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Terms and Conditions

Terms and Conditions

Last updated: May 21, 2023

Please read these terms and conditions carefully before using Our Service.

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Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Country refers to: United States of America

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Dart Tech Services LLC

Device(s) means any device that can access the Service such as a computer, a cellphone or a digital tablet or is being used physically in Our services such as a laptop or computer accessories.

Service refers to the Website, or any products and services purchased through the Website.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to dartreturns, accessible from dartreturns.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

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Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

This is a Binding Contract. By accessing the site, utilizing its services, setting up an account or typing, clicking and checking “I Agree” you agree to be bound by these terms of service. If you are accepting these terms on behalf of your company or someone else, you declare that you have all necessary power and authority to accept and approve these terms on behalf of this legal entity.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

Insurance. We offer optional insurance you can purchase when ordering our service. By purchasing this insurance, you agree and acknowledge USPS Shipping Insurance Terms & Conditions (or the terms and conditions of any other party we may offer insurance from). In the event you need to make an insurance claim, you understand that all claims will be made directly with USPS or any other similar party providing the insurance service following USPS (or any other similar party providing the insurance service) guidelines as stated in the USPS Shipping Insurance Conditions (or any other similar party insurance conditions). By purchasing insurance through USPS (or any other similar party) You agree that any claims made and covered in the policy will be filed directly with USPS (or any other similar party) and We are not liable in providing insurance coverage or handling insurance claims. In the event You choose to file an insurance claim, Our sole involvement will be to give instructions for filing the claim, or to provide any supporting documents required by USPS (or any other similar party) that you cannot reasonably obtain without Our help (such as, a receipt for Your purchase of Our service). When You purchase insurance, You acknowledge that signature confirmation is required for delivery of all insured devices using Our service. You acknowledge for insurance claims USPS (or any other similar party) requires photos of the insured Devices / packaging immediately prior to shipping. You are responsible for obtaining any photos or additional documentation as deemed necessary by USPS (or any other similar party) in order to file a claim. We are not liable to payout any insurance claims. USPS is responsible for the decision on whether or not to payout an insurance claim.

To the fullest extent permitted by 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 related to Your purchase of Our services and any result (including, but not limited to, the decision of USPS, or any other similar party, to reject an insurance claim).

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

When using Our services, You acknowledge that We are not liable for any damage, delays, carrier loss of shipments at any step in the process of providing Services, including human error in packing the Devices or not returning all of the requested Devices. You assume all risk of loss of the Devices or items included in the packaging provided by these Services. We will not issue any refunds, compensation, or monetary remedy for the damage of Your Property.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Taxes and Payments

You the customer, are responsible for any sales tax, use tax, value-added, or similar taxes that apply to Our Services. Payment methods or credit cards acceptable to Us may be used to purchase Our Services. By submitting Your order for Our Service You agree that You are acting as the legitimate owner or authorized party of the credit card or payment method. We reserve the right to cancel any order of Our Service if the payment method or card is invalid or cannot be verified by Our third party payment provider.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: privacy@dartreturns.com

By visiting this page on our website.   

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