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FOUNDio Terms of Service


BY ACTIVATING AND USING THE SERVICE AND/OR BY BECOMING AN AFFILIATE "Affiliate", YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT (this "Agreement"). IF YOU DO NOT AGREE TO THE TERMS OF THIS Agreement , YOU MAY NOT ACTIVATE OR USE THE SERVICE.

1. DEFINITIONS

"Company" means Foundio, LLC. "Service" means Foundio Self-Service Lost and Found service ("Foundio"). "You", "Your" means the natural person or the entity that is agreeing to be bound by this Agreement, their employees and third party contractors that provide services to you. "User" means the natural person that uses the Foundio service (this may or may not be the same person or entity as You). "Foundio" means a Software-as-a-Service (SAAS) available at http://www.foundio.com

2. TERMS AND CONDITIONS

2.1. AGE RESTRICTION. You must be 13 years of age or older to use this service.

2.2. Company grants to You a non-exclusive, non-transferable license, without rights to sublicense, to use the Service.

2.3. Service Warranty Disclaimer. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. Company BEARS NO LIABILITY FOR ANY DAMAGES RESULTING FROM USE (OR ATTEMPTED USE) OF THE PRODUCT.

2.4. You also agree that You will NOT without the express written authorization of Company

(a) copy, sell, sublicense, or otherwise transfer the Service to any third party;

(b) remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the software in the Service;

(c) except to the extent expressly permitted by applicable law, and to the extent that the Company is not permitted by that applicable law to exclude or limit the following rights, You will not decompile, disassemble, reverse engineer, or otherwise attempt to derivesource code from the Service, in whole or in part. You will not create a similar product or service, for free or for resale, based on the processes provided by Foundio.

2.6. SUPPORT AND SUBSCRIPTION SERVICES NOT INCLUDED. Company is not obligated to provide any support services under this Agreement.

2.7. TEXT CHARGES MAY APPLY. This service is not responsible for any charges related to text message or email delivery of notifications. You are responsible for entering your contact information including email address, text email address and phone number. If you enter a text email address you may be charged for messages sent by this system by your text messaging provider and the Company is not responsible for such charges.

2.8. AFFILIATES. As a user of Foundio with a valid Tag ID/email combination, You may choose to provide services like label generation and tagging designed to help others use Foundio. However, under no circumstances, are You allowed to charge any User for the Foundio service. There is no contractual or agency relationship between Company and You. Company reserves the right to revoke Your valid Tag ID status at any time. YOU MUST DISCLOSE AT THE TIME OF DELIVERING SERVICES THAT YOU ARE IN NO WAY REPRESENTING Company.

3. TERMINATION

3.1. This Agreement shall commence as of the date on which the submitted Tag ID registration request has been received by Company.

3.2. Termination. Company may terminate this Agreement at any time.

3.3. From time to time, Company may change the terms of this Agreement. Your continued use of the Service will indicate Your agreement to the change.

4. LIMITATION OF LIABILITY

4.1. Company PROVIDES THE SERVICE WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS Agreement OR COMMUNICATION WITH You. Company SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.

4.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Company BE LIABLE FOR ANY PERSONAL LOSS, INJURY, LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE.

4.3. IN NO EVENT WILL Company BE LIABLE FOR ANY PERSONAL INJURY ARISING FROM THE RECOVERY OF AN ITEM. You MUST EXERCISE CAUTION WHEN NEGOTIATING FOR THE RETURN OF AN ITEM FROM A FINDER. ALTHOUGH THIS SYSTEM PROVIDES WARNINGS ON MEETING STRANGERS TO RETRIEVE ITEMS, MINORS SHOULD ALWAYS NOTIFY A PARENT OR GUARDIAN BEFORE MEETING WITH A POTENTIAL FINDER THAT HAS CONTACTED You VIA THIS SERVICE.

5. GENERAL

5.1. Governing Law. This License Agreement shall be governed, construed and enforced in accordance with the laws of the United States of America and of the State of Maryland.

5.2. Entire Agreement. This Agreement constitutes the entire and only agreement between the parties for Service and all other prior negotiations, representations, agreements, and understandings are superseded hereby. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties.

5.3. Waiver and Modification. No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of those rights. This Agreement may only be modified, or any rights under it waived, by a written document executed by the party against which it is asserted.

5.4. Severability. If any provision of this Agreement is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this Agreement will not be affected.

5.5. Government Restrictions. This service is available only to residents or commercial entities registered in the United States or Canada.

5.6. All disputes arising out of or relating to this Agreement will be exclusively resolved under confidential binding arbitration held in Maryland. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Any litigation relating to this Agreement shall be subject to the jurisdiction of the Federal Courts of the state courts of the State of Maryland.

5.7. Title. Company retains all right, title, and interest in and to the Service and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights.

5.8. Moderation. Company does not actively moderate notifications but reserves the right to do so.

5.9. Contact Information. If You have any questions about this Agreement, or if You want to contact Company for any reason, please email support@foundio.com.



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