Terms & Conditions

Updated: Oct. 28th, 2022

WELCOME TO RETURNABLE.APP. PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND RETURNABLE REGARDING YOUR USE OF OUR RETURNABLE.APP WEB SITE.

These are official terms and conditions ("Terms of Use") and form a legally binding agreement between you and Returnable™, Inc ("Returnable", "we", "us", or "our") regarding your use of the Returnable.App Website located at https://returnable.app/, as well as the associated Web pages, features and functions made available by Returnable (individually and collectively, the "Site").

YOU AGREE TO READ THESE TERMS OF USE CAREFULLY BEFORE EACH USE OF THE SITE.
The Site is offered and made available only to users 18 years of age or older and if you are not yet 18 years old you must have a parent or guardian’s permission to view the Site. Moreover, if your use of the Site is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the Site immediately. BY USING THE SITE: (I) YOU CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE OR HAVE A PARENT OR GUARDIAN’S PERMISSION FOR YOUR USE OF THE SITE AND (II) YOU UNDERSTAND, ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS OF USE. YOUR REMEDY FOR DISSATISFACTION WITH THE SITE, OR ANY SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR SERVICES OR CONTENT. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SITE.

When we use the term "Agreement" we mean and are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your use of the features, functions and services we make available to you from time to time through the Site. These Terms of Use and our use of the term "Agreement" also includes our Privacy Policy that can be accessed through a link on the Site’s home page. The Privacy Policy is hereby incorporated into our Agreement with you by this reference and this Agreement will remain in full force and effect as long as you are a user of the Site, even if your use of or participation in any particular service, feature, or function terminates, expires, ceases, is suspended or deactivated for any reason.

The words "use" or "using" in this Agreement, means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, receive data from the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any links on the Site that may direct your browser or your connection to third party Web sites or Web pages.

1. GENERAL USE OF THE SITE.

The Site is available to users in the general public without registering and you may visit and browse the Site without charge or obligation; provided, however, we reserve the right in our sole discretion to make changes, limit or restrict any portion of the Site at any time and from time to time, without notice to you.

2. MODIFICATIONS.

These Terms of Use are effective as of the date above. We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement without any liability or obligation to you, with or without notice. We will post or display notices of material changes on the Site. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Use periodically and to be aware of any modifications or revisions. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

3. RETURNABLE’S FEE STRUCTURE.

Variable monthly subscription fees or enterprise license fees based on property.

Return Shipping fees not included.

High value items or special packaging may incur an additional cost. Please contact us for estimates.

The above fee structure is for personal use only. Commercial rates are available upon request.

4. OWNERSHIP AND PROPRIETARY RIGHTS.

The Site, including all content, media and materials, all software, code, design, text, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, audio-visual works and recordings, slides, portraits, likenesses, vocal or other sound recordings, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other works, characters, real or imaginary, in any part of the world, are the property of Returnable and/or its affiliates, and their authorized advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors (all of the foregoing, individually and/or collectively, is referred to herein as "Content").

All Content on the Site is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Returnable authorizes you to access Content and grants you the right to use the Site solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Content you display, print or reproduce from the Site. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party Web site) or otherwise use, any Content without the express prior written consent of Returnable. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both.

You may not use any computerized or automatic mechanism, including without limitation, any Web scraper, spider or robot, to access, extract or download any Content from the Site unless you are expressly authorized to do so by Returnable. As an express condition of your use of the Site, you warrant to Returnable that you will not use the Site for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. Returnable makes no representation that any Content is legal or appropriate for use outside of the United States of America or that it is authorized for export from the United States of America or for import into any foreign country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States of America from which you may access the Site.

The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively "Marks") on or of the Site, including, without limitation, "ReturnableSM" and or stylized logo and slogan SM are the intellectual property of and proprietary to Returnable, its advertisers, suppliers and others with whom Returnable may do business. You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express prior written consent of Returnable.

5. USING THE RETURNABLE SERVICES.
In order to access and use Returnable’s services, (A) if you are host property you must enter into an agreement with Returnable™ and an account will be created on our Site, or (B) if you are a shopper, you need to first determine if there is a Returnable™ bin available for your use, then you need to register and create an account on our Site.

In addition, to use our services, a mobile number must be provided for receiving text messages related to requested pick-ups. Any promotional texts are not a condition of using our services, and will be accompanied with an opt-out option. Message and data rates may apply. If you have any questions about your text plan or data plan, please contact your wireless provider. You may opt out of receiving any promotional texts by following the instructions provided in those messages. If you have any questions, please contact us at Rose@Returnable.app.

We are able to return certain items to the merchant, according to the merchants returns policy, provided:
o The item was not a final sale item;
o The item has not been worn;
o The item has original tags/packaging;
o The item has not been damaged by the customer;
o The item is within the Merchants time window for returns; and
o And all other qualifying details provided by the merchant return policy.

In addition:
o you agree to pay any Merchant Shipping costs (Returnable™ fees do not cover shipping, but most are covered by the merchants)l and
o you agree to provide all necessary Purchase documentation to Returnable™ so that it may complete the Merchant returns process.

NOTE: Returnable™ does not sell or share customer data to any List Service, see our Privacy Policy (HERE)

Returnable™ will make its best effort to return customers’ items on their behalf.
o If an item is not able to be returned, it will be returned to you within 1 week of receipt by Returnable™
o If an item is lost, damaged or stolen after being picked up by Returnable™, you will be reimbursed for the expected refund amount.

High Value Items ($500 or more) should NOT be placed in the box, and will be picked up separately.

6. RESTRICTED PRODUCTS.

We are NOT able to return certain items to the merchant:

• Alcohol
• Animals & Animal-Related Products
• Automobiles and Powersports vehicles
• CPAP Cleaning and Disinfecting Devices
• Drugs & drug paraphernalia
• Explosives, Weapons, and Related Items
• Gambling & Lottery
• Hazardous and Dangerous Items
• Human Parts & Burial Artifacts
• Offensive and Controversial Materials
• Pesticides and Pesticide Devices
• Postage meters and stamps
• Refrigerants: Ozone-Depleting Substances and Substitutes

7. HYPERLINKS TO THIRD PARTY SITES.

The Site may include links to third party websites. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, or does it incur any obligation, responsibility or liability on the part of the Site, Returnable or any of their affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for, any such third party websites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such website in any manner. If any third party site obtains or collects personally identifiable information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy below, which describes how Returnable collects and uses your personally identifiable information.

8. DISCLAIMER AND LIMITATIONS OF LIABILITY.

THE SITE AND ALL MATERIALS, AND SERVICES THEREON ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL SERVICES, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site or any services thereon. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all services, features and functions of the Site.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SITE, RETURNABLE OR, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SITE OR FROM OUR SERVICES OR THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have Returnable, upon written notice from you to us, attempt to re-perform the service under this Agreement and, if such is not reasonably commercially practicable for Returnable, we agree to refund any monies actually paid by you for the service involved and to terminate and discontinue your use of the Site. You further understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.

9. MALWARE.

We take great care and pride in creating the Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see the Site -- and that is totally beyond our control.

If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware -- short for MALicious softWARE -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the Site and on other sites that you visit. If you do discover any Malware on your system, we suggest you speak with a qualified computer technician.

10. INTERNATIONAL USE.
Although the Site may be accessible worldwide, we make no representation that materials thereon are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where its content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with all local laws. Any offer for any service, and/or information made in connection with the Site is void where prohibited.

11. MISCELLANEOUS TERMS.

Without limitation, this Agreement contains the entire understanding and agreement between you and Returnable and supersedes any and all prior, inconsistent or other understandings relating to the Site and your use of the Site. This Agreement cannot be modified, changed or terminated, except as specifically described herein.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions herein and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

This Agreement and your use of the Site shall be governed by, construed and enforced in accordance with the substantive laws of the District of Columbia applicable to contracts made, executed and wholly performed in that District, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the applicable District of Columbia and Federal Courts situated in the District of Columbia and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that Returnable has the sole right and discretion to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.