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TERMS & CONDITIONS

(INCLUSIVE OF PRIVACY POLICY AND DATA USE POLICY)

 

YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS OUR SERVICES IN ANY MANNER. 

 

If You accept or agree to these Terms and Conditions of Use, Privacy Policy and Data Use Policy ( hereinafter collectively “TOS”) on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity to these Terms and Conditions of Use and, in such event, “You” and “Your” will refer and apply to that company or other legal entity in addition to You.

 

Terms and Conditions of Use

Effective Date: 11/1/2023

 

The purpose of this terms of use agreement is to set forth the terms and conditions under which RevUp Technology, LLC and/or its affiliated companies (collectively, “RevUp Technology”, “we”, “us” or “our”), make our Internet website (“Site”) and related software-as-a-service platform (“Platform”), as well as any products and services made available thereon, including but not limited to our shipping insurance policies provided by Insure Ship d/b/a Online Shipping Insurance Services, Inc. (“OSIS”) (the “OSIS Policy”) and services (collectively, the Site, Platform, OSIS Policy, and other products and services made available through the Site and Platform, the “Services”) and the content and materials available on the Services (the “Content”) available to consumers/the general Site users (“You”, “Your” and/or “Consumers”) and the conditions under which such Consumers may have access to and use such Services and Content.

 

Please read this document carefully before using our Services or Content.

 

By accessing or using the Site and/or Services, clicking on a button or taking any other action to signify Your acceptance of the TOS, or completing our account registration process, You: (1) agree to be bound by the TOS and any future amendments and additions to the TOS as published from time to time through the Site; and (2) represent You are of legal age in Your jurisdiction of residence to form a binding contract with RevUp Technology. 

 

Your use of, and participation in, certain Services, including Shipping Insurance Policies may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the TOS or will be presented to You for Your acceptance when You sign up to use the supplemental Service. If the TOS are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service in all matters except the liability of RevUp Technology for any provision of Services or responsibility or liability for the provision of, use of, or liability for those Services. The TOS and any applicable Supplemental Terms are referred to herein as the “Agreement.” The TOS include the provisions in this document, as well as those in the RevUp Technology Privacy Policy. RevUp Technology may modify the TOS at any time from time to time without prior notice and such modification shall be effective: (1) for Users who first use the Site affected by such modification after the posting, or upon posting by RevUp Technology on the Website or (2) for existing Users, thirty (30) days after posting by RevUp Technology on the Website. If You do not agree to the modification, You must cease Your use of RevUp Technology services immediately as the only recourse is to cease using the Services.

 

The TOS incorporate RevUp Technology’s Privacy Policy and Data Use Policy.  

 

RevUp Technology reserves the right to update and upgrade our product offerings in our sole discretion, including, without limitation.

 

 

Use of Services and Content

 

RevUp Technology makes available to You applications designed to enhance Your e-commerce and online shopping experience. Our software applications are built as an add-on to a merchant’s existing online storefront, offering value-added features. Through our software applications, RevUp Technology can offer Consumers the opportunity to add insurance protection to their shipments.  Upon an election to protect their shipments with RevUp Technology, consumers will receive a link from OSIS should it become necessary to file such a notice of loss for insured prodcuts.

 

In order to access certain features of the Site and Services, You may be required to register an Account (as defined below) and become a Registered User with OSIS. For the purposes of this Agreement, a “Registered User” is a User who has registered for any Account. When registering an account for the OSIS Insurance (“Account”), You agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Data”) and to promptly update the Registration Data thereafter as necessary to keep it current. You represent that You are not barred from using the Services under any applicable law and that You will be responsible for all activities that occur under Your Account. You may not authorize any third party (other than, if applicable, the employees, consultants or agents of the corporate member You represent) to access or use OSIS Services on Your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under Your user ID or password. You agree to immediately notify OSIS and RevUp Technology of any unauthorized use of Your user ID or password or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of Your account. You acknowledge and agree that You have no ownership or other property interest in Your Account and that all rights in and to Your Account are owned by and inure to the benefit of OSIS and RevUp Technology.

 

RevUp Technology and/or our affiliated companies and are protected under U.S. copyright, trade secret, trademark and patent law as well as international treaty provisions, with all rights reserved. RevUp Technology App and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of RevUp Technology, LLC and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. Any future release, update, or other addition to the Services and/or Content shall be subject to these Terms of Use. RevUp Technology, its suppliers, and its service providers reserve all rights not granted in the TOS.

 

Restrictions on Use of the Services

 

Except as authorized herein or with our prior written approval, You are prohibited from copying, modifying, displaying, distributing, transmitting, transferring, redelivering, publishing, selling, marketing, renting, leasing, licensing or sublicensing, creating derivative works, or otherwise using or making available to any third party/parties any of our Content for any purpose. Systematic retrieval of data from any of our Services or the Content thereon to create or compile, directly or indirectly, a collection, compilation, database or directory, unless with our express written permission, is prohibited. You agree that You will not, directly or indirectly, reverse engineer, decompile, reproduce or otherwise attempt to derive source code, trade secrets, or other intellectual property from any information, material, or technology included on any of our Services or in the Content. Any attempt to do so is a violation of our rights, and if You breach this restriction, You may be subject to prosecution and damages. Finally, You are strictly prohibited from accessing and/or using the Services or any Content to develop, or have a third party develop, a product or service that is similar or competitive to the services provided by RevUp Technology.

 

Uninsurable Risks

 

At OSIS or RevUp Technology’s discretion, consumers who violate these terms and conditions or who otherwise pose an unacceptable risk of loss as determined by OSIS and RevUp Technology may be designated as an uninsurable risk. Following proper notification of such designation, OSIS or RevUp Technology may rescind the insurance product from affected individuals and/or orders and any collected premium will be refunded. If you would like to dispute a designation, please 

contact us at RevUp Technology.com.

 

Discover Affiliate Terms

 

You will indemnify, defend and hold RevUp Technology harmless, at Your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (and Our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such action is based upon or arises out of (a) Your participation in the RevUp Technology insurance program, (b) Our use of the Marks or Materials (as defined below) that You provided to us, or (c) Your noncompliance with or breach of the TOS.

 

Affiliate Trademark and Intellectual Property Rights

 

If You are a Merchant or other commercial enterprise (or are acting on behalf of such person), during the Term of this Agreement, You hereby consent to and grant a limited, revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free, worldwide license to RevUp Technology to use Your trademarks, trade names, service marks, trade-dress, and other marks (collectively “Marks”) and other designations, copyrights (including photographs and other images), data (including product catalogs or user signals), or other materials (collectively “Materials”), including, at Our discretion, for the purpose of advertising, marketing and promoting Your brand and products online or in Our mobile application(s).

 

You shall retain all right, title and interest in and to Your Marks and Materials. If in the course of exercising its right to use the Marks and Materials as specified herein, RevUp Technology acquires any goodwill in the Marks and Materials, all such goodwill shall automatically vest in the owner of the Marks and Materials without any separate action, payment or other consideration of any kind, and, upon request, RevUp Technology shall, at the other party’s expense, take all such actions and execute all such documents as may be necessary to effect such vesting in the owner of the Marks and Materials.

 

OSIS Insurance

 

A summary of the OSIS Policy can be found at https://wamapps.io/pages/policy-coverage-terms.   Shipping Protection is subject to and strictly limited by the terms of the OSIS Policy.  RevUp Technology offers insurance which is an OSIS unique brand and is “powered by Online Shipping Insurance Services, Inc.”

 

In order for RevUp Technology to extend shipping protection to a consumer, RevUp Technology’s licensed producer (OSIS) procures a cargo insurance policy via authorized insurance underwriters (“the Underwriters”) and the Underwriters designate RevUp Technology as the named insured. The Policy extends coverage to online purchases that are lost or damaged while in transit or “porch pirated” (meaning the carrier reports the status as “delivered” but the parcel has been stolen from the delivery address and a police report has been filed) where the transportation of such purchases is tracked. RevUp Technology’s offer of shipping protection provided by OSIS is not intended to provide insurance to You or Your customers directly for any shipment not specifically designated in the OSIS policy.

 

Consumers cannot file a claim on behalf of a customer unless specifically requested by that customer. OSIS may require evidence of the customer’s request before processing the claim.

RevUp Technology Shipping Protection Policy does not cover the following without a specific written amendment from RevUp Technology (collectively the “Policy Exclusions”):

Automobiles and Motorcycle; Glass windows, plate glass and similar goods; Bagged Goods; Jewelry (valued in excess of $5000); Boats & Yachts; Live Animals; Cass; Lumber; Ceramic, marble or granite tiles, slab blocks, countertops or statues; Negotiable Papers; Cigarettes and Other Tobacco Products; Perishable Commodities; Computer memory modules & Cards; Pharmaceutical Drugs; Cotton; Precious Stones and Metals; Fine Arts (valued in excess of $5,000 per piece); Scrap Metal; Steel Metal and Steel Metal Products; Flowers; Securities; Fresh foods (excepting frozen beef and pork in refrigerated containers); Used Household Goods and Personal Effects.

 

RevUp Technology is limited in liability for any one loss and this insurance shall not cover more than: $5,000 any one shipment, $5,000 any one package or shipment (“Shipping Protection Limit”).

 

Any shipments that exceed RevUp Technology’s Shipping Protection Limit will not be covered by RevUp Technology Shipping Protection. If for any reason payments are billed/collected for shipments that exceed the Shipping Protection Limit, the excess amount will be returned to the subscriber. RevUp Technology Shipping Protection attaches from the time the covered goods commence transit and/or are located anywhere incidental to transit and continues during the ordinary course of transit until transportation terminates at final destination or the assured’s interest ceases, whichever occurs first.

 

All fees paid for the Services are non-refundable and non-transferable except as may be expressly provided in the TOS. 

 

You should carefully read Your policy and should a claim be filed, it must comply with all OSIS terms and conditions as well as those set forth herein by Shitpection.

 

Should the claim be approved, it will be deemed to be in full settlement and satisfaction of all claims and demands by the customer (inclusive of individual consumers and Consumers, the “Claimant”). In consideration of this payment, the Claimant does hereby release and discharge OSIS, RevUp Technology, and each of their respective principals, executives, agents, employees, representatives, successors, assigns, subsidiaries, and affiliated companies, from any and all further claims existing and/or arising in the future relating to the above-referenced merchandise.

 

Shipping protection is not included with any other RevUp Technology product or service and does not extend shipping protection to orders, shipments, or merchandize other than as paid for by Subscriber or its customers on a per transaction basis under a current OSIS Package Protection subscription; RevUp Technology is not otherwise liable for any losses, or reimbursement or reorder obligations, to Subscriber or its customers in respect of any orders, shipments, or merchandise.

 

Intellectual Property

 

We own and retain all right, title, and interest in and our Services (except for any licensed content and software components included therein). You agree not to reverse engineer, decompile, distribute, license, sell, transfer, disassemble, copy, alter, modify, or create derivative works of our Services or otherwise use our Services in any way that violates the use restrictions contained in these Terms of Use. We do not grant You any license, express or implied, to any of our intellectual property or that of our licensors. You further acknowledge and agree that any information regarding the design, “look and feel”, specifications, components, functionality or operation and payment terms and pricing (if applicable) of our Services is considered our confidential and proprietary information (collectively “Confidential Information”).

 

You retain all right, title and interest in and to (a) all graphics, images, files, data and other information transmitted by You to RevUp Technology in connection with Your use of our Services and (b) reports and other materials generated by our Services following such transmission (collectively, “Member Data”), provided, however, that You hereby grant to us a permanent, worldwide, royalty-free, non-exclusive license to use (i) data generated as a result of Your use of our Services solely for purposes of (x) maintaining and improving our Services and (y) providing You with access to special product offers and promotions and (ii) non-identifiable, anonymous, aggregated data regarding Your use of our Services compiled by us.

 

Our graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of RevUp Technology in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission. We also reserve the right to determine and control all aspects (including all functionality) of the Service and our trade dress, as well as the right to re-design, modify and remove any or all aspects of them. You shall retain all right, title and interest in and to all of Your logos, promotional graphics and related marketing designs (collectively, the “Member Art”), provided, however, that You hereby grant to us a permanent, worldwide, royalty-free, non-exclusive license to use the Member Art, as well as Your corporate and/or trade name, for purposes of fulfilling its obligations hereunder and marketing our products and services to third parties.

General Prohibitions.

 

Your use of the Services is further subject to the following additional restrictions:

 

You represent, warrant, and agree that You will not contribute any content or otherwise use our Services or interact with our Services in a manner that:

Infringes or violates the intellectual property rights or any other rights of anyone else (including us); Violates any law or regulation, including any applicable export control laws; Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; Jeopardizes the security of Your RevUp Technology account or anyone else’s (such as allowing someone else to log in to our Services as You); Attempts, in any manner, to obtain the password, account, or other security information from any other user; Violates the security of any computer network, or cracks any passwords or security encryption codes; Runs Maillist, Listserv, any form of auto-responder or “spam” on our Services, or any processes that run or are activated while You are not logged into our Services, or that otherwise interfere with the proper working of our Services (including by placing an unreasonable load on our Services’ infrastructure); “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to our Services or Content (through use of manual or automated means); Copies or stores any significant portion of the Content; Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to our Services. A violation of any of the foregoing is grounds for immediate termination of Your right to use or access our Services.

Digital Millennium Copyright Act Notice

 

If You believe that Your intellectual property rights have been violated by something on our Services, please contact us and provide the following information:

 

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of or a representative list of the work You believe has been infringed; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact You; A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Indemnification

 

You agree to indemnify and hold RevUp Technology, its parents, subsidiaries, affiliates, officers, employees, contractors, agents, business partners, and licensors (collectively, the “RevUp Technology Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your misuse of the Services; (b) Your violation of this Agreement; (c) Your violation of any rights of another party, including any Users; or (d) Your violation of any applicable laws, rules or regulations. RevUp Technology reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with RevUp Technology in asserting any available defenses. You agree that the provisions in this Section will survive any termination of this Agreement or Your access to Services.

 

Disclaimer of Warranty

 

Your use of any of our services and any of the content, including but not limited to services, policy information, graphics, text and hyperlinks or references to other websites, is at your sole risk. To the maximum extent permitted by law, we hereby disclaim all warranties in connection with our services and the content. Our services and all content is provided “as is”, “as available” with all faults and without warranty of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Further, we do not make any other representations or warranties that our services or content will meet your requirements, be uninterrupted or free from errors, that any errors will be corrected, or that the services or content will be free from malicious software, viruses or other harmful components. Further, we do not warrant or make any representations regarding the use or results of the use of the services or any of the content, nor the adequacy, accuracy or completeness of the services or any content or any of the information, products or services provided through the services or content. No oral or written information given by any party shall create any such warranties. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you. In new jersey, the above disclaimer of the implied warranties of merchantability and fitness for a particular purpose does apply to you but does not limit our liability for a violation of a statutorily imposed duty.

 

Limitation of Liability

 

To the fullest extent permitted by law, we expressly disclaim, and you agree not to hold us responsible for, any losses, damages, injuries, claims or other liability of any kind, whether in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, punitive or special damages, including without limitation damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or in any way connected with your accessing or using or inability to access or use all or any part of any of our services or any of the content, or your reliance on such services and/or content, or any failure of performance, error, interruption, defect, delay in transmission, computer viruses or other harmful components or content, or line or system failure associated with such services and/or content, regardless of our negligence and/or knowledge thereof.

 

Under no circumstances will RevUp Technology be liable to you for more than the greater of (a) the total amount paid to RevUp Technology by you during the one-month period prior to the act, omission or occurrence giving rise to such liability and (b) the remedy or penalty imposed by the statute under which such claim arises. The foregoing cap on liability shall not apply to liability of RevUp Technology for any injury caused by a RevUp Technology party’s fraud or fraudulent misrepresentation.

 

The law in certain states, including Florida, may not allow the disclaimer or exclusion of any or all of such liability, and as such, the above limitations may not apply to you. In new jersey, this provision does not limit or exclude our liability for our own intentional torts, willful or reckless conduct, gross negligence, or violation of a statutorily imposed duty.

 

Termination

 

At its sole discretion, RevUp Technology may modify or discontinue the Services, or may modify, suspend, or terminate Your access to the Services, for any reason, with or without notice to You and without liability to You or any third party. RevUp Technology will not be responsible for refunding or otherwise paying any funds, amounts or credits that may be owed to You if we have suspended or terminated Your permission to use the Services. In addition to suspending or terminating Your access to the Services, RevUp Technology reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after Your right to use the Services is terminated, this Agreement will remain enforceable against You and unpaid amounts You owe to RevUp Technology for any purchases will remain due.

 

International Users

 

Services can be accessed from countries around the world and may contain references to services and content that are not available in Your country. These references do not imply that RevUp Technology intends to announce or promote the availability of such services or content in Your country. Services are controlled and offered by RevUp Technology from its facilities in the United States of America. RevUp Technology makes no representations that Services are appropriate or available for use in other locations. Those who access or use Services from other countries do so at their own volition and are responsible for compliance with local law.

 

Dispute Resolution

 

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires You to arbitrate disputes with RevUp Technology and limits the manner in which You can seek relief from us.

 

You agree that any dispute or claim relating in any way to Your access or use of the Services, to any products sold or distributed through the Services (including any RevUp Technology Policy), or to any aspect of Your relationship with RevUp Technology, will be resolved by binding arbitration, rather than in court, except that (1) You may assert claims in small claims court if Your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) You or RevUp Technology may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.

 

IF YOU AGREE TO ARBITRATION WITH RevUp Technology, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST RevUp Technology ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST RevUp Technology IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.

 

Arbitration Rules and Forum

 

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to our registered agent: THE SCHWA PROPERTIES, LLC., 4660 NEW BROAD STREET, ORLANDO, FL 32814. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsdr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that You cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, RevUp Technology will pay them for You. In addition, RevUp Technology will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, RevUp Technology will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

 

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where You live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of You and RevUp Technology. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms of Use (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and us.

 

YOU AND RevUp Technology HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and RevUp Technology are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in this section. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Terms of Use as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

 

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding anything to the contrary herein, (a) representative action for public injunctive relief may be arbitrated on a class basis and (b) in the event that the foregoing sentence is deemed invalid or unenforceable with respect to a particular class or dispute for recovery of damages, neither You nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in the Exclusive Venue section below.

 

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of Your decision to opt out to the following address: Marvin Rannells, P.A., 22 Linden Avenue, Wheeling, WV  26003, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include Your name and address, the email address You used to set up Your Account, and an unequivocal statement that You want to opt out of this Arbitration Agreement. If You opt out of this Arbitration Agreement, all other parts of these Terms of Use will continue to apply to You. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that You may currently have, or may enter in the future, with us.

Privacy

 

We collect and retain certain personal information from a variety of different data subjects including our workforce, vendors, merchant- and consumer-customers, and visitors to and users of our online and mobile resources.

 

We use the personal information we collect only in the manner and through the means allowed by applicable law. That means we determine whether we have a lawful basis / legitimate business purpose to use your personal information before doing so. As stated in applicable law, such lawful bases/legitimate business purposes include receiving express consent, operating our business, performing a contract, and complying with a legal obligation. More specifically, we use the personal information but, we do not sell or rent personal information.  We may share personal information with other corporate affiliates who may use that information in the same way as we can under this statement.

 

We use the personal information collected as may be reasonably necessary to provide, inform you about, and improve, our shipping protection service.  We may disclose personal information to government authorities and to other third parties when compelled to do so by such government authorities, or at our discretion, or otherwise as required or permitted by law, including responding to court orders and subpoenas.  We may disclose personal information when we have reason to believe that someone is causing injury to or interference with our rights or property or harming or potentially harming other persons or property.  

 

We also share personal information with those of our vendors and business partners who need it to perform under the contracts we have with them. For instance, the insurance brokers and carriers who are involved in the issuance of the policies used in our shipping protection services may require that we share your personal information with them in order to cover your purchases.

 

As part of our Security Program, we have adopted standards for those vendors and business partners who receive personal information from us, as reflected in our written contracts. These standards include the expectation that when we share personal information with vendors and business partners, they will comply with all applicable privacy and data security laws and regulations as well as our Security Program. We also expect that they will contractually require and cause their subcontractors and agents to do the same.

 

For any personal information our vendors and business partners process or store at their own locations, we further expect them to use a technology infrastructure that meets, at least at the facilities level, the minimum recognized standards for security controls. Such recognized standards include those published by the International Standards Organization, the National Institute of Standards and Technology, or any reasonably equivalent standards.

 

Please note that we cannot guarantee that all of our vendors and business partners will agree to the above-described contractual requirements, nor can we ensure that even when they do agree they will always fully comply.

 

RevUp Technology tracks and insures e-commerce orders. The tracking and insurance services are offered as add-on features (“Features”) on retailer websites. Prior to offering the Features to your customers on your website (“Consumer-Customers”), you entered into our Agreement and allowed us to collect from you certain data related to your end users, including but not limited to your personnel, such as their name, email address and payment information (“Merchant-Customer Personal Data”). We act as the controller of Merchant-Customer Personal Data. 

 

When we act as the controller of Merchant-Customer Personal Data, or as the joint or independent controller of Consumer-Customer Personal Data, we process it in furtherance of our legitimate interests such as issuing your end user’s or Consumer-Customer’s log-in credentials, accepting and processing payments, securing and improving our System, providing the Features you agreed to in our Agreement to your website Consumer-Customers, and detecting and preventing fraud. We do not sell any personal data to third parties, use it for any purpose other than as stated in the preceding sentence, nor do we use it for automated decision making. We share Merchant-Customer and Consumer-Customer Personal Data with other parties for the reasons described herein. 

 

We afford access to the data subject information and related rights described in our privacy statement. To the extent Merchant-Customer or Consumer-Customer Personal Data includes the personal information of your workforce or personal information that you collect directly from your Consumer-Customers, it is entirely your responsibility to ensure you have a legitimate interest or other appropriate lawful basis to collect it, and to further ensure that the notices and other required portions of this DPA are provided to those affected individuals. 

 

We do, however, make a variation from the above described terms (including the privacy statement terms to which we stated herein) if the Merchant-Customer or Consumer-Customer Personal Data we share/transfer is strictly limited to business contact information. Business contact information is exempt from all or substantially all of the requirements of certain data privacy laws including the CCPA. 

 

We act as your processor when you use the feature of our System that allows you to store Consumer-Customer Personal Data on our Systems. The subject-matter of our processing is the Consumer-Customer Personal Data you provide to us. The duration of our processing is at your discretion, generally commensurate with the duration of your contractual relationship with us. The nature and purpose of our processing is limited to storage for retrieval by you except where data is anonymized and aggregated and used to improve the Services. We do not typically conduct read-access to Consumer-Customer Personal Data in connection with the provision of the System. The types of personal data processed are determined by you, as are the categories of data subjects who become your Customer-Consumers. All of our processing of Customer-Consumer Personal Data further adheres to the following obligations:

 

We will implement appropriate technical and organizational measures in such a manner that our processing on your behalf will meet the requirements of applicable law.  We will not engage another processor (sometimes called a “subprocessor”) without your prior specific or general written authorization. In the case of general written authorization, we will inform you of any intended changes concerning the addition or replacement of other processors, thereby giving you the opportunity to object to such changes.  We will ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; 

 

We will notify you without undue delay after becoming aware that there has been a breach of the security of our systems leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to the Personal Data, for which we qualify as a processor, transmitted, stored or otherwise processed. 

 

By continuing to use RevUp Technology services following the Effective Date of this TOS, Participant will have affirmatively manifested its intent to be bound to the terms and subject to the conditions of this privacy statement.

 

Miscellaneous

 

The communications between You and RevUp Technology use electronic means, whether You visit Services or send RevUp Technology e-mails, or whether RevUp Technology posts notices on Services or communicates with You via e-mail. For contractual purposes, You (1) consent to receive communications from RevUp Technology in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications related to these Agreement that RevUp Technology provides to You electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document. The foregoing does not affect Your statutory rights.

 

This Agreement, and Your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by You without RevUp Technology’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

 

RevUp Technology shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

 

To the extent the parties are permitted under this Agreement to initiate litigation in a court, both You and RevUp Technology agree that all claims and disputes arising out of or relating to this Agreement or the Services will be litigated exclusively in the state courts located in Orlando, Florida or federal courts located in the Middle District of Florida.

 

This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of Florida, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

 

Where RevUp Technology requires that You provide an e-mail address, You are responsible for providing RevUp Technology with Your most current e-mail address. In the event that the last e-mail address You provided to RevUp Technology is not valid, or for any reason is not capable of delivering to You any notices required/ permitted by this Agreement, RevUp Technology’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to RevUp Technology at the following address: RevUp Technology App, Inc c/o Marvin Rannells, P.A., 22 Linden Avenue, Wheeling, WV  26003. Such notice shall be deemed given when received by RevUp Technology by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

 

Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.​

 

If any portion of these Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

 

This Agreement are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

RevUp Technology is a registered business in Florida, USA.

 

These Terms of Use incorporate the TOS, when either or both of (i) the Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the “GDPR”) or (ii) the California Consumer Privacy Act of 2018 (“CCPA”) apply to your use of the Services to process the categories of data defined in the TOS.  The TOS is effective as of September 01, 2022 and replaces and supersedes any previously agreed data processing addendum between you and RevUp Technology relating to the processing of data regulated by the GDPR or CCPA.

 

RevUp Technology reserves the right to update and upgrade our product offerings in our sole discretion, including, without limitation.

 

Apple Specific Terms and Conditions

 

In addition to Your agreement with the foregoing terms and conditions, You acknowledge and agree to the following provisions with respect to Your use of the iPhone, iPad or iPod Touch compatible version of the licensed mobile application (also called the “Licensed Application”).

 

This Licensed Application is an agreement between You and us. Apple Inc. (“Apple”) is not a party to these Terms and does not own and is not responsible for the Licensed Application. Apple is not providing any warranty for the Licensed Application, except if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Licensed Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Licensed Application, including, without limitation, any third party product liability claims, claims that the Licensed Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Licensed Application, including those pertaining to intellectual property rights, must be directed to us at the address provided in the ‘Contact Us’ section of the Licensed Application.

 

The license You have been granted herein is limited to a non-transferable license to use the Licensed Application on any iPhone, iPad or iPod Touch device that You own or control, as permitted by the usage rules set forth in the App Store℠ Terms of Service. In addition, You agree to comply with the terms of any third party agreement that is applicable to You when using the Licensed Application, such as Your wireless data service agreement. You hereby represent and warrant (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

 

You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms and that, upon Your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms of Use agreement against You as a third party beneficiary thereof.

 

Apple, iPhone, iPad, and iPod Touch are trademarks of Apple Inc., registered in the U.S. and other countries. Apple Watch is a trademark of Apple Inc. App Store is a service mark of Apple Inc.

 

Alphabet (Google/Android) Specific Terms and Conditions

 

In addition to Your agreement with the foregoing terms and conditions, You acknowledge and agree to the following provisions with respect to Your use of the Android compatible version of the licensed mobile application (also called the “Licensed Application”).

 

This Licensed Application is an agreement between You and us. Alphabet Inc. (“Alphabet”) is not a party to these Terms and does not own and is not responsible for the Licensed Application. Alphabet is not providing any warranty for the Licensed Application, except if applicable, to refund the purchase price for it. Alphabet is not responsible for maintenance or other support services for the Licensed Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Licensed Application, including, without limitation, any third party product liability claims, claims that the Licensed Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Licensed Application, including those pertaining to intellectual property rights, must be directed to us at the address provided in the ‘Contact Us’ section of the Licensed Application.

 

The license You have been granted herein is non-exclusive, worldwide, and perpetual to perform, display, and use the Licensed Application on the device. In addition, You agree to comply with the terms of any third party agreement that is applicable to You when using the Licensed Application, such as Your wireless data service agreement.

 

You hereby represent and warrant (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

 

You acknowledge and agree that Alphabet and Alphabet’s subsidiaries are third party beneficiaries of these Terms and that, upon Your acceptance of the terms and conditions of these Terms, Alphabet will have the right (and will be deemed to have accepted the right) to enforce these Terms You as a third party beneficiary thereof.

 

RevUp Technology’s use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

 

Alphabet, Google, Google Play, Android and other marks are trademarks of Alphabet Inc., registered in the U.S. and other countries.

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