Terms of Use

Legal Notice

These Terms of Use (“Terms of Use”) set forth the terms and conditions that govern access to and use of the Services (as defined below), and is between Onepak, Inc. d/b/a ReturnCenter (“ReturnCenter”), and the natural person, company or other legal entity accepting these Terms of Use, and affiliates of that company or entity (“user”, “you”, or “your”).  ReturnCenter provides website services, platform services, products, content and other services to you when you visit ReturnCenter.com, use ReturnCenter products or services, use ReturnCenter applications for mobile, or use software provided by ReturnCenter in connection with any of the foregoing (collectively, the “Services”).

Please read the following Terms of Use carefully before using any Service.

  1. Acceptance of Terms of Use.

All users agree that access to and use of the Services are subject to the following Terms of Use. If you do not agree to these Terms of Use, you should not use any Service.

These Terms of Use are effective as of the date you accept them by:

Your use of the Services is also subject to any additional terms, policies, or guidelines applicable to specific Services, which may be posted and updated from time to time.

If you are a company or other entity, the individual accepting these Terms of Use on your behalf represents and warrants that they have authority to bind you to these Terms of Use.

  1. Modifications to Terms of Use.

ReturnCenter reserves the right to modify these Terms of Use at any time without prior notice. It is your responsibility to review these Terms of Use periodically. Your continued use of the Services after any modifications indicates your acceptance of the revised Terms of Use.

  1. Privacy Policy.

Your privacy is important to us. Please review ReturnCenter’s Privacy Policy to understand how ReturnCenter collects, uses, and protects your personal information collected in connection with your use of the Services.

  1. Use of Services.

You agree to use the Services only for lawful purposes and in accordance with these Terms of Use. You are responsible for ensuring that your use of the Services does not violate any applicable laws, regulations, or third-party rights.

You agree not to engage in any prohibited activities, including but not limited to:

– interfering with or hacking any Service;

– licensing, selling, transferring, assigning, distributing, hosting, or otherwise commercially exploiting the Services;

– modifying, preparing derivative works of, disassembling, decompiling, or reverse engineering any part of the Services;

– accessing the Services in order to build a similar or competitive website, product, or service,

– using automated systems (bots, scrapers, etc.) without authorization;

– misrepresenting identity or affiliations;

– transmitting any viruses, worms, defects, Trojan horses, or any items of a destructive nature; and

– engaging in fraudulent, abusive, or illegal activities.

 

  1. User Accounts and Responsibilities.

If you create an account to use the Services, you are responsible for the information associated with your account, maintaining the security of your account credentials and all activities that occur under your account. ReturnCenter is not liable for any unauthorized access resulting from your failure to maintain the security of your login credentials.

  1. Payment Terms.

If payments are required for any Services, you agree to abide by all applicable payment terms. Fees are non-refundable unless otherwise expressly stated. ReturnCenter reserves the right to modify pricing and discontinue Services at its discretion.

You authorize ReturnCenter to charge all sums for the Services you order, including all applicable taxes, to the payment method specified in your account or otherwise selected when placing an order for the Services. If you pay any fees with a credit card or otherwise provide ReturnCenter with your credit card information in connection with your purchase of any Services, (a) you hereby authorize ReturnCenter to store (either itself or via its third-party payment processor(s)) any credit card information provided by you, and you hereby specifically authorize ReturnCenter or its third-party payment processor to charge the credit card for any fees, or additional amounts owed pursuant to these Terms of Use, and (b) you acknowledge and agree that ReturnCenter or its third-party payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You hereby represent and warrant that you have the authority to provide the aforesaid authorizations. By making any purchase for or through the Services, you authorize ReturnCenter to share any of your information with its third-party payment processor in order to process your payment.

  1. Electronic Communications.

By providing your phone number and/or email address, you consent to receive recurring automated and/or manual marketing, promotional, and informational messages from ReturnCenter, including but not limited to text messages (SMS/MMS) and emails. Message frequency may vary; consent is not required as a condition of purchase and standard message and data rates may apply for SMS/MMS.   You may opt out of receiving (i) text messages by replying STOP to any text message to unsubscribe; and (ii) emails by clicking the unsubscribe link at the bottom of any email.  After opting out, you may receive a final confirmation message. No further messages will be sent unless you re-enroll.

  1. Intellectual Property Rights.

As between you and ReturnCenter, all ReturnCenter trademarks, logos, service marks and other intellectual property displayed by ReturnCenter in connection with the Services (collectively, the “ReturnCenter Materials”) are ReturnCenter’s intellectual property. They are the property of ReturnCenter and may not be used without written permission from ReturnCenter. You acquire absolutely no rights or licenses in or to the Services or the ReturnCenter Materials contained within the Services other than the limited right to use the Services in accordance with these Terms of Use. Any sale, transmission or redistribution of the Services and their content, and any copying, modification or other use of the Services or their content for any purposes is strictly prohibited. You agree to protect the proprietary rights of ReturnCenter and to comply with all reasonable written requests made by ReturnCenter to protect their and others’ contractual, statutory and common law rights in any intellectual property. You may not copy reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit or in any way exploit any part of the Services, except as expressly provided in these Terms of Use. Your modification of any Service content is a violation of ReturnCenter’s copyright and other intellectual property and proprietary rights.

  1. License and Access.

Subject to your compliance with these Terms of Use, and your payment of all applicable fees, ReturnCenter grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Services. This license does not include any resale of any Service or its contents; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by ReturnCenter or its licensors, suppliers, publishers, rightsholders, or other content providers. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ReturnCenter. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ReturnCenter without express written consent. You may not use any meta tags or any other “hidden text” utilizing ReturnCenter’s name or trademarks without the express written consent of ReturnCenter. The licenses granted by ReturnCenter terminate if you do not comply with these Terms of Use.  The Services and all rights therein are and shall remain ReturnCenter’s property or the property of ReturnCenter’s licensors. Neither these Terms of Use nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner ReturnCenter’s name, logos, product and service names, trademarks or services marks or those of ReturnCenter’s licensors.

  1. Accuracy of Information.

While ReturnCenter tries to update its websites, platforms and applications associate with the Services reasonably often, no assurance is given that information or material is up-to-date, accurate, error-free or complete. The Services are provided “as is”.

  1. User Provided Content.

ReturnCenter may, in ReturnCenter’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to ReturnCenter and other users through the Services textual, audio, visual or other content and information, including commentary and feedback related to the Services, ratings and reviews (including of motor carriers and facilities), and initiation of support requests (collectively, all of the items listed, “User Content”). Any User Content provided by you remains your property. However, subject to ReturnCenter’s Privacy Policy by providing User Content to ReturnCenter, you grant ReturnCenter a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and ReturnCenter’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant ReturnCenter the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor ReturnCenter’s use of the User Content as permitted herein, will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by ReturnCenter in its sole discretion, whether or not such material may be protected by law. ReturnCenter may, but shall not be obligated to, review, monitor, or remove User Content, at ReturnCenter’s sole discretion and at any time and for any reason, without notice to you.

  1. Third-Party Services.

When you use ReturnCenter Services, you may be using the services of one or more third parties, including but not limited to, motor carriers, warehousing services, first-mile delivery services, data security and destruction, recycling, disposal and other services provided by IT asset disposition providers (“Third-Party Services”). Use of Third-Party Services are subject to user’s agreement with the relevant provider (“Third-Party Service Provider”) and not these Terms of Use, including without limitation with respect to cancellation policies, refund rights, and fees and payment terms. Your use of Third-Party Services is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Services.

ReturnCenter hereby disclaims any responsibility or liability for the actions, products, and services of, or any information provided by, any and all of these Third-Party Service Providers and any other third parties; you should carefully review their privacy statements and other terms and conditions of use in connection with your use of Third-Party Services. ReturnCenter does not control and has no liability for Third-Party Services, including their security, functionality, operation, availability, or interoperability with the ReturnCenter Services or how the Third-Party Services or their providers use user data. Without limiting the generality of the foregoing, ReturnCenter will not be responsible or liable for the acts, errors, omissions, representations, warranties or negligence of any such Third-Party Service Providers, or for any personal injuries, death, property damage or other damages or expenses resulting from the above.  By enabling a Third-Party Service to interact with the ReturnCenter Services, user authorizes ReturnCenter to access and exchange user data with such Third-Party Service on user’s behalf.

  1. Additional Specific User Terms.

Your use of the Services may be subject to additional terms, policies, rules, or guidelines applicable to certain Services provided by ReturnCenter.  All applicable additional terms are incorporated by this reference into, and made a part of, these Terms of Use. Without limiting the generality of the foregoing, the following terms may apply to you depending on how you are using and accessing the Services:

 

  1. Network Access and Service Availability.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and applications and any updates thereto. ReturnCenter does not guarantee continuous availability of the Services and reserves the right to modify, suspend, or discontinue Services at any time without liability. ReturnCenter is not responsible for Service interruptions due to unforeseen circumstances.

  1. Viruses and Security.

ReturnCenter does not guarantee that the Services will be secure, uninterrupted, or free of viruses or other harmful components. You are responsible for implementing appropriate security measures when accessing the Services.

  1. Limitation of Liability.

EXCEPT TO THE EXTENT PROHIBITED BY LAW, RETURNCENTER SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOST REVENUE OR LOSS OF GOODWILL, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM OR RELATED TO LOST PROFITS OR BUSINESS INTERRUPTION, REGARDLESS OF WHETHER RETURNCENTER HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED. UNDER NO CIRCUMSTANCES SHALL RETURNCENTER’S LIABILITY FOR ANY MATTER ARISING FROM OR RELATING TO THE SERVICES PROVIDED HEREUNDER, REGARDLESS OF THE CAUSE OF ACTION, EXCEED THE AMOUNTS PAID TO RETURNCENTER BY CUSTOMER UNDER THE CUSTOMER AGREEMENT DURING THE SIX (6) MONTHS BEFORE SUCH LIABILITY AROSE. THE FOREGOING LIABILITY CAP WILL APPLY EVEN IF CUSTOMER’S REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE. CUSTOMER ACKNOWLEDGES THAT ALL OF THE LIMITS OF LIABILITY SET FORTH HEREIN ARE NECESSARY FOR RETURNCENTER TO PROVIDE COMPETITIVE RATES FOR THE SERVICES; THEREFORE, ALL LIMITS OF LIABILITY CONTAINED HEREIN ARE MATERIAL TERMS.

  1. Disclaimer of Warranties.

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY RETURNCENTER ON AN “AS IS” AND “AS AVAILABLE” BASIS. RETURNCENTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, RETURNCENTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RETURNCENTER DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES OR ELECTRONIC COMMUNICATIONS SENT FROM RETURNCENTER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  1. Indemnification.

You agree, at your own expense, to indemnify, defend and hold harmless ReturnCenter, its parent, subsidiaries, and other affiliates, and each of their respective directors, officers, employees, subcontractors, agents, suppliers, and content providers against any third party claim, suit, action or other proceeding against them to the extent that such claim, suit, action or other proceeding is related to, based on, or arises in connection with your use of the Services. This includes, but is not limited to:

You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs, in connection with or arising from any such claim, suit, action or proceeding.

  1. Term and Termination.

These Terms of Use are effective beginning when you accept the Terms of Use or first access or use the Services, and ending when terminated as permitted herein. ReturnCenter reserves the right to suspend or terminate your access to the Services at any time for any reason, including but not limited to violation of these Terms of Use or applicable laws. Upon termination, your right to use the Services will cease immediately.

  1. Governing Law.

THE VALIDITY, PERFORMANCE AND CONSTRUCTION OF THESE TERMS OF USE SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO ITS CONFLICT OF LAWS PRINCIPLES.

  1. Survival.

Sections related to intellectual property rights, limitation of liability, indemnification, and governing law shall survive the termination of these Terms of Use.

  1. General.

You may not assign these Terms of Use without ReturnCenter’s prior written consent. ReturnCenter may freely assign these Terms of Use without your consent. Any purported assignment in violation of this section shall be void. These Terms of Use will bind and inure to the benefit of each party’s permitted successors and assigns. No joint venture, partnership, employment, or agency relationship exists between you, ReturnCenter or any third party as a result of these Terms of Use or use of the Services. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. ReturnCenter’s failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ReturnCenter in writing.

  1. Contact Information.

For any questions or concerns regarding these Terms of Use, you may contact ReturnCenter by sending correspondence to:

ReturnCenter

1029 North Rd

Suite 1018

Westfield, MA 01085

Or by emailing ReturnCenter at customersupport@returncenter.com