DATE LAST REVISED: April 5, 2024
These Terms of Service (“Terms”) constitute a binding agreement between you and the REWIND Company, LLC (“REWIND,” “our,” “us,” or “we”), with respect to your access to or use of the Services (defined below). The Services are offered subject to your acceptance, without modification, of all terms and conditions as set forth herein.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICES OR ANY PORTION THEREOF IN ANY MANNER, OR BY PLACING ANY ORDER, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND BY SUCH OTHER TERMS, CONDITIONS, POLICIES, AND DOCUMENTS THAT MAY BE INCORPORATED HEREIN BY REFERENCE, INCLUDING, WITHOUT LIMITATION, OUR PRIVACY POLICY (COLLECTIVELY, THE “AGREEMENT”); (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE); AND (C) IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, REPRESENT AND WARRANT THAT YOU HAVE THE ORGANIZATIONAL AND LEGAL AUTHORITY TO ACCEPT THESE TERMS ON SUCH COMPANY’S OR OTHER ORGANIZATION’S BEHALF AND TO BIND SUCH COMPANY OR ORGANIZATION. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT ACCESS, USE, INSTALL, OR ORDER THE SERVICES.
THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, IN ACCORDANCE WITH THE TERMS OF THE “ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER” SECTION BELOW.
For information about REWIND’s data protection practices, please read our Privacy Policy, which is hereby incorporated into this Agreement. Our Privacy Policy explains how we treat your personal information when you utilize our Services.
REWIND offers logistics services to help businesses fulfill their transportation and shipping needs, which includes via operation of our Website, www.shiprewind.com/rewind/ (the “Website”) and other methods (collectively, the “Services”). By linking our customers to our vast network of national and international shipping providers, REWIND we increase the efficiency and effectiveness of our customers’ supply chain management.
REWIND expressly reserves the right to modify or discontinue the Services or any portion thereof, the offering of any information, goods, contents, products, services or otherwise, with or without notice. REWIND shall not be liable to you or any third party, should REWIND exercise its express right to modify or discontinue the Services or any portion thereof.
All information and content provided via the Services, whether explicitly market or not, is the property of REWIND. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation, software, their related files and their arrangement on the website.
All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “marks”), whether explicitly marked or not, used on the Website is owned by REWIND.
You must not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, or otherwise use any information, software, services, content or marks available on the Website in any form or by any means for any commercial use, including by using any information storage or retrieval system, without the express written permission of REWIND. You may, however, copy, print or otherwise use the information or content provided on the Website solely to the extent that the use is for your personal, educational or internal business use only and provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association by you with any services, product, brands or affiliates through the use of any information or content. Other use of any information, software, services, content or marks, except as expressly permitted in these terms and conditions or in a written instrument signed by REWIND, is strictly prohibited. You may not disassemble, decompile, reverse engineer, reconstruct, discover, reuse or modify any source code or underlying algorithms of any information, software, services or content available on Website. You may not use REWIND’S marks in connection with any product or service that is not REWIND’S or in any manner that is likely to cause confusion. Nothing in these terms or conditions or on the website grants, or should be construed as granting, any rights with respect to any marks.
You must not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather information or content available on the Website, or reproduce or circumvent the navigational structure or presentation of the Website, without Seamless’ express prior written consent. You must not interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available, including by hacking or defacing any portion of the Website; or violate any requirement, procedure or policy of such servers or networks.
Nothing contained in these Terms of on the Website shall confer or be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest (a) of any third party or with respect to any third-party information, software, services or content; or (b) of REWIND or with respect to any REWIND information, software, services or content, except as expressly set forth above.
You are prohibited from creating a hyperlink to any page or portion of the Website or framing any page or portion of Website without the prior written permission of REWIND.
Any use of the information, content or marks available on the Services that does not comport with these Terms shall be an unauthorized use and shall subject you to civil and criminal penalties as provided by applicable U.S. and international intellectual property laws.
YOUR USE OF THE SERVICES, INCLUDING THE WEBSITE, IS AT YOUR OWN RISK. ALL INFORMATION AND CONTENT ON THE WEBSITE AND AVAILABLE VIA THE SERVICES IS PROVIDED “AS IS” OR “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. REWIND DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SERVICES, THE WEBSITE OR ANY OTHER MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Without limiting the above disclaimers, REWIND, its officers, directors, agents, managers, affiliates, employees, subsidiaries, affiliated companies, joint partners, licensors, licensees or service providers (1) make no warranties or representations whatsoever concerning the Services, the Website, the access to, or the availability or use of, the Services, the Website, the information and content from whatever source posted on or referred to in the Website or any other Internet site or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, the Website, the Services, or any other Internet site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the Website, the Services, or any other Internet site is, or the information, software, services or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any services or products listed on, or accessed through, the Website or the Services will be available for purchase or not withdrawn at any time and make no representation or warranty of any kind whatsoever concerning such products or services; and (4) do not represent or warrant the accuracy, functionality, specifications or any other aspect of items from whatever source posted or accessed through the Website or the Services. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Information or content available on the Website or the Services may describe goods and services that may not be available in certain jurisdictions. Inclusion of such information or content is not a representation or warranty by REWIND that such goods and services will be available to you. Contact a REWIND representative to discuss the availability of such goods and services in your jurisdiction. You are responsible for ensuring that your use of any goods or services complies with all applicable laws.
IN NO EVENT WILL REWIND, ITS OFFICERS, DIRECTORS, AGENTS, MANAGERS, AFFILIATES, EMPLOYEES, SUBSIDIARIES, AFFILIATED COMPANIES, JOINT PARTNERS, LICENSORS, LICENSEES OR SERVICE PROVIDERS BE LIABLE TO ANY PARTY FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SERVICES, THE WEBSITE, OR ANY OTHER HYPERLINKED SITE INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR HANDLING SYSTEM OR OTHERWISE ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITE, OR THE INFORMATION, SOFTWARE, SERVICES OR CONTENT THEREOF, EVEN IF SEAMLESS, ITS SUBSIDIARIES, AFFILIATED COMPANIES, JOINT PARTNERS, LICENSORS, LICENSEES OR SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND THE. IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF REWIND, ITS SUBSIDIARIES, AFFILIATED COMPANIES, JOINT PARTNERS, LICENSORS, LICENSEES OR SERVICE PROVIDERS, ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, OR ANY USE OF THE WEBSITE, THE OR ANY OTHER HYPERLINKED SITE, EXCEED FIFTY U.S. DOLLARS ($50).
IF YOU SHOULD HAVE A DISPUTE WITH A THIRD PARTY, REWIND IS IN NO WAY LEGALLY RESPONSIBLE FOR ANY CLAIMS IN LAW OR EQUITY; DEMANDS; OR ACTUAL, CONSEQUENTIAL, INCIDENTAL, NOMINAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY TYPE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH SUCH CLAIM, DEMAND, OR DISPUTE.
IN NO EVENT SHALL REWIND, ITS OFFICERS, DIRECTORS, AGENTS, MANAGERS, AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, ACTUAL, CONSEQUENTIAL, NOMINAL OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN LAW OR ANY DAMAGES CAPABLE OF REMEDY AT EQUITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, MATERIALS OR SERVICES OR INFORMATION PROVIDED BY THIRD PARTIES.
Notwithstanding anything to the contrary set forth in this Section, in the event a subsequent agreement entered into in connection with your use of the services provides for terms with respect to limitation of liability that is contradicted by this section, the terms with respect to limitation of liability set forth in such subsequent agreement will control and supersede this section with respect to such particular services.
Further, notwithstanding the foregoing, some of the exclusions of certain warranties and/or the limitation and/or exclusion of warranties may not apply to you, as some jurisdictions do not allow it.
You agree, as additional consideration for your use of the Services, to fully indemnify and hold harmless REWIND Logistics and its officers, employees, agents, affiliates, partners, licensors, parents and subsidiaries from and against any demand or claim, including reasonable attorneys’ fees, made by any third party due to or arising out your use of the Services, your connection to the Services, your violations of these Terms, any content you submit, post, transmit or otherwise make available through the Services, or your violation of any rights of another.
This Website, the materials, and the services are provided on an “as is” basis, without warranty of any kind, whether express or implied. You expressly agree that use of this site, the materials and/or the services or otherwise is at your sole risk. REWIND expressly disclaims any and all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement as to any materials, information, or other content on the site.
REWIND does not represent or warrant that the information, materials, or other content on the site is accurate, complete, reliable, current, or error-free. REWIND Logistics is not responsible for typographical errors or omissions relating to pricing, photography, text, or other content. REWIND and its officers, employees, agents, affiliates, partners, and licensors are not responsible for you, and you are solely and exclusively responsible for any damage to your computer, any loss of data, and any other negative consequences that may arise out of your use of our Services and materials accessed, via download or otherwise, from the Website. Any materials—including, without limitation, information, records, reports, and research—accessed, via download or otherwise, through the Website, are accessed at your sole and exclusive risk and discretion.
REWIND AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, LICENSORS, PARENTS, AND SUBSIDIARIES MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT (i) THE SERVICES, INCLUDING WITHOUT LIMITATION MATERIALS PROVIDED TO YOU THROUGH THE SERVICES (e.g., INFORMATION, RECORDS, REPORTS AND RESEARCH) WILL BE ERROR-FREE, ACCURATE, TIMELY, SECURE, RELIABLE OR UNINTERRUPTED, FREE FROM VIRUSES, BUGS, DEFECTS OR DEFICIENCIES; (ii) THE SERVICES WILL MEET YOUR REQUIREMENTS; (iii) ANY SERVICES PURCHASED AND/OR ORDERS FULFILLED AND/OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES WILL BE DELIVERED TO YOU IN A TIMELY MANNER, IN WHOLE OR IN PART, OR AT ALL; WILL CONFORM TO THE SPECIFICATIONS SET FORTH IN ANY ORDER, IN WHOLE OR IN PART; OR WILL OTHERWISE MEET YOUR EXPECTATIONS; (iv) THE SERVICES PURCHASED AND/OR THE ORDERS FULFILLED AND/OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES WILL YIELD ANY PARTICULAR RESULTS FOR YOU; AND (v) ANY ERRORS IN THE SERVICES AND/OR THE SOFTWARE WILL BE CORRECTED.
Notwithstanding anything to the contrary set forth in this Section, in the event a subsequent agreement entered into in connection with your use of the services provides for warranties contradicted by this section, the warranties set forth in such subsequent agreement will control and supersede this section with respect to such particular services.
No information, advice, or instructions—regardless of form of communication—provided to you from REWIND Logistics (whether through use of the services or from REWIND’S officers, employees, agents, partners, or licensors) will create any warranty other than those expressly set forth in these Terms and Conditions.
All disputes arising out of or related to this Agreement or the Services or any aspect of the relationship between you and Seamless, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury, and REWIND and you each hereby waive the right to trial by a jury. You agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (currently accessible at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879) as amended by these Terms. Any arbitration hearing will be held in Columbus, Ohio. The applicable governing law will be as set forth below (provided that with respect to arbitrability issues, federal arbitration law will govern). The arbitrator’s decision will follow the terms of this Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
Notwithstanding any choice of law or other provision in these Terms, you and REWIND agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Illinois.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Commercial Demand for Arbitration at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Ohio and will be selected by the parties from the AAA’s roster of commercial dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
The arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. An arbitrator’s decision shall be final and binding on all parties. An arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. The party who prevails in arbitration will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Arbitration Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in the state or federal courts in Columbus, Ohio and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
You and REWIND hereby expressly submit to the personal jurisdiction of the State of Ohio located in Franklin County or the United States District Court for the Southern District of Ohio (and any courts of appeal respectively there from). The parties hereby expressly waive, to the fullest extent permitted by law, any objection that they may now or hereafter have to the laying of venue of any such litigation brought in any such court referred to above, including without limitation any claim that any such litigation has been brought in an inconvenient forum.
Class Action and Jury Waiver. You and REWIND each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and Anipanion that this class action waiver is unenforceable, the arbitration agreement set forth above will be void as to you. If for any reason a Claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Regardless of any statute, law, regulation or otherwise to the contrary, and claim or controversy arising out of or related to the use of the Services or Website must be filed within one year after such claim or controversy arose. Failure to file such claim or controversy within the allotted one year shall be forever barred.
PUBLICITY. Either party may issue press releases to announce the relationship formed herein and the Services being offered. Each press release prepared shall be submitted to the other party for approval. Such approval may be withheld for any reason.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties in respect of the Services. Any modifications to these Terms of Service must be made in a writing executed by both parties, by your online acceptance of updated terms, or after your continued participation in the Services after such terms have been updated by REWIND.
RIGHTS CUMULATIVE. The rights and remedies provided herein and in all other agreements, instruments, and documents delivered pursuant to or in connection with these Terms, and by applicable law are cumulative and are in addition to and not exclusive of any other rights or remedies provided by law.
SEVERABILITY. The provisions of these Terms of Service are severable. If any clause or provision hereof shall be held invalid or unenforceable in whole or in part in any jurisdiction, then such invalidity or unenforceability shall affect only such clause or provision or part thereof in such jurisdiction and shall not in any manner affect such clause or provision in any other jurisdiction or any other clause or provision in these Terms in any jurisdiction.
SUCCESSORS AND ASSIGNS. You may not assign any of your rights or responsibilities hereunder without first receiving the prior written consent of REWIND.
HEADINGS. The section headings contained in these Terms are included for convenience only, and shall not limit or otherwise affect the terms of these Terms and Conditions.
RELATIONSHIP OF THE PARTIES. Nothing in these Terms is to be construed as creating an agency, partnership, or joint venture relationship between the parties.
AUTHORITY. You represent and warrant that by accepting these Terms and/or using the Services in any way, that you are not breaching any duty or obligation to any third-party and that the person executing these Terms on behalf of it is the duly authorized representative of such party and authorized to bind it to the terms of these Terms.
We reserve the right, at our sole discretion, to alter or change these Terms and conditions at any time. Any modifications will become effective when posted on the Website. No such modifications will apply with respect to any claim that arose prior to the date on which the modifications were posted. By using the Website after any changes in these terms and conditions are made, you are agreeing to be legally bound by the terms and conditions as amended. Therefore, you should revisit this page frequently to determine the present terms to which you are legally bound.
REWIND may terminate your right to use the Website without cause at any time and effective immediately. Without limiting the foregoing, REWIND may terminate your right to use the Website immediately and without notice for violation of any part of these terms and conditions. In the event of any such termination, the restrictions on your use of the material on the Website shall survive such termination, and you acknowledge that you will continue to be bound by those terms.