Terms and Conditions - Pollen Returns

Terms of Use

Last Updated: September 15, 2023

1. Welcome

Welcome to the Pollen Technologies, Inc. website at https://pollenreturns.com/ (the “Site”).

Please review these Terms of Use carefully. By using this Site, these Terms of Use become a binding legal commitment between you (“you,” “your,” “yours”) and Pollen Technologies, Inc. (“Pollen Technologies” “we,” or “us”), the operator of the Site. Sometimes in these Terms of Use we call you and us a “party” or together, the “parties.” There are other defined terms throughout these Terms of Use. You can tell if a term is defined if it has quotation marks around it. Except for when we refer to you/your/yours, us/we/ours, or party/parties, defined terms are capitalized when used again in the Terms of Use.

IN THESE TERMS OF USE, YOU TO AGREE TO RESOLVE ANY DISPUTE WITH US THROUGH BINDING ARBITRATION OR SMALL CLAIMS DISPUTE PROCEDURES (UNLESS YOU OPT OUT), AND TO WAIVE YOUR RIGHTS TO PARTICIPATE IN ANY CLASS ACTION SUIT OR A JURY TRIAL AS PROVIDED IN SECTION 8.

By using this Site, you agree to all of the terms and conditions in these Terms of Use. We reserve the right to update or modify these Terms of Use at any time. We encourage you to read the Terms of Use whenever you use the Site. If you do not agree to these Terms of Use, do not use this Site.

2. The Site and its Contents

Our Ownership of the Site and the Contents

Unless otherwise noted, the Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content (collectively, the “Content“), are owned, controlled, or licensed by us. Between you and us, we own all right, title, and interest to the Site and the Content, all components and derivative works of the Site and the Contents, all feedback related to the Site and the Content, and all copyrights, patents, trade secrets, trademarks, and other intellectual property rights pertaining to any aspect of the Site or the Content. You acquire no ownership interest, derivative work, or component of the Site or the Contents through your use of them.

The following trademarks and service marks and the designs associated with the marks and logos are registered with the US Patent and Trademark Office and in some cases also registered in other countries: “Pollen Returns”. You are not granted any right, title, or interest to use any trademark, service mark, logo, or trade name of Pollen Technologies under these Terms of Use.

Errors, Inaccuracies, and Omissions

The Site and the Content may contain typographical, technical, photographic, or other errors, inaccuracies, or omissions, including but not limited to product descriptions, pricing, promotions, offers, services and availability, as applicable. We do not guarantee that the Content on our Site is accurate, complete, or current. We have the right, but not the obligation to correct any errors, inaccuracies, or omissions. We reserve the right to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

Accessibility

We have designed this Site with accessibility for our customers with disabilities in mind. If you notice any Content, feature, or functionality of the Site that you believe is not accessible to people with disabilities, please email us at help@pollenreturns.com with the words “Disabled Access” in the subject line and provide a description of the specific feature or function you feel is not accessible or a suggestion for improvement. Please note that we can’t guarantee that we will make the changes you suggest.

Changes to the Site

You acknowledge that the Site and the Contents, including any product, price, service or feature, may be updated, removed, or otherwise be subject to change in our sole discretion and without notice to you. You agree that we will not be liable to you or any third party for any change, suspension, or discontinuance of the Site, the Contents, or any product or service offered through the Site.

Third-Party Links and Services

The Site may include links, integrations, or connections to third-party websites, applications, or services. This inclusion does not imply review or endorsement by us; you proceed at your own risk to a third-party website, application, or service. We do not warrant, and are not responsible for, the services, products, statements, or claims made by or about a third party, or the actions or omissions of any third party. You must review and comply with any third-party terms of service or other provisions.

3. Your Use of the Site

Your Permitted Use

The Site is provided as a service to our customers in the United States. The materials on our Site are not available for use outside of the United States. If you use our Site from locations outside of the United States, you are responsible for compliance with any applicable local laws. You must be 18 years of age or older to use the Site or access Pollen’s services. The Site and the Content is intended solely for personal, non-commercial use. You may download one copy of the Site or the Content for your personal use, provided copyright, trademark, or other proprietary notices are not changed or deleted.

Your Feedback and Comments

If you provide us with feedback or comments via the Site or any other method, you grant us a perpetual, royalty-free, worldwide license and right to copy, publish, distribute, translate, edit, remove, and otherwise use your feedback or comments in any form or medium, without restriction. You may not repost, republish, or redistribute feedback or comments you provide to us. We have the right, but do not assume any responsibility to review, screen, or approve feedback or comments. We have no obligation to keep your feedback or comments confidential, to pay you any compensation for your feedback or comments, or to respond to any feedback or comments. You are solely responsible for any feedback and comments you make and their accuracy and legality. We take no responsibility and assume no liability for any feedback or comments posted or transmitted by you or a third party.

Your Personal Information

Your submission of personal information through the Site or by any other method is governed by our Privacy Policy, which is incorporated into these Term of Use by this reference. You agree that we may use, disclose, and maintain personal information according to our Privacy Policy and any changes to the policy published by us.

Prohibited Uses

You will not do any of the following in connection with the Site or the Contents, collectively the “Prohibited Uses”:

Copy, publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way any of the Content or the Site
Post or transmit libelous or otherwise unlawful, abusive, or obscene material
Interfere with another user’s use and enjoyment of the Site
Violate any law or any rights of any third party, including any copyright, trademark, privacy, or other personal or proprietary right
Use or export the Site, the Content, or the products in violation of US export laws and regulations
Attempt to gain unauthorized access to the Site, computer systems, or networks related to the Site
Use a false email, create a false identity, or attempt to mislead others as to the identity of the origin of any feedback, comments, or other data or communications
Interfere with or disrupt the integrity or performance of the Site or attempt to bypass, exploit, defeat, or disable limitations or restrictions placed on the Site
Transmit material containing viruses, malware, or other harmful or deleterious computer code, files, scripts, agents, or programs
Decompile, disassemble, or reverse engineer the Site, or attempt to obtain or perceive the source code from which any component of the Site is compiled or interpreted

Suspension of Your Access

We may suspend your account or access to the Site immediately and indefinitely if we, in good faith, believe: that you have materially breached any provision of these Terms of Use; that you are using the Site in a manner that threatens the security, integrity, or reliability of the Site; that there has been unauthorized access or fraud related to your account or the Site; that information in your account or provided in connection with the Site is untrue or inaccurate; or that the provision of the Site (or a portion thereof) will expose us or you to legal, regulatory, or compliance risk.

4. Disclaimers and Limitation of Liability

EXCEPT AS EXPRESLY WARRANTED BY US, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, THE CONTENT, AND THE PRODUCTS AND/OR SERVICES, AS APPLICABLE, ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY. We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We expressly disclaim any warranties of security of data. We do not warrant or make any representations concerning the accuracy, completeness, or usability of the Site or the Content. We expressly disclaim any warranty related to third-party websites or other third-party content that may be accessed through the Site. We make no warranty or representation on the basis of trade usage, course of dealing, or course of performance. The Site may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. We are not responsible for any delays, delivery failures, or other damages resulting from such problems.

WE HAVE NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES. To the fullest extent permitted by law, you agree to limit claims for damages (or other monetary relief) against us to direct and actual damages regardless of the theory of liability. This means that you will not seek any indirect, incidental, special, consequential, treble, or punitive damages from us. These disallowed damages include, but are not limited to, damages arising out of unauthorized access to, loss, or theft of your account, information, or data, lost profits, costs of delay, failure of delivery, business interruption, costs of procurement of substitute goods, services, or technology, or liabilities to third parties arising from any source.

WE ARE NOT LIABLE FOR DAMAGES OUT OF OUR CONTROL. You agree that we are not liable for delays, problems, or damages caused by you or a third party, by any act of nature, by any act beyond our reasonable control (for example, war, terrorist acts, labor disputes, government actions, pandemics), or by any criminal activity by someone unrelated to us.

YOU AND WE AGREE TO LIMIT THE DEADLINE TO BRING CLAIMS. To the fullest extent permitted by law you and we each agree that all claims related to these Terms of Use must be brought within 2 years of the date the claim arises (even if applicable law provides for a longer statute of limitations).

ALL OF THESE LIMITATIONS IN THIS SECTION 6 APPLY: regardless of the cause of the damages, including negligence by us or our third-party providers, licensors, or suppliers; even if we have been advised of the possibility of such damages; without regard to whether other provisions of these Terms of Use have been breached or proven ineffective; and to any claims you may bring against any third party to the extent that we would be required to indemnify that third party for such claim.

YOU AND WE WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS OF LIABILITY. The limitations of liability in this Section 6 constitute an important part of these Terms of Use and are among the reasons you and we are willing to enter into the agreements in these Terms of Use.

5. Indemnification

You agree to defend, indemnify, and hold us, our affiliates, and our third-party providers, licensors, and suppliers, along with our and their respective directors, officers, employees, and agents, harmless from any claims, damages, losses, or costs (including reasonable attorneys’ fees and expenses) arising out of your use of the Site or your breach of any representation, warranty, or other provision of these Terms of Use.

6. Disputes and Claims

Informal Dispute Resolution

For any and all disputes or claims you have, you must first give us an opportunity to resolve your claim by sending a written description of your claim by email to help@pollenreturns.com. You agree that you may not commence any arbitration or court proceeding unless you and we are unable to resolve the claim within 60 days after we receive your claim description and you have made a good faith effort to resolve your claim directly with us during that time.

Binding Arbitration and Small Claims Court

YOU AND WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THESE TERMS OF USE, OUR PRIVACY POLICY, OUR SITE, OR OUR PRODUCTS AND/OR SERVICES, AS APPLICABLE, WILL BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT. This includes any claims against other parties relating to the Site, the Contents, or products (such as our third-party providers, licensors, and suppliers) whenever you also assert claims against us in the same proceeding. You and we each also agree that these Terms of Use affect interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern the enforceability of this dispute resolution provision (despite the general choice of law provision set forth below). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THESE TERMS OF USE AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).

Your Choice to Opt Out

Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE YOU CREATED YOUR ACCOUNT (OR FIRST ACCESSED THE SITE, IF YOU HAVE NOT CREATED AN ACCOUNT) (the “Opt Out Deadline”). You may opt out of these arbitration procedures by sending a notice with the subject “Opt Out of Arbitration” by email to help@pollenreturns.com, by postal mail to 3355 Lenox Rd. NE Atlanta GA 30326, or by courier to 3355 Lenox Rd. NE Atlanta GA 30326. Any opt-out received after the Opt Out Deadline will not be valid and you will be required to pursue your claim in arbitration or small claims court.

Arbitration and Small Claims Court Procedures

If we are unable to resolve your claim within 60 days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings. To begin arbitration, you must send a written letter requesting arbitration and describing your claim to our registered agent at Pollen Technologies, c/o The Corporation Trust Company, Corporation Trust Center 1209 Orange St., Wilmington, New Castle, DE 19801 and to the American Arbitration Association (“AAA”). You may download or copy a form of notice and a form to initiate arbitration at www.adr.org or by calling 1-800-778-7879. The arbitration of all disputes will be administered by the AAA under its Consumer Arbitration Rules in effect at the time the arbitration is commenced, except to the extent any of those rules conflicts with these Terms of Use, in which case these Terms of Use will govern. The AAA rules are available at www.adr.org. If the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. The arbitration of all disputes will be conducted by a single arbitrator, who will be selected using the following procedure: (a) the AAA will send the parties a list of five candidates; (b) if the parties cannot agree on an arbitrator from that list, each party will return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA will appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. Payment of all filing, administration, and arbitrator fees will be governed by the AAA rules. If you initiate the arbitration, you are required to pay AAA’s initial filing fee; but we will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county of residence or in New Jersey (unless the arbitrator finds that either the substance of your claim or the relief sought in your demand for arbitration was frivolous or was brought for an improper purpose). An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs. If we are the prevailing party, we may seek reimbursement of reasonable attorneys’ fees and costs in arbitration unless prohibited under applicable law.

Class Action Waiver

YOU AND WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION. YOU MAY CHOOSE TO PURSUE YOUR CLAIM BY CLASS ACTION IF YOU OPT OUT OF THIS CLASS ACTION WAIVER WITHIN 30 DAYS FROM THE DATE YOU CREATED YOUR ACCOUNT (OR FIRST ACCESSED THE SITE, IF YOU HAVE NOT CREATED AN ACCOUNT) (the “Opt Out Deadline”). You may opt out of this Class Action Waiver by sending a notice with the subject “Opt Out of Class Action Waiver” by email to help@pollenreturns.com, by postal mail to 3355 Lenox Rd. NE Atlanta GA 30326, or by courier to 3355 Lenox Rd. NE Atlanta GA 30326. If we believe that any claim you have filed in arbitration or in court is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this Class Action Waiver. If a court or arbitrator determines in an action between you and us that any part of this Class Action Waiver Section is unenforceable with respect to any claim, the arbitration agreement and Class Action Waiver Section will not apply to that claim, but they will still apply to any and all other claims that you or we may assert in that or any other action. If you opt out of the Class Action Waiver as specified above, this Class Action Waiver Section will not apply to you. You cannot be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.

Jury Trial Waiver

If a claim proceeds in court rather than through arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Notice and Procedure for Making Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under US copyright law. If you believe that materials we host on or through the Site or the Contents infringe upon your copyright rights, you may request that the material be removed or that access to it be blocked. If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Your notice or counter-notice to us must include all of the following:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
A description of the copyrighted work that you claim has been infringed upon
A description where the material that you claim is infringing is located on the Site
Your address, telephone number, and email address
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

Notices and counter-notices must meet the statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before submitting a notice or counter-notice. Please be aware that there can be substantial penalties for false claims. DMCA notices and counter-notices for the Site should be sent by email help@pollenreturns.com, by postal mail to 3355 Lenox Rd. NE Atlanta GA 30326, or by courier to 3355 Lenox Rd. NE Atlanta GA 30326.Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

7. General

Choice of Law

These Terms of Use are governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of New Jersey, without regard to the conflicts of laws rules. Foreign laws do not apply. Arbitration or court proceedings must be brought in New Jersey or the state or jurisdiction in which your billing address in our records is located, but not outside of the United States.

Notices

You may deliver notices to us by email to help@pollenreturns.com. If you are commencing an arbitration or legal proceeding against us, you must send notice of the arbitration or legal proceeding to our registered agent at The Corporation Trust Company, Corporation Trust Center 1209 Orange St., Wilmington, New Castle, DE 19801. We may deliver notices to you via email, mail, or electronic means using the contact information in your account, your last order with us, or by posting the notice on the Site. Electronic notices are considered delivered when sent or posted. Postal notices are considered delivered 3 days after mailing. Notices delivered by a nationally recognized courier (for example, UPS and FedEx) are considered delivered when received.

Electronic Communications and Signatures (E-Sign) Consent

We may need to provide you with certain communications, notices, agreements, billing statements, or disclosures (“Communications”) in writing regarding the Site or our products. You agree and consent to receive Communications electronically from Pollen Technologies, our affiliates, and our third-party service providers, rather than in paper form, and to the use of electronic signatures in our relationship with you (“E-Sign Consent”). You also acknowledge and agree that you have the ability to receive Communications electronically. You should maintain copies of electronic Communications from us by printing a paper copy or saving an electronic copy. You may withdraw your consent to receive Communications electronically at any time by sending us a notice specifying your request to the email, postal, or courier address in the Notices Section above. If you choose to withdraw your consent, we may terminate your account or access to the Site.

Text Message Consent

By providing your mobile number to us you agree to receive text messages from us. In addition, by providing your mobile number and clicking “I agree” to the marketing text message consent, you consent to receive text messages from us for marketing and promotional purposes and you consent to us using automatic telephone dialing systems to send text messages to you. You understand that you do not have to consent to receive text messages for marketing purposes in order to make any purchases in connection with our products and services, and your consent is not a condition of purchase. You may receive recurring text messages and site abandonment reminder messages. Standard message and data rates may apply. You may withdraw your consent to receive marketing or automated text messages at any time by sending us a notice specifying your request to the email, postal, or courier address in the Notices Section above. If you chose to withdraw your consent, you will still receive text messages for informational and transactional purposes, including automated text messages related to the security of your account.

Waiver

You and we cannot waive any provision of these Terms of Use except in a writing signed by you and us. Our failure to insist on or enforce strict performance of any provision of these Terms of Use or any of our rights is not a waiver of any provision or right.

Severability

If any part of these Terms of Use is held invalid or unenforceable, that part may be severed from these Terms of Use to the minimum extent necessary to cure such invalidity or unenforceability.

Amendment

We reserve the right to amend these Terms of Use at our discretion and at any time. When we do, we will post the revised terms on the Site with a new “Last Updated” date. Your continued use of the Site following the posting of changes constitutes your acceptance of such changes and the Terms of Use as amended. We encourage you to visit this page regularly for any changes.