Smart Plan subscriber for the one year period. If for any reason Smart Plan subscriber cancels, terminates, or otherwise fails to maintain active status, they forfeit their subscription fee for the balance of the subscription period.

Current pricing plans and billing information are posted on the Site. Each Subscriber's service fee will be based on the selected plan. You may switch from the Split Plan to the Smart Plan at any time, once per year. You may switch from the Smart Plan to the Split Plan at the end of any subscription period, once per year. No pro-rating. Refund Technology does not charge its Subscribers any cancellation fees. In the event, however, you cancel your account with Refund Technology and later wish to re-enable your account, you will be charged a fifty-dollar ($50.00) reactivation fee in addition to the cost of the new plan selected.

PREPAID DISCOUNTS:
Refund Technology offers discounts for prepaid Smart Plan subscriptions for 12-month periods of service. After your application for Smart Plan service is approved and you elected to pay on an annual basis, you will immediately be billed automatically in advance for the next year’s service and each year thereafter, at the then current annual subscription rate.

AUTOMATIC RENEWAL:
All service plan subscriptions automatically renew for the same term, at the published plan price on the renewal date, unless you cancel or change your account in writing to us, prior to the end of your current term.  You agree to provide Refund Technology 15 days advance written notice of your intention to cancel or change plans. No exceptions. Time is of the essence. The automatic renewal begins at 12:01am on the first day after the last day of your term.

NO CREDIT FOR INACTIVITY OF ACCOUNT:
Refund Technology does not provide refunds based on inactivity or non-usage of your account nor for any interruption of the services not directly caused by Refund Technology. Refund Technology is only aware of your shipments to the extent that you provide tracking number information to us. It is the subscriber's sole responsibility to supply their tracking numbers to Refund Technology for analysis.

GOVERNING LAW AND JURISDICTION:
This User Agreement and its performance shall be governed by the laws of the state of Rhode Island, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the state of Rhode Island, United States of America, in all questions and controversies arising out of your use of this Site and this User Agreement, except as set forth in the following paragraph covering injunctive relief. To the extent allowed by applicable law, you must bring any claim or cause of action arising from or relating to your access or use of this Site or arising from the Terms and Conditions within two (2) years from the date on which such claim or action arose or accrued.

INJUNCTIVE RELIEF:
You acknowledge that a violation or attempted violation of this User Agreement may cause irreparable damage to Refund Technology, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Refund Technology shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of this User Agreement by you, or your affiliates, partners, agents, or assigns as well as recover from you any and all costs and expenses sustained or incurred by Refund Technology in obtaining such an injunction, including, without limitation, reasonable attorneys' fees. You agree that no bond or other security shall be required in connection with such injunction.

ATTORNEYS’ FEES:
If Refund Technology or its affiliates take any action to enforce this User Agreement, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

TERMINATION:
Refund Technology, in its sole discretion, may terminate this User Agreement and/or the provision of any of the services available on Refund Technology at any time for any reason, including, but not limited to, any improper use of this Site or your failure to comply with this User Agreement. Such termination shall not affect any right to relief to which Refund Technology and its third-party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement, all rights granted to you will terminate and revert to Refund Technology and its third-party providers or distributors, as applicable.

SEVERABILITY:
If any clause or provision set forth in this User Agreement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.

NO ASSIGNMENT:
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

LAWFUL PURPOSES ONLY:
You may use the Site only for lawful, proper and appropriate purposes. You may not use our Site in any way that is illegal, improper or inappropriate. Any illegal, improper, or inappropriate use of the Site will result in immediate termination of your account(s). In addition, Refund Technology may pursue any other action available to it under law or in equity.

HEADINGS:
The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions of this User Agreement.

ELECTRONIC COMMUNICATIONS:
You consent to receive communications from Refund Technology electronically, including without limitation by e-mail or by posting notices on this Site. You agree that all agreements, invoices, accounting statements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive notices electronically, you must notify us of your withdrawal of such consent in writing and discontinue your use of this Site.

ENTIRE AGREEMENT:
This User Agreement, together with the Privacy Policy and any other terms and conditions incorporated herein or referred to herein, constitute the entire agreement between you and Refund Technology relating to the subject matter hereof, supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified by you in any way without obtaining written consent of Refund Technology prior thereto.
 		  
 
   

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