CONSUMER PRODUCT RECOVERY AND FINANCE COMPANY, INC, d.b.a.
LOSTANDFOUND.COM FEED TERMS OF SERVICE
THIS DOCUMENT GOVERNS THE TERMS AND CONDTIONS (THE
"TERMS") UNDER WHICH YOU MAY ACCESS AND USE THE APPLICATION
PROGRAMMING INTERFACE THAT IS MADE AVAILABLE BY CONSUMER PRODUCT RECOVERY AND
FINANCE COMPANY, INC, D.B.A. LOSTANDFOUND.COM (THE "FEED"). BY USING THE FEED,
YOU ACCEPT AND AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DISAGREE
WITH ANY OF THE FOLLOWING TERMS, CONSUMER PRODUCT RECOVERY AND FINANCE COMPANY,
INC, d.b.a. LOSTANDFOUND.COM DOES NOT GRANT YOU A LICENSE TO USE THE FEED.
CONSUMER PRODUCT RECOVERY AND FINANCE COMPANY, INC,
D.B.A. LOSTANDFOUND.COM FEED SERVICE DETAILS
A.
The FEED Service.
The
FEED consists of certain service protocols that enable You to display certain
results provided by Consumer Product Recovery and Finance Company, Inc, d.b.a.
LostAndFound.com through the FEED ("Results") on Your website, in
Your application, or in Your other product expressly authorized in writing by
Consumer Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com
(each, a "Property"), subject to the limitations and conditions
described below. You are allowed to use the FEED only to display, and to make
such uses as are necessary for You to display Results on Your Property. These
Terms do not provide You with the ability to access, and You are not allowed to
access, other underlying services provided by Consumer Product Recovery and
Finance Company, Inc, d.b.a. LostAndFound.com or data stored on Consumer
Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com's systems.
B.
Additional Terms.
Unless
otherwise agreed in a separate written agreement with Consumer Product Recovery
and Finance Company, Inc, d.b.a. LostAndFound.com, Your relationship with
Consumer Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com
will always be governed, at a minimum, by these Terms and the [User
Agreement found at http://www.lostandfound.com/home/usersagreement] (the
"User Agreement"). If there is any contradiction between the User
Agreement and any of the Terms, the Terms are given precedence, but only in
relation to the specific features, resources or other portions of the FEED to
which the Terms specifically apply.
To
access or use some features, resources or other portions of the FEED, You
understand that You may be required to agree to and comply with additional
terms and conditions ("Additional Terms") specifically applicable to
such features, resources or other portions of the FEED and such Additional
Terms, as applicable, will be deemed to be incorporated as a part of the Terms.
You
understand that Additional Terms may be imposed by Consumer Product Recovery
and Finance Company, Inc, d.b.a. LostAndFound.com or one or more of its
third-party providers. Where Additional Terms apply to certain features,
resources or other portions of the FEED, such Additional Terms will be
accessible for You to read either within, or through Your use of, such features,
resources or other portions of the FEED. In many cases, the Additional Terms
applicable to a particular feature, resource or other portion of the FEED will
contain special permissions or restrictions that govern Your use of that
feature, resource or portion of the FEED, so You should take the time to fully
understand the Additional Terms and how they apply to Your use of the FEED.
If
there is any contradiction between the User Agreement, these Terms of Service,
and any Additional Terms, the Additional Terms are given precedence, but only
in relation to the specific features, resources or other portions of the FEED
to which such Additional Terms specifically apply. In some cases, a particular
feature, resource or other portion of the FEED may be available under one or
more sets of Additional Terms. In general, if more than one set of Additional
Terms potentially applies to a particular resource, the least restrictive set
of Additional Terms will govern Your use of that particular resource so long as
You comply with all of the applicable conditions and pay the applicable fees,
if any, specified in that set of Additional Terms.
In
some cases, a particular feature, resource or other portion of the FEED may
have been obtained by Consumer Product Recovery and Finance Company, Inc,
d.b.a. LostAndFound.com pursuant to a license or other legal terms established
by one or more third-party sources that prohibit certain terms or conditions.
In those cases, Consumer Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com
hereby offers that feature, resource or other portion of the FEED to You free
of any terms or conditions that otherwise would be incompatible with the
applicable license or other legal terms, if any. Nevertheless, all compatible
terms and conditions of the Terms are still binding on You and Your use of that
feature, resource or other portion of the FEED.
C.
Modifications.
Consumer
Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com may make
changes to the Terms from time to time so you should regularly look at the most
current version of the Terms at [Consumer Product Recovery and Finance
Company, Inc, d.b.a. LostAndFound.com FEED TOU webpage] (or such future URL
as Consumer Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com
may designate). Changes to the Terms will become effective seven days after
they are posted, except if the changes apply to new functionality, in which
case they will be effective immediately. If You do not agree to modified terms
for the Service, You must immediately remove any and all implementations of the
FEED and Consumer Product Recovery and Finance Company, Inc, d.b.a.
LostAndFound.com Brand Features from Your Property and delete any and all
Results. If You continue to use the FEED on any Property, You will be deemed to
have accepted the modifications.
Consumer
Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com reserves the
right, in its sole discretion, at any time and from time to time to modify or
discontinue, temporarily or permanently, the FEED (or any part thereof, e.g.,
to charge for access to the FEED or to set a maximum number of Results You may
access through the FEED) with or without notice. You agree that Consumer
Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the FEED.
Without
limiting the generality of the foregoing, Consumer Product Recovery and Finance
Company, Inc, d.b.a. LostAndFound.com reserves the right, in its sole
discretion, at any time and from time to time to cease providing all or any
part of the FEED immediately without any notice if:
- Consumer
Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com
reasonably believes You have breached any provision of the Terms, the User
Agreement or any Additional Terms; or
- Consumer
Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com is
required to do so by law; or
- the
FEED relies on data or service provided by a third party partner and the
relationship with such partner (i) has expired or been terminated or (ii)
requires LostAndFound.com to change the way Consumer Product Recovery and
Finance Company, Inc, d.b.a. LostAndFound.com provides the data or
services through the FEED; or
- providing
the FEED could create a security risk, technical burden or economic burden
upon LostAndFound.com;
- or
You engage in any action that reflects poorly on Consumer Product Recovery
and Finance Company, Inc, d.b.a. LostAndFound.com or otherwise disparages
or devalues Consumer Product Recovery and Finance Company, Inc, d.b.a.
LostAndFound.com's reputation or goodwill.
D.
Unauthorized/Restricted Use.
Except
as expressly provided in any applicable Additional Terms, the implementation of
the FEED on Your Property must be generally accessible to users without charge.
You
agree that You are responsible for Your own conduct and content while using the
FEED and for any consequences thereof. You agree to use the FEED only for
purposes that are legal, proper and in accordance with these Terms, the User
Agreement, and any applicable Additional Terms. You agree that when using the FEED,
You will not, and will not permit users or other third parties to:
- hide
or mask from LostAndFound.com Your identity of the identity of Your
Property, including by failing to follow the identification conventions
listed in the FEED documentation;
- defame,
abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others;
- upload,
post, email, transmit or otherwise make available any information, data,
text, software, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted,
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
- harm
minors in any way;
- impersonate
any person or entity, including, but not limited to, an Internet or LostAndFound.com
official, or falsely state or otherwise misrepresent Your affiliation with
a person or entity;
- forge
headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the FEED;
- upload,
post, email, transmit or otherwise make available any Content that You do
not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
- upload,
post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights or Intellectual Property Rights (defined below) of any
party;
- upload,
post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
or any other form of solicitation;
- upload,
post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
- upload,
post, email, transmit or otherwise make available any material that
contains embedded images;
- interfere
with or disrupt the FEED or servers or networks connected to the FEED, or
disobey any requirements, procedures, policies or regulations of networks
connected to the FEED;
- use
any robot, spider, site search/retrieval application, or other device to
retrieve or index any portion of the Results or to collect information
about users for any unauthorized purpose;
- create
user accounts by automated means or under false or fraudulent pretenses;
- transmit
any viruses, worms, defects, Trojan horses, or any items of a destructive
nature;
- and/or
intentionally or unintentionally violate any applicable local, provincial,
national or international law.
Recognizing
the global nature of the Internet, to the extent You are located outside of the
United State, You further agree to comply with all local rules regarding online
conduct and acceptable content, including laws regulating the export of data to
or from the United States or your country of residence.
E.
Advertising.
Consumer
Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com reserves the
right to include advertising in Results provided to You through the FEED.
F:
Broadband Service Charges
You
agree that You are responsible for any broadband charges attributable to your
use of the FEED Service.
PRIVACY POLICY
Personal
privacy is an important part of Consumer Product Recovery and Finance Company,
Inc, d.b.a. LostAndFound.com's philosophy. Personal information about You and
other users is subject to Consumer Product Recovery and Finance Company, Inc,
d.b.a. LostAndFound.com's Privacy Policy. For more information, see our full
Privacy Policy, [hyperlink, located at:
http://www.lostandfound.com/home/privacyStatement]. This policy explains
how Consumer Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com
treats personal information, and protects privacy when You use the FEED. You
agree to the use of Your data in accordance with Consumer Product Recovery and
Finance Company, Inc, d.b.a. LostAndFound.com's privacy policy.
COPYRIGHT POLICY AND CONTENT REMOVAL
It
is Consumer Product Recovery and Finance Company, Inc, d.b.a.
LostAndFound.com's policy to respond to notices of alleged infringement that
comply with the Digital Millennium Copyright Act. For directions and more
information, please see Consumer Product Recovery and Finance Company, Inc,
d.b.a. LostAndFound.com's Copyright Policy [hyperlink, located at
http://www.lostandfound.com/home/copyrights_policy]. As the host of
content posted to Your Property, including Results, You agree to comply with
the Digital Millennium Copyright Act or other appropriate process for the
removal of content deemed to infringe the rights of third parties, and to
remove any Results upon request from Consumer Product Recovery and Finance
Company, Inc, d.b.a. LostAndFound.com. You agree that Your Property will
provide contact information that rights-holders can use to contact You and
request removals.
PROPRIETARY RIGHTS
A.
Consumer Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com
Rights.
You
acknowledge that Consumer Product Recovery and Finance Company, Inc, d.b.a.
LostAndFound.com owns all right, title and interest, including without
limitation all rights existing under patent law, copyright law, trade secret
law, trademark law, unfair competition law, publicity rights law, privacy
rights law, and any and all other proprietary rights, and any and all
applications, renewals, extensions and restorations thereof (collectively
"Intellectual Property Rights") in and to the FEED and that You shall
not acquire any right, title, or interest in or to the FEED or any FEED
Intellectual Property Rights, except as expressly set forth in the Terms or
Additional Terms. You further acknowledge that third parties may own right,
title and interest, including without limitation all Intellectual Property
Rights, in and to portions of the Results, and that You shall not acquire any
right, title, or interest in or to such portions of the Results except as
provided by applicable law.
B.
Grant of License.
Consumer
Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com hereby
grants to You a revocable, limited, nontransferable, nonsublicenseable,
nonexclusive license to display Consumer Product Recovery and Finance Company,
Inc, d.b.a. LostAndFound.com's trade names, trademarks, service marks, logos,
domain names, and other distinctive brand features ("Consumer Product
Recovery and Finance Company, Inc, d.b.a. LostAndFound.com Marks") for the
purpose of promoting or advertising that You use the FEED, provided that Your
use is in accordance with the Terms and for the purpose of fulfilling Your
obligations under these Terms and any Additional Terms. You hereby grant to
Consumer Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com a
nontransferable, nonexclusive license to use Your trade names, trademarks,
service marks, logos, domain names, and other distinctive brand features
("Your Marks") to advertise that You are using the Service.
In using Consumer Product Recovery and Finance Company,
Inc, d.b.a. LostAndFound.com Marks, You may not:
- display
Consumer Product Recovery and Finance Company, Inc, d.b.a.
LostAndFound.com Marks in any manner that implies a relationship or
affiliation with, sponsorship, or endorsement by Consumer Product Recovery
and Finance Company, Inc, d.b.a. LostAndFound.com (other than Your use of
the FEED) or that can be reasonably interpreted to suggest any editorial
content has been authored by, or represents the views or opinions of
Consumer Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com
personnel;
- use
Consumer Product Recovery and Finance Company, Inc, d.b.a.
LostAndFound.com Marks to disparage Consumer Product Recovery and Finance
Company, Inc, d.b.a. LostAndFound.com, its products or services;
- display
Consumer Product Recovery and Finance Company, Inc, d.b.a.
LostAndFound.com Marks on Your Property if it contains or displays adult
content or promotes illegal activities, gambling, or the sale of tobacco
or alcohol to persons under twenty-one years of age;
- have
Consumer Product Recovery and Finance Company, Inc, d.b.a.
LostAndFound.com logo as the largest logo on Your Property (except as
displayed in the Results itself) or any page of Your Property;
- display
Consumer Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com
Marks in a manner that is misleading, defamatory, infringing, libelous,
disparaging, obscene or otherwise objectionable to Consumer Product
Recovery and Finance Company, Inc, d.b.a. LostAndFound.com;
- display
Consumer Product Recovery and Finance Company, Inc, d.b.a.
LostAndFound.com Marks on a Property that violates any applicable law or
regulation; or
- remove,
distort or alter any element of Consumer Product Recovery and Finance
Company, Inc, d.b.a. LostAndFound.com Marks (this includes squeezing, stretching,
inverting, discoloring, etc.).
You understand and agree that Consumer Product Recovery and
Finance Company, Inc, d.b.a. LostAndFound.com has the sole discretion to
determine whether Your use of Consumer Product Recovery and Finance Company,
Inc, d.b.a. LostAndFound.com brand features is in accordance with the above
restrictions.
C.
Attribution.
The
Results provided to You through the Service may contain the trade names,
trademarks, service marks, logos, domain names, and other distinctive brand features
of Consumer Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com,
its partners, or other third party rights holders of content indexed by
Consumer Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com You
shall not delete or in any manner alter these trade names, trademarks, service
marks, logos, domain names, and other distinctive brand features.
You
agree to include and display the "[powered by LostAndFound.com]
Consumer Product Recovery and Finance Company, Inc, d.b.a.
LostAndFound.com" attribution, and/or any other attribution(s) required by
Consumer Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com as
described in the documentation, conspicuously on the page, in close proximity
and adjacent to the FEED implementation and the Results. You agree not to
modify or obscure any automatically-generated attribution included in the
Results.
You
understand and agree that Consumer Product Recovery and Finance Company, Inc,
d.b.a. LostAndFound.com has the sole discretion to determine whether Your
attribution(s) is in compliance with the above requirements.
INDEMNITY
You
agree to indemnify and hold Consumer Product Recovery and Finance Company, Inc,
d.b.a. LostAndFound.com, and its parent company, subsidiaries, affiliates,
directors, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable legal fees, made by any
third party due to or arising out of Content You submit, post, transmit or make
available through the FEED, Your use of the FEED, Your connection to the FEED,
or Your violation of any rights of another. Nothing in the Terms should be
construed to confer any rights to third party beneficiaries
ARBITRATION
Any
legal controversy or legal claim arising out of or relating to this Agreement
or our services, excluding legal action taken by Consumer Product Recovery and
Finance Company, Inc, d.b.a. LostAndFound.com to collect our fees and/or
recover damages for, or obtain an injunction relating to, Consumer Product
Recovery and Finance Company, Inc, d.b.a. LostAndFound.com site operations,
intellectual property, and our services, shall be settled by binding
arbitration in accordance with the commercial arbitration rules of the Better
Business Bureau. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with any
claim or controversy of any other party. The arbitration shall be conducted in
New York, New York, and judgment on the arbitration award may be entered into
any court having jurisdiction thereof. Either you or Consumer Product Recovery
and Finance Company, Inc, d.b.a. LostAndFound.com may seek any interim or
preliminary relief from a court of competent jurisdiction in New York, New York
necessary to protect the rights or property of you or Consumer Product Recovery
and Finance Company, Inc, d.b.a. LostAndFound.com pending the completion of
arbitration. Should either party file an action contrary to this provision, the
other party may recover attorney's fees and costs up to $1,000.00.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
a.
YOUR USE OF THE FEED AND THE RESULTS IS AT YOUR SOLE RISK. THE FEED AND THE
RESULTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. CONSUMER PRODUCT RECOVERY AND FINANCE COMPANY, INC, d.b.a.
LOSTANDFOUND.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.
CONSUMER PRODUCT RECOVERY AND FINANCE COMPANY, INC, d.b.a. LOSTANDFOUND.COM
MAKES NO WARRANTY, REPRESENTATIONS AND CONDITIONS THAT (i) THE FEED OR THE
RESULTS WILL MEET YOUR REQUIREMENTS, (ii) THE FEED OR THE RESULTS WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE FEED OR THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE FEED WILL BE ACCURATE OR RELIABLE, AND
(IV) ANY ERRORS IN THE FEED OR THE RESULTS WILL BE CORRECTED.
c.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FEED IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
Consumer PRODUCT RECOVERY AND FINANCE COMPANY, INC, d.b.a. LOSTANDFOUND.COM OR
THROUGH OR FROM THE FEED OR THE RESULTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS, THE USER AGREEMENT OR ANY APPLICABLE ADDITIONAL TERMS.
e.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Consumer PRODUCT RECOVERY AND FINANCE
COMPANY, INC, d.b.a. LOSTANDFOUND.COM SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF Consumer PRODUCT RECOVERY AND FINANCE COMPANY, INC,
d.b.a. LOSTANDFOUND.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE FEED OR THE RESULTS;
(ii) LOSS OR DAMAGE TO PERSONAL PROPERTY RETURNED THROUGH A TRANSACTION ENTERED
INTO THROUGH OR FROM THE FEED OR THE RESULTS; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY IN CONNECTION WITH THE FEED OR THE RESULTS; OR (v) ANY OTHER MATTER
RELATING TO THE FEED OR THE RESULTS.
f.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
g.
BY ENTERING THIS SITE, YOU HEREBY ACKNOWLEDGE AND ACCEPT THAT (A) CONSUMER
PRODUCT RECOVERY AND FINANCE COMPANY, INC, d.b.a. LOSTANDFOUND.COM NEITHER
GUARANTEES NOR INSURES THE RETURN OF ANY LOST ITEM OR THE CONDITION OF ANY LOST
ITEM THAT MAY BE RETURNED TO YOU, (B) CONSUMER PRODUCT RECOVERY AND FINANCE
COMPANY, INC, d.b.a. LOSTANDFOUND.COM IS NOT AN INSURANCE, SURETY, BONDING OR
INDEMNITY COMPANY, (C) CONSUMER PRODUCT RECOVERY AND FINANCE COMPANY, INC,
d.b.a. LOSTANDFOUND.COM HAS NOT MADE ANY EXPRESS OR IMPLIED WARRANTY CONCERNING
THE RETURN OR CONDITION OF ANY LOST ITEM, (D) CONSUMER PRODUCT RECOVERY AND
FINANCE COMPANY, INC, d.b.a. LOSTANDFOUND.COM SHALL HAVE NO LIABILITY
WHATSOEVER FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ACTUAL AND
CONSEQUENTIAL DAMAGES, THAT YOU MAY SUSTAIN OR INCUR AS A RESULT OF THE
DELIVERY OR NON-DELIVERY OF ANY LOST ITEM, (E) CONSUMER PRODUCT RECOVERY AND
FINANCE COMPANY, INC, d.b.a. LOSTANDFOUND.COM SHALL NOT BE LIABLE IF, THROUGH
FRAUD, DECEIT OR OTHER MEANS, A PERSON OR PERSONS FALSELY CLAIMING TO HAVE LOST
A PARTICULAR ITEM OBTAIN SUCH ITEM THROUGH USE OF THIS SITE, (F) THE SERVICES
OFFERED BY THIS SITE ARE SUBJECT TO, AND LIMITED BY, THE FEDERAL, STATE,
PROVINCIAL, MUNICIPAL AND LOCAL LAWS OF YOUR JURISDICTION, AND (G) CONSUMER
PRODUCT RECOVERY AND FINANCE COMPANY, INC, d.b.a. LOSTANDFOUND.COM SHALL BE
LIABLE FOR NO REWARD OR COMPENSATION WHATSOEVER TO THE FINDER OF ANY LOST
OBJECT.
TERMINATION
A.
Termination.
You
agree that Consumer Product Recovery and Finance Company, Inc, d.b.a.
LostAndFound.com, in its sole discretion, may terminate access to or use the FEED,
and remove and discard any related content, for any reason, including, without
limitation, for lack of use or if Consumer Product Recovery and Finance
Company, Inc, d.b.a. LostAndFound.com believes that you have violated or acted
inconsistently with the letter or spirit of these Terms, the User Agreement, or
any additional Applicable Terms. You agree that any termination of your access
to or use of the FEED under any provision of these Terms, the User Agreement,
or any additional Applicable Terms may be effected without prior notice, and
acknowledge and agree that Consumer Product Recovery and Finance Company, Inc,
d.b.a. LostAndFound.com may immediately deactivate or delete your account and
all related information and files in your account and/or bar any further access
to such files or the FEED. Further, you agree that Consumer Product Recovery
and Finance Company, Inc, d.b.a. LostAndFound.com shall not be liable to you or
any third-party for any termination of your access to the Service.
B.
Effect of Termination.
Upon
the termination of the Terms for any reason (a) all license rights granted
herein shall terminate and (b) You shall immediately remove any and all implementations
of the FEED and Consumer Product Recovery and Finance Company, Inc, d.b.a.
LostAndFound.com Marks from Your Property and delete any and all Results.
C.
Survival.
In
the event of any termination or expiration of the Terms for any reason, the
Sections titled Consumer Product Recovery and Finance Company, Inc, d.b.a.
LostAndFound.com Rights; Indemnity; Arbitration; Disclaimer of Warranties and
Limitation of Liabilities; Termination; and General Information shall survive
termination. Neither party shall be liable to the other party for damages of
any sort resulting solely from terminating the Terms in accordance with its
terms.
D.
Remedies.
You
acknowledge that Your breach of any restrictions contained herein may cause
irreparable harm to Consumer Product Recovery and Finance Company, Inc, d.b.a.
LostAndFound.com, the extent of which would be difficult to ascertain.
Accordingly, You agree that, in addition to any other remedies to which
Consumer Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com may
be legally entitled, Consumer Product Recovery and Finance Company, Inc, d.b.a.
LostAndFound.com shall have the right to seek immediate injunctive relief in
the event of a breach of such sections by You or any of Your officers,
employees, consultants or other agents.
GENERAL
INFORMATION
The
User Agreement constitutes the entire agreement between you and Consumer
Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com and governs
your use of the Service, superceding any prior agreements between you and
Consumer Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com You
also may be subject to additional terms and conditions that may apply when you
use affiliate services, third-party content or third-party software. The User Agreement
and the relationship between you and Consumer Product Recovery and Finance
Company, Inc, d.b.a. LostAndFound.com shall be governed by the laws of the
state of New York and the United States without regard to its conflict of law
provisions. You and Consumer Product Recovery and Finance Company, Inc, d.b.a.
LostAndFound.com agree to submit to the personal and exclusive jurisdiction of
the courts located within the state of New York, United States. The failure of
Consumer Product Recovery and Finance Company, Inc, d.b.a. LostAndFound.com to
exercise or enforce any right or provision of the User Agreement shall not
constitute a waiver of such right or provision. If any provision of the User
Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the User Agreement remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the User Agreement must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
The
section titles in the User Agreement are for convenience only and have no legal
or contractual effect.