This agreement describes the terms of service by which you, the user (“User“), agree to abide while using the functionality contained within the web site (“Site“) provided by Newgistics, Inc. (“Newgistics“).

This web site and its associated functionality are provided solely for the use of current and potential Newgistics customers. It may not be used by any other person or entity, or for any other purpose. The use of automated inquiry devices to obtain information through this Site is strictly forbidden. In order to provide the User with exceptional customer service, personal information may be gathered and stored which allows Newgistics to customize the content provided.

User agrees to use the Site only for the purpose in which it was intended. Further, User agrees to provide all information provided to Newgistics on the Site will be true, accurate, current and complete. User also agrees that User will not use, misappropriate information from, or interfere with the operation of, the Site in any way.

Newgistics, at its discretion, may update, change or delete, with limitation, any of the information, graphics, products, features, functionality, services, and links (collectively, the “Content“) located in or on the Site without notice to User. User's subsequent viewing or use of the Site will constitute User's agreement to, and acceptance of, any updates, changes or deletions.

Newgistics may discontinue, suspend or modify the Site at any time without notice. Newgistics may also block, terminate or suspend User’s account and User’s access to the Site at any time for any reason in its sole discretion, even if access continues to be allowed to others.

The Site and its associated Content are protected by United States and international copyright, trademark and other laws. © 1999- 2008 Newgistics, Inc. All rights reserved. Any suggestion or idea regarding Newgistics, the Content or this Site proposed by User through this Site will not be considered confidential, and Newgistics will be free to use or employ any such suggestion or idea free of any restrictions. Specifically, Newgistics does not convey to anyone, through allowing access to this Site, any ownership rights in Newgistics, the Site or in any Content appearing on or made available through the Site.

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS“ NO WARRANTY, REPRESENTATION, CONDITION OR TERM OF ANY KIND ARE EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND USER’S ABILITY OR INABILITY TO USE THE SITE AND ITS CONTENT. UNDER NO CIRCUMSTANCE DOES NEWGISTICS WARRANT DATA PROVIDED BY THIRD PARTIES INVOLVED WITH THE DELIVERY OF THE SERVICE.

USE OF THIS SITE AND ITS CONTENT IS AT USER’S SOLE RISK. NEWGISTICS WILL IN NO EVENT BE LIABLE TO USER OR ANY PERSON OR ENTITY CLAIMING THROUGH USER FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE THE SITE AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF USER HAS ADVISED NEWGISTICS OF THE POSSIBILITY OF SUCH DAMAGES.

User hereby releases, and agrees to indemnify and hold harmless Newgistics and its subsidiary corporations and their respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out User's use or viewing of the Site and its Content.

There are links on the Site that allow Users to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Newgistics. Newgistics makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. Newgistics has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. Users should research and assess the risks that may be involved in accessing and using any software on the Internet before using it.

All personal information collected on this site is subject to Newgistics’ Privacy Policy. For additional information regarding the Privacy Policy, please view the full policy at http://returnscenter.smartlabel.com/privacy.asp.

This Agreement and Users’ use of the Site is governed by and construed in accordance with the laws of the United States and the State of Texas, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible. Any cause of action with respect to Newgistics or this Agreement must be instituted with one (1) year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Travis County, Texas.

This Agreement may not be changed or modified without the prior written consent of Newgistics.