These Terms & Conditions constitute an agreement (the “Agreement”) between you and Refund Retriever (our “Company”) regarding your use of the website we operate (our “Site”) and the services we offer (the “Services”). This agreement includes our leadership, directors, managers, officers, stockholders, members, agents, representatives, employees, partners and affiliated entities (collectively our “Affiliates”). You are stating your acknowledgement of and agreement to comply with and be bound by the terms of this Agreement when you: (i) engage our Company to provide our Services to you; or (ii) use our Site. If you use our Site or Services on behalf of your employer and/or in connection with your employment, this usage signifies your employer’s unconditional acceptance of this Agreement. This Agreement will continue until terminated by either party, or modified or amended as set forth herein.
By your usage of our Site and our Services you represent and warrant that you are at least 18 years of age or the applicable age in your state and that you possess the legal right and ability to enter into this Agreement. You agree not to use our Services or our Site for unlawful or abusive purposes, or in any way which interferes with the ability of the Company to provide Services and/or our Site to our customers, or in any way which damages the property of Refund Retriever.
The Company offers no warranties – our Site and our Services, and the materials or content contained therein, are provided “as is.” Our Company and our Affiliates make no warranties regarding the materials, content or services whatsoever and disclaim any and all express or implied warranties of any kind, including any warranties of merchantability, non-infringement of intellectual property, fitness for a particular purpose, or warranties arising by course of dealing or custom or trade. This paragraph shall survive termination of this agreement. There are some jurisdictions which do not allow the disclaimer of implied warranties; in these jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
In no event shall our Company or Affiliates be liable for any damages, including but not limited to direct, compensatory, indirect, incidental, consequential, special, exemplary or punitive damages (including, without limitation, damages for loss of profits, business interruption, loss of information regardless of whether our Company or any Affiliate has been informed of the likelihood of such damages) arising out of or relating to the provision of our Services. In no event shall our Company or Affiliates be responsible for damages in excess of the fees paid by you to our Company over the twelve months preceding a claim against our Company. You and Refund Retriever agree that this section, “limitation of liability”, is an agreed allocation of risk between you and our Company. You acknowledge that, absent your agreement to this limitation of liability, our Company would not provide our Site or Services to you. This limitation of liability shall apply to the fullest extent permitted by law and shall survive termination of this agreement.
You agree to defend, indemnify, and hold harmless our Company and our Affiliates from and against any and all claims, expenses or damages (including attorneys’ fees), whether known or unknown, arising from, incurred as a result of, or in any manner related to (a) your use of our Services or our Site, or (b) your promises or statements made in this agreement. You hereby agree to waive (to the extent permissible) all laws that may limit the effectiveness of the foregoing releases. Notwithstanding the foregoing, you shall not be liable for claims, expenses or damages arising from the intentional or grossly negligent acts of any of our Affiliates. This indemnification shall apply to the fullest extent permitted by law and shall survive termination of this agreement.
Our Site and Services, and all information, materials, and content available through them, including without limitation any trademarks, logos, service marks, trade dress, text, and graphics (collectively, our “Content”), is the property of our Company and/or certain third-parties, including certain parcel shipping carriers and other third-party providers and distributors. Nothing contained on our Site should be construed as granting, by implication or otherwise, any license or right to use any of our Content without the written permission of the party that owns the Content, whether it be our Company or a third party.
Any sites which link to our Site, and any sites which we choose to publish links to in our Site, are not necessarily under the our control and we will not be responsible for the content of any such site. When you visit links on our Site to other sites, you do so entirely at your own risk. Our decision to publish or not to publish links to other sites is not intended as an endorsement of any particular companies or products, unless otherwise stated.
Regarding affiliates, partners, advertisers, and other third parties, your correspondence or business dealings with, or participation in promotions with them, including payment and delivery of related goods or services, are solely between you and that entity. You agree that in no event shall our Company or any Affiliate be held responsible or liable for any loss or damage of any sort incurred as a result of or in connection with any dealings with such entities. By selecting a special offer, product, or service from a third-party within our Site, you agree that in order to receive the special offer, product, or service, our Company may share certain personal information of yours with the applicable third-party provider. Our Company is not responsible for the privacy practices or the content of such third-party providers or other websites other than our own Site.
Our Company offers you the opportunity to subscribe to our Services. This subscription requires that our Company receives a commission payment representing an agreed upon portion of carrier refunds obtained by you as a result of the work of our Company. The commission is payable by you to our Company. The commission percentage, payment method, and terms may change at our sole and exclusive discretion, provided we give you prior notice of the change.
Payments to Refund Retriever are due as of the date indicated on the Refund Retriever invoice. After a period of sixty (60) days from this date, a late fee of 1% per month will be added to the amount due.
In the event you wish to cancel our Service, you agree to provide our Company written notice of your intention to cancel our Service. As an alternative, you may request a cancellation form.
Regarding governing law, jurisdiction and venue, this Agreement shall be governed by and construed in accordance with the laws of the State of Texas, excluding that body of law applicable to conflicts of law. You agree that any suit, action or proceeding arising out of or relating to this Agreement shall be instituted only in a Texas state or federal court sitting in Harris County, Texas. You hereby waive any objection you may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding.
Our Company may change or modify this Agreement from time to time. You can review the most current version of this Agreement at any time at our Site (www.refund-retriever.com). Your continued use of our Site and of our Services after the Agreement has been changed and posted to our Site constitutes your acceptance of the modified Agreement, whether known or unknown. We may assign all or part of our rights or duties under this Agreement in connection with a sale of all or substantially all the assets of the Company (including our Site and operations) to a third party. You may not assign this Agreement without our prior written consent. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect. This Agreement constitutes the entire agreement between Refund Retriever and you with respect to your use of our Site and of our Services, and it supersedes all prior or contemporaneous communications and proposals between you and our Company with respect thereto. Any failure by our Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.