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Terms and Conditions INTRODUCTION Welcome to myfoundit.com. Found It™, an F3 Group, Inc. company and/or its affiliates (“Found It”) provides features, services and/or products to you and you are subject to the following conditions. If you visit, use or shop at myfoundit.com or its affiliated sites or retail outlets you accept these terms and conditions. Please perform your due diligence and read them carefully. PRIVACY Please review the Found It™ Privacy Policy, which also governs your visit to myfoundit.com COMMUNICATIONS When you visit myfoundit.com, enlist for our products or services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Found It™ will communicate with you via e-mail, text, voice calls, or by posting notices on myfoundit.com. In addition and in compliance with the inherent functionality of our service you may receive communications from unknown people via: e-mail, text, or voice calls attempting to contact you regarding potential loss of items. You understand and agree that Found It™ is not responsible for content of these communications and that these message are the freewill and intent of those recovering your personal belongings. You agree that all agreements, notices, disclosures and other communications that Found It™ provides to you electronically satisfy any legal requirement that such communications be in writing. COPYRGHT All content included on myfoundit.com, such as text, graphics, logos images, audio/visual clips is the property of Found It™ and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Found It™ and protected by United States and international copyright laws. TRADEMARKS Found It, F3 Group Inc., Identity secure, Identity-secure luggage tag, identity-secure bag tag, Identity protection.Item recovery.Peace of mind, Revolutionary, affordable way to protect your identity and recover lost belongings, we all have stuff … protect it. Secure, Affordable, Easy, Reliable and other myfoundit or Found It™ graphics, logos, page headers, button icons, scripts an service names are trademarks, registered trademarks or trade dress of Found It™ in the United States and/or other countries. Found It™ trademarks and trade dress may not be used in connection with any product or service that is not Found It’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Found It™ or myfoundit.com. All other trademarks not owned by Found It that appear on this site are the property of their respective owners, companies or affiliates, who may or may not be affiliated with, connected to, or endorsed by Found It™. PATENTS One or more patents or pending patents owned by Found It, an F3 Group, Inc. company apply to this site and the features and services accessible via the site. Portions of this site may operate under license of one or more patents. YOUR ACCOUNT When using the myfoundit.com site you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Found It™ products and services are intended for a diverse audience including children. If you are under 18, you may use myfoundit.com only with consent and guidance of a parent or guardian myfoundit.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. RISK OF LOSS All products purchased from Found It™ are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier. WARRANTY AND LIMIATION OF LIABILITY Myfoundit.com and inclusive products and services made available to you via myfoundit.com, an affiliate or a retail outlet are provided by Found It™, an F3 Group Inc. company on an “as is” and “as available” basis, unless otherwise specified in writing. Found It™ makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials products or services included on or otherwise made available to you, unless otherwise indicated in writing. You expressly agree that your use of myfoudnit.com is at your sole risk and responsibility. Certain state’s laws do not allow limitation on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers exclusions, or limitations may not apply and you may have additional rights under the governance of your particular state. Found It™ will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed $1,000 USD or the total price of the subject products paid or payable to you whichever is less. We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You and understand and agree that your use of this site is at your own risk. This Agreement contains the complete terms and conditions that apply to you. In joining and purchasing any product or service offered by Found It™ or one of its affiliates or subsidiaries and all other activities the user participates in, on the Found It™ website, or affiliated sites or physical retail locations. By using or shopping from the Found It™ site or affiliated retail locations, you agree to and are bound by the terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between Found It™ and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site. USE OF SITE & PROHIBITIONS The Site allows you to shop online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18 operating without parental or guardians consent, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) collecting information about users’ personal information. PAYMENTS AND PROCESSES OF INVIOCES Found It™ has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Found It™ prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card. Invoices are due immediately unless otherwise noted, in writing, on your invoice, measured from the date of the invoice. An order may be invoice separately. Found It has all the discretion to cancel or deny orders. Found It is not responsible for pricing, typographical, or other errors in any offer by Found It and reserves the right to cancel any orders arising from such errors. REFUND POLICY We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the applicable laws. PRODUCT PRICING & DESCRIPTIONS The List Price displayed for products on our website represents the full retail price listed on the product or service itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. In cases of mispriced in our catalogs in which the item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, your sole remedy is to return it in unused condition. EDITING, DELETION AND MODIFICATION Found It™ may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. ACKNOWLEDGEMENT OF RIGHTS You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the products, services or program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto. FRAUD FRAUDULENT ACTIVITIES are highly monitored on our site and if fraud is detected Found It shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities. CONFIDENTIALITY You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a program is proprietary information of Found It™. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner. NON-WAIVER Failure of Found It™ to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision. MISCELLANEOUS This Agreement shall be governed by and construed in accordance with the substantive laws of Seattle, Washington, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Seattle, Washington, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms |
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