|TERMS OF SERVICE|
|TERMS OF SERVICE|
REFUND TECHNOLOGY USER AGREEMENT AND TERMS OF SERVICE
Last updated: June 12, 2009
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE OR SUBSCRIBING FOR SERVICE. THIS IS AN AGREEMENT BETWEEN YOU, THE FINANCIALLY RESPONSIBLE PERSON, AND REFUND TECHNOLOGY, A DIVISION OF KSE CORPORATION. YOUR USE OF OUR SERVICE AND/OR THIS WEBSITE SIGNIFIES YOUR UNCONDITIONAL ACCEPTANCE AND AGREEMENT TO THESE TERMS OF SERVICE, AS AMENDED.
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 service in their entirety, do not use 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 (remove parentheses). 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.
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, address, email 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.
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.
You shall unconditionally 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 components or functionality of this Site. Some states restrict limitations of liability, so the foregoing limitation may not apply to you in its entirety.
By subscribing to any Refund Technology service, you are an individual subscriber ("Subscriber") and you agree to be personally liable and to pay any and all fees in accordance with the terms of the service plan selected by you. Upon successfully completing the online sign-up process, a confirmation form will be displayed on your computer screen showing the information that you submitted. This is your confirmation from Refund Technology that you are a Subscriber in good standing, after which 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 and automatically charged 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, 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. ALL NOTICES REGARDING ACCOUNT CHANGES, INCLUDING, BUT NOT LIMITED TO, ADDITIONS, DELETIONS, CANCELLATIONS, ETC. MUST BE SUBMITTED THROUGH THIS WEBSITE, OR IN WRITING TO SUPPORT(@)REFUNDTECH.COM (remove parentheses). NO EXCEPTIONS.
FEES AND COSTS:
You appoint Refund Technology, a division of KSE Corporation as your exclusive agent for the purpose of auditing your UPS© and/or FedEx©, and/or DHL© shipments and obtaining refunds and account credits on your behalf, and you acknowledge that customer (you or your customer) applied for refunds and account credits are NOT ALLOWED.
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 Fixed-Fee Plan requires subscribers to pay a
fixed monthly, quarterly 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. Our Split Plan terms are Net 20. Amounts not paid after 30 days from
invoice date will incur a late fee of 1.5% per month. Fixed Fee Plan subscribers may elect to pre-pay for one year of
membership service in advance at the stated discount. Refund Technology agrees not to
increase the membership service fees to the Fixed Fee Plan subscriber for the
one year period. If for any reason Fixed Fee Plan subscriber cancels,
terminates, or otherwise fails to maintain active status, they forfeit their
subscription fee for the balance of the subscription period. NO REFUNDS. NO
GUARANTOR FOR PAYMENTS FOR SERVICE:
FOR VALUE RECEIVED, and to induce Refund Technology (the "Lender") to provide Organization (the "Borrower") with month-to-month credit for labor services rendered (the "Obligation"), the financially responsible person (hereinafter the "Guarantor"), unconditionally guarantees payment in full of all amounts owing under the Obligation. Time is of the essence.
The Guarantor covenants and agrees that neither its obligations to make payment in accordance with the terms of this Guaranty nor any remedy for the enforcement thereof shall be impaired, modified, changed, released or limited in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of the Borrower, or any remedy for the enforcement thereof resulting from the operation of any present or future provision of the Bankruptcy Reform Act of 1978 or other statute, or from the decision of any court, nor shall such obligation or remedy for enforcement be impaired, modified, changed, released or limited in any manner by such event of bankruptcy.
The Guarantor further covenants and agrees that the execution and delivery and the observance and performance of this Guaranty by said Guarantor does not and will not conflict with or result in a breach of the terms or provisions of any existing rule, regulation or order of any court or governmental body or of any indenture, agreement or instrument to which Guarantor is a party, or by which he is bound, or to which he is subject, or constitute a default thereunder, and that this Guaranty has been duly executed and delivered by Guarantor and constitutes a valid and binding Guaranty enforceable in accordance with its terms.
This Guaranty is a guaranty of payment and not of collection. The Guarantor waives any right to require the Lender to (a) proceed against the Borrower; (b) proceed against or exhaust any security held by the Borrower; or (c) pursue any other remedy in the Lender's power whatsoever. Guarantor waives all presentments, demands for performance, notices of non-performance, protests, notices of protest, notices of dishonor, and notices of acceptance of this Guaranty.
It is expressly understood and agreed that this is a continuing guaranty, and that any claim made by the Lender against Guarantor pursuant to this Guaranty shall not preclude the Lender from making a claim against Guarantor for future payments. Any payment made by Guarantor pursuant to this Guaranty shall satisfy the obligation of the Borrower to make such payment, as if the Borrower had made such payment itself.
All rights, powers and remedies of the Lender hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to the Lender by law or in equity.
The Guarantor represents that he has read such of the documents given in connection with this arrangement as he deems it necessary or desirable to read and that he understands the terms of this Guaranty and is competent to execute this Guaranty. If any provision of this Guaranty shall be held to be invalid or unenforceable either generally or as to any particular set of circumstances, all other provisions hereof shall nevertheless remain valid and enforceable in accordance with their terms.
If any clause or provision herein contained operates or would prospectively operate to invalidate this Guaranty in whole or in part, then such clauses and provisions only shall be held for naught as though not contained herein, and the remainder of the Guaranty shall remain operative and in full force and effect.
If your check is returned by your bank for any reason, including but not
limited to non-sufficient funds, you expressly agree to reimburse Refund
Technology for bank fees and extra handling costs associated with that
check, by paying a handling fee of thirty five dollars ($35.00).
USE OF FACSIMILE DEVICES:
You unconditionally agree to receive communications from Refund Technology via facsimile.
Copyright © 2002-2018 Refund Technology, Inc. All
rights reserved worldwide.