This website (the “Site”) is owned by Retriever LLC (“We”, “Us” or “Retriever LLC”). We are providing Our customers (referred to hereafter as “You” or “Your”, or “Customer”) with access to this Site, Our online store, Our enterprise Portal, our REST API, and Our device return service (together, Our “Services”) subject to the following terms and conditions.

1. This is a Binding Contract. BY CLICKING/CHECKING THE “I AGREE” BUTTON/BOX WHEN SETTING UP AN ACCOUNT, ACCESSING THE SITE OR BY UTILIZING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL EXHIBITS, SCHEDULES, ORDER FORMS, AND INCORPORATED POLICIES (THE “TERMS”). OUR SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF YOUR COMPANY, YOU REPRESENT THAT YOU HAVE ALL NECESSARY POWER AND AUTHORITY TO ACCEPT AND APPROVE THESE TERMS ON BEHALF OF THIS LEGAL ENTITY.

2. Please Read These Terms Carefully. We reserve the right to change, update and modify this Site, Our Services and these Terms at any time. We will revise the effective date above each time to indicate that Our Terms have been updated, and will archive prior versions of these Terms. You are bound by any revisions or updates to these Terms, and You should periodically revisit this page to review any updates. If You are unwilling to be bound by these Terms as updated‚ You should not access or use the Site to purchase Services from Us.

3. Orders. If You order Services through an online registration page or an order form (each an “Order”), the Order may contain additional terms and conditions and information regarding the Services You are ordering. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific Service which You choose to use, those additional terms are hereby incorporated into these Terms in relation to Your use of that Service. All Services are subject to availability, and We reserve the right to impose quantity limits on any Order, to reject all or part of an Order and to discontinue Services without notice, even if You have already placed Your Order. 

4. Privacy Policy. Use of the Services and this Site is also subject to Our Privacy Policy, a link to which can be found at https://helloretriever.com/privacy. This Privacy Policy, and all other policies mentioned or referenced on Our Site are incorporated into these Terms by this reference. Furthermore, if Your use of the Services requires Us to process any personally identifiable information (“PII” or “Personal Information”), We shall do so at all times in compliance with Our Privacy Policy and all applicable data privacy laws. Additionally, You understand and agree that We may contact You via e-mail or otherwise with information relevant to Your use of the Services, regardless of whether You have opted out of receiving marketing communications or notices. Please review Our Privacy Policy for more information about how We collect, use and share Personal Information from or about Our users and customers.

5. Service Descriptions and Options

   5.1 In our increasingly remote work environment, We help You reliably retrieve Your laptops, monitors and other devices (collectively referred to throughout as a “device” or “devices”) from Your employees, former employees and other personnel (which We refer to in these Terms collectively as “employee(s)”). We allow You to manage and track the device return process from the point of Your Order until the return of the device to Your designated return address.

   We sell and make the Services available through this Site, and We also offer insurance from a third-party partner that You may select as an additional option as part of the Services. As of the Effective Date, Our Services exclusively involve device returns for employees located in the United States (including all fifty US states and the District of Columbia), but We may expand the Services to include an expanded list of devices and other geographical territories in the future.

   5.2 We Offer Two Service Options:

   • Our “Retail” or Starter Service Option: Our Retail Services involve a single or one-time use of the Services prepaid with a payment card (or by another agreed upon payment method) directly through this Site.

   • Our “Enterprise” Service Option: Our Enterprise Services involve direct access to Our Enterprise portal (the “Portal”) located at https://app.helloretriever.com with a device return tracking dashboard and other Enterprise features. If You select Our Enterprise Services option, we will provide you Enterprise Services (a) once You prepay for a quantity of device returns or a cash balance, or (b) via a pay-per-Order payment card option if, at our sole discretion, this option is enabled for Your Portal account. We may offer additional features and/or discounted device return rates via a monthly or annual subscription; our current subscription offerings and prices are described in the Portal and/or on this Site.

   However, regardless of whether customers select a single use device return using Our Retail Service option or choose to set up a Portal account to use Our Enterprise Services option, each device return Order includes:

   • A padded box with prepaid shipping to Your employee, a prepaid self-stick return label (no printer required!), packing/shipping instructions, tape, and (where relevant) a lithium battery sticker;

   • Email communications with Your employee regarding the status of the device return (if an email address is provided);

   • Tracking updates sent to Your company email address (if an email address is provided); and

   • Support if issues arise during the device return process (including device return box delivery issues)

   We may, in Our sole discretion, discontinue all or some of the Services (whether Retail, Enterprise, or subscription) or modify the features of the Services from time to time without prior notice.

6. Our Obligations

   6.1 Availability and Support.  We will use commercially reasonable efforts to make Our Site and the Services available 24x7x365. However, We do not provide express service level commitments or issue service credits if the Site and Services become unavailable. If You have a technical support or commercial question involving ordered Services, You can contact Our Support team at help@helloretriever.com. We will use commercially reasonable efforts to provide You a response (which may include a link to relevant information) within 72 hours of Your request during standard business hours (9am to 5pm, Pacific Standard Time). Your sole and exclusive remedy for any Service or Site unavailability or any failure on Our part to provide You a timely Support response is to terminate Your use of the Services and the Site.

   6.2 Our Responsibility for Your Data.  We will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to Content (as defined below in Section 7.3), in accordance with generally accepted industry standards. We will notify You if We become aware of an unauthorized access to Content. We will not access, view or process Content except (a) as provided for in these Terms and in Our Privacy Policy; (b) as authorized or instructed by You, (c) as required to perform Our obligations under these Terms; or (d) as required by law. We have no other obligations with respect to Content.

   6.3 Notices and Alerts. We make a variety of notices and alerts available to You regarding the delivery status of the Services. If You have provided Us with an employee email address, We will send a limited number of periodic reminder notices to that individual if the employee has not returned their device using the device return box We have delivered. You will also receive an email notice each time We send the employee a reminder. We are not responsible for Your employee’s fulfillment of the device return. We are also not responsible for any device return box delivery issues, and have fulfilled Our obligations with respect to the performance of Our Services once the device return box delivery process has been initiated (e.g., You have placed an Order, and We have shipped the device return box to the designated employee address).

   6.4 API Data Integration Option. If You select the Enterprise Services option, We may make available to You Our REST API (and certain development tools) that You can use to integrate certain third-party applications available from Your own platform with Our Enterprise Services. Device return Orders placed by way of the REST API will be billed against Your prepaid device return or cash balance, if any, or otherwise against a payment card on file. Device return Orders will produce an error if You have no remaining prepaid device return or cash balance and we are unable to bill a payment card on file. Customer may be required to maintain a payment card on file with Us in order to use and access the REST API. We may make additional REST API features and capabilities available to You in the future in updated REST API releases. Importantly, You are exclusively responsible for keeping REST API keys generated by You or users of Your Portal account confidential, secret, and secure and for ensuring that Your use of the REST API is up to date, as any unauthorized use can result in unintentional customer billing and activation of the Services. We may communicate with You (by way of email, notices in the Portal, or by other methods) when We release updates to Our REST API.

7. Your Obligations and Responsibilities

   7.1 Use Of Services. You may only use the Services pursuant to and in accordance with these Terms. You are solely responsible for Your and Your users’ use of the Services and shall abide by, and ensure compliance with, all laws in connection with Your and each user’s use of the Services, including but not limited to laws related to employment, intellectual property, and privacy. Use of the Services is void where prohibited.

   7.2 Registration Information. You may be required to provide information about Yourself, Your company and/or Your employees or other personnel, in order to register for and/or use certain Services. You agree that any such information shall be accurate, and You will inform us immediately of any updates or other changes to such information. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of Your user name and password and agree not to disclose Your user name and password to any third party.

   YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE AND THE SERVICES BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE OR SERVICES IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

   7.3 Your Content. You agree that You are solely responsible for the content, information, data, and Personal Information (“Content”) sent or transmitted by You and Your users or displayed or uploaded by You or Your users in using the Services and for compliance with all laws pertaining to the Content, including, but not limited to, laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third-party rights. You represent and warrant that You have the right to transmit the Content to Us and our Services and that such use does not violate or infringe on any rights of any third party. You also agree and acknowledge that You have secured all necessary consents and permissions to grant Us any and all necessary rights and licenses to use, access, process, and store the Content (and to permit Our sub-processors, service providers, suppliers and partners to exercise the same rights), solely and exclusively in connection Our provision of the Services.

   Under no circumstances will We be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although We are not responsible for any Content, We may delete any Content, at any time without notice to You, if We become aware that it violates any provision of these Terms or any law. You retain copyrights and any other rights You already hold in Content which You submit, post or display on or through the Services.

   7.4 Prohibited Use. You agree that You will not use, and will not permit any user to use, the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services; (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts Our networks, Your accounts, or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services; (vi) use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Ours or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or Our security systems; or (ix) use the Services in violation of any of Our policies or in a manner that violates applicable law, and You agree that You are solely responsible for compliance with all such laws and regulations.

   7.5 Limitations on Use. You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless You have been specifically permitted to do so under a separate agreement with Us. You may not offer or enable any third parties to use the Services purchased by You, display on any website or otherwise publish the Services or any Content obtained from the Services (other than Content created by You) or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services.

   7.6 Responsibility For End Users. You are responsible for the activities of all users who access or use the Services through Your Portal and/or Site account, and You agree to ensure that any such user will comply with these Terms and any of Our policies. We assume no responsibility or liability for any violations. If You become aware of any violation of these Terms in connection with use of the Services by any person, please contact Us at help@helloretriever.com. We may investigate any complaints and violations that come to Our attention and may take any (or no) action that We believe is appropriate, including, but not limited to issuing warnings, removing the Content or terminating accounts and/or user profiles. Under no circumstances will We be liable in any way for any data or other Content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or Content, or any loss or damage of any kind incurred as a result of any use of, access to, or denial of access to any data or Content.

8. Suspension Rights. We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice. We reserve the right to deny You access to this Site at any time, immediately and without notice, if You fail to comply with any provision in these Terms.

   We may suspend Customer’s or a user’s access to and use of the Service and related services if Customer breaches Section 7 (Your Obligations and Responsibilities), Section 18 (Eligibility), if Customer’s account is 10 days or more overdue or if Customer’s or user’s actions risk harm to other customers or to the security, availability or integrity of the Services. Where practicable, We will use reasonable efforts to provide Customer with prior notice of any suspension. Once Customer resolves the issue requiring suspension, We will promptly restore Customer’s and/or its user’s access to the Services in accordance with these Terms.

9. Electronic Communication. When You use this Site, or send emails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by email or by posting notices on this Site, in the Portal, or through Our other services. You agree that all agreements, notices, disclosures and other communication that We provide to You electronically satisfy any legal requirements that such communications be in writing.

10. Ownership. Neither party grants the other any rights or licenses not expressly set out in these Terms. Except for Retriever’s use rights under these Terms, between the parties, Customer retains all intellectual property and other rights in Your Content and other materials provided to Us. Except for Your use rights under these Terms, We and Our licensors retain all intellectual property and other rights in the Services and related technology, templates, formats and dashboards, including any modifications or improvements to these items made by Us. We may generate usage data and other platform analytics based on Your use of the Services (including Your use of the Portal and the REST API), and We may use this usage data to operate, improve, analyze and support the Services and for other lawful business purposes. If You provide Us with any feedback or suggestions regarding the Services or other of Our offerings, We may use the feedback or suggestions without restriction or obligation. 

    Retriever and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names (“Retriever Marks”) associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Retriever Marks, or other proprietary information (including images, text, page layout, or form) of Retriever without express written consent. You may not use any meta tags or any other “hidden text” utilizing Retriever Marks without Retriever’s express written consent.

11. Purchases from Us
    11.1 Charges And Cancellation. You agree that We may charge to Your credit card or other payment mechanism selected by You and approved by Us (“Your Account”) all amounts due and owing for the Services, including any agreed upon quantity of prepaid device returns or cash balance, taxes and service fees, or any other fee or charge associated with Your Account. We may change prices at any time; provided, however, that We will provide You with prior notice and an opportunity to terminate Your Account if We change the price of a Service to which You have prepaid fees unless You have been notified of the applicable new fees and agreed to pay such fees. You agree that in the event We are unable to collect the fees owed to Us for the Services through Your Account, We may take any other steps We deem necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Us in connection with such collection activity, including collection fees, court costs and attorneys’ fees. If You are entitled to use Our REST API, You must maintain an acceptable payment method with Us (including use of Your payment card) associated with Your Account. You further agree that We may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. You may cancel Your Account at any time. If You cancel, You will not be billed for any additional Services, and any remaining quantity of Services will continue until You have consumed all prepaid Services (e.g., Your device returns or cash balance have been fully utilized). If You cancel any prepaid Service option with a remaining balance, any refunds for unused prepaid Service fees or Your cash balance may be issued at Our sole discretion. Monthly and annual subscription fees are non-refundable.

    11.2 Taxes. Customer is responsible for any sales, use, goods and services, value-added, withholding or similar taxes or levies that apply to the Services and its Order Forms (“Taxes”), other than Our income tax. Services fees and expenses are made available to You exclusive of any applicable Taxes.

    11.3 Shipping and Handling. When We ship to You or, at Your direction, to another person, You agree to pay the shipping and any handling charges shown on Your Order. We reserve the right to increase, decrease and add or eliminate charges from time to time without prior notice, so You agree to check all charges before completing an Order Form.

    11.4 Payments. Only valid credit cards or other payment methods acceptable to Us may be used. By submitting Your Order, You represent and warrant that You are authorized to use the designated card or method and authorize Us to complete Your Order (including Taxes, shipping, handling and any other amounts described in Your Order) to that payment card or other agreed upon payment method. If the payment card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, Your Order may be suspended or cancelled automatically.

    11.5 Returns and Refunds. All returns and refunds are governed by Our “Return and Refund Policy”, which can be found at https://helloretriever.com/refunds.

    11.6 Order Processing Disclaimer. We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, pricing or other information will always be accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in Your Order confirmation, in processing Your Order, delivering the Services or otherwise, We reserve the right to correct such error and revise Your Order accordingly if necessary (including charging the correct price) or to cancel Your Order and refund any prepaid amounts charged. Your sole remedy in the event of such error is to cancel Your Order and obtain a refund. All payments processing in connection with Your use of the Services is conducted and performed on a third party payment processor’s website, subject to such third party’s terms of use and privacy policy.

    WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY AND RESPONSIBILITY FOR ANY ERRORS, ACTS OR OMISSIONS INVOLVING YOUR PAYMENTS FOR OUR SERVICES. WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO FACILITATE ANY CLAIMS YOU MAY HAVE WITH THE PAYMENTS PROCESSOR. RETRIEVER DOES NOT STORE, PROCESS OR ACCESS PAYMENT CARD DATA ON OR THROUGH THE SITE.

12. Insurance and Assumption of the Risk
    12.1 Insurance. We offer an insurance option that You can select at the time You place any Order for the Services. By purchasing the insurance option, You expressly agree to and acknowledge the EasyPost Shipping Insurance Conditions (or the terms and conditions of any other party from which We may offer You insurance), and You understand that any claims covered under Your insurance policy obtained through EasyPost (or other such party) will be filed directly with EasyPost or such other party following the guidelines in the EasyPost Shipping Insurance Conditions. You acknowledge that We are facilitating the purchase the insurance on Your behalf, and are not involved in providing insurance coverage or handling insurance claims. The extent of Our involvement in the event You choose to file an insurance claim will be to provide instructions for filing the claim with EasyPost (or other such party), as well as to provide any supporting documentation required by EasyPost (or other such party) that You cannot reasonably obtain without Our assistance (for example, a receipt for Your purchase of Our Services).

    12.2 Verification. You understand that We will require signature confirmation upon delivery for all insured device return packages. You understand that, for damage claims, EasyPost requires one or more photos of the insured packaged items (such as the packaged laptop or monitor) immediately prior to shipping, and that You are responsible for obtaining such photos and providing them to EasyPost in the event You choose to file a claim. We are not responsible for handling insurance claims, and We are not responsible for EasyPost’s decision on whether to pay any particular insurance claim.

    12.3 Insurance Indemnity. To the fullest extent permitted by applicable law, You agree to defend, indemnify and hold Us harmless and Our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants, from and against any claims, damages, costs, liabilities and expenses arising out of or related to Your purchase of insurance coverage in connection with Our Services, and any result (including, but not limited to, the decision of EasyPost, or other such party, to reject a claim) arising from or related to the filing of an insurance claim with EasyPost (or other such party).

    12.4 Tracking Coverage. In the Portal for Enterprise Services, We display on a per Order basis whether or not You have purchased insurance and, if so, how much coverage You have purchased. For Retail Services Orders, the Order confirmation email/receipt shows the amount of insurance purchased, if any.

    12.5 Assumption of the Risk. You agree that We are not liable for what happens to a device return box once We have shipped the box to the designated recipient, including, but not limited to, delays, damage, or loss by the shipping carrier of the empty box on its way to Your designated employee or the device return box that contains any items (including, but not limited to, laptop(s), charger(s), and monitor(s)) on its way back from the employee to Your designated return address. We also disclaim all responsibility and liability for acts or omissions of Your employee including i) the employee not returning the device return box and/or the desired contents to You, and ii) any and all damage to or loss of the device return box and/or its contents due to improper packing by Your employee or for any other reason.

    YOU AGREE TO ASSUME THE ENTIRE RISK OF LOSS OF THE ITEMS CONTAINED IN THE DEVICE RETURN BOX, AND WE WILL NOT PROVIDE ANY REFUNDS DUE TO DAMAGE TO YOUR PROPERTY, UNLESS A COURT OF COMPETENT JURISDICTION HAS DETERMINED THAT WE ACTED GROSSLY NEGLIGENT OR ENGAGED IN WILLFUL MISCONDUCT IN CONNECTION WITH OUR PERFORMANCE OF THE SERVICES.

13. Links. This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content, products, services or policies located on or through any such sites. Your use of the third party websites and any products or services You obtain through such third party websites are subject different terms of use and data collection policies as described on this Site. We are only responsible for this Site, these Terms and Our Privacy Policy.

14. Limited Warranty; Disclaimers
    14.1 Limited Warranty. We warrant to You that the Services will be performed materially as described on this Site and in Section 5 of these Terms (Service Descriptions) (the “Limited Warranty”).

    14.2 Warranty Remedy. If We breach the Limited Warranty and You make a reasonably detailed warranty claim within 30 days of Our performance of the relevant Service, then We will use reasonable efforts to correct the non-conformity. If We cannot do so within 60 days of Your warranty claim, either party may terminate the affected Order related to the non-conforming Service. We will then refund to You any pre-paid, unused fees for the terminated portion of the Services. These procedures are Your exclusive remedy and Our entire liability for breach of the warranties in this Section. These warranties do not apply to (a) issues caused by misuse or unauthorized modifications of the device return boxes; (b) issues in or caused by third party services or other third-party systems or (c) acts or omissions of the employee, insurance providers, payments processors or any third party supplier.

    14.3 Disclaimers; No Additional Warranties. EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE IN SECTION 14.1, YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS”, AND RETRIEVER, ITS AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL ADDITIONAL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. RETRIEVER, ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES (INCLUDING ANY DAMAGE TO LAPTOPS, CHARGERS, MONITORS OR ANY OTHER TANGIBLE PERSONAL PROPERTY). THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. RETRIEVER DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. RETRIEVER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK.

    EXCEPT AS EXPRESSLY PROVIDED, THIS SITE, INCLUDING ALL SITE CONTENT, ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

15. Termination. You may terminate the Terms at any time by closing Your Account, discontinuing Your use of the Services and this Site, and providing Us with a notice of termination. We reserve the right, without notice and in Our sole discretion, to terminate Your right to use this Site or any portion of this Site, to obtain new or additional Services, and to block or prevent Your future access to and use of this Site or any portion of this Site to obtain such Services.

16. General Indemnification. You agree to indemnify, defend and hold harmless Us, Our affiliates, officers, directors, employees, consultants, agents, and suppliers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from i) Your use of the Services and Your access to and use of this Site, the Portal, or the REST API ii) Your violation of these Terms or iii) the infringement or violation by You, or any other user of Your Account, of any intellectual property of third parties with respect to any Content You load onto Our Services, or for any violation of any other rights of any person or entity or of applicable law. We agree to promptly notify You of any third party claims, and cooperate with You in Your defense of such claims.

17. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RETRIEVER OR ITS AFFILIATES OR ITS SUPPLIERS OR PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR PROPERTY (INCLUDING YOUR HARDWARE DEVICES), OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF RETRIEVER, ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN ANY CASE, RETRIEVER’S, ITS AFFILIATES’, AND SUPPLIERS’ MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS AND YOUR USE OF THE SERVICES, WILL BE LIMITED TO THE LESSER OF: A) THE AMOUNT ACTUALLY PAID OR PREPAID BY YOU FOR THE SPECIFIC SERVICES INVOLVING ONE OR MORE IDENTIFIED DEVICES (IF ANY) OR B) ALL FEES ACTUALLY PAID OR PREPAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.

18. Eligibility. You affirm that You are at least 18 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. Your access may be terminated without warning if We believe that You are under the age of 18 or are otherwise ineligible. You also expressly acknowledge that if You are acting on behalf of a company, You have all necessary power and authority to bind Your legal entity to these Terms.

19. Remedies. You agree that Our remedy at law for any actual or threatened breach of these Terms would be inadequate and that We shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that We may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of Ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.

20. Use of Name and Logo. If you are a company, You consent to Our limited use of Your corporate name, logo and other trademarks on the Site in accordance with any logo and trademark usage guidelines You provide us for marketing purposes to promote the Services. From time to time, We may ask You for quotes or other marketing statements or materials which You may provide at your discretion.

21. Modifications to Site. We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.

22. Waiver and Severability. Failure by either party to exercise any of its rights under, or to enforce any provision of, these Terms will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of these Terms will remain in full force and effect.

23. No Third-Party Beneficiaries. These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

24. Choice of Law and Forum. These Terms shall be governed by and construed under the laws of the State of Utah, U.S.A., without regards to its conflict of law rules. The Parties consent to the exclusive jurisdiction and venue of the state courts located in and serving Salt Lake County, Utah and the federal courts in the District of Utah.

25. Miscellaneous. No agency‚ partnership‚ joint venture‚ or employment relationship is created as a result of these Terms‚ and You do not have any authority of any kind to bind Us in any respect whatsoever. We may provide You with notices‚ including those regarding changes to these Terms‚ by email‚ regular mail‚ or postings on this Site. These Terms, which shall be deemed accepted by You upon Your use of the Site‚ constitute the entire agreement among You and Us regarding use of this Site. These Terms are not assignable‚ transferable or sublicensable by You‚ except with Our prior written consent.

26. Questions. Questions regarding these Terms, Our Privacy Policy, or other policy related material can be directed to Our support staff by emailing us at: help@helloretriever.com.