Mobile
Application End User License Agreement
This
Mobile Application End User License Agreement (”Agreement”)
is a binding agreement between you (”End
User”
or “you”)
and Consumer Product Recovery and Finance Company, Inc, d.b.a.
LostAndFound.com (”Company”).
This Agreement governs your use of the LostAndFound.com Mobile App,
(including all related documentation, the “Application”).
The Application is licensed, not sold, to you.
BY
CLICKING THE “AGREE” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU
HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE
OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS
AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU
DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE APPLICATION.
1. License
Grant.
Subject to the terms of this Agreement, Company grants you a limited,
non-exclusive, and nontransferable license to:
(a)
download, install, and use the Application for your personal,
non-commercial use on a single mobile device owned or otherwise
controlled by you (”Mobile
Device”)
strictly in accordance with the Application’s documentation;
and
(b) access,
stream, download, and use on such Mobile Device the Content and
Services (as defined in Section
5)
made available in or otherwise accessible through the Application,
strictly in accordance with this Agreement and the Terms of Use
applicable to such Content and Services as set forth in Section
5.
2. License
Restrictions.
Licensee shall not:
(a) copy
the Application, except as expressly permitted by this license;
(b) modify,
translate, adapt, or otherwise create derivative works or
improvements, whether or not patentable, of the Application;
(c) reverse
engineer, disassemble, decompile, decode, or otherwise attempt to
derive or gain access to the source code of the Application or any
part thereof;
(d) remove,
delete, alter, or obscure any trademarks or any copyright, trademark,
patent, or other intellectual property or proprietary rights notices
from the Application, including any copy thereof;
(e) rent,
lease, lend, sell, sublicense, assign, distribute, publish, transfer,
or otherwise make available the Application, or any features or
functionality of the Application, to any third party for any reason,
including by making the Application available on a network where it
is capable of being accessed by more than one device at any time; or
(f) remove,
disable, circumvent, or otherwise create or implement any workaround
to any copy protection, rights management, or security features in or
protecting the Application
3. Reservation
of Rights.
You acknowledge and agree that the Application is provided under
license, and not sold, to you. You do not acquire any ownership
interest in the Application under this Agreement, or any other rights
thereto other than to use the Application in accordance with the
license granted, and subject to all terms, conditions, and
restrictions, under this Agreement. Company and its licensors and
service providers reserves and shall retain their entire right,
title, and interest in and to the Application, including all
copyrights, trademarks, and other intellectual property rights
therein or relating thereto, except as expressly granted to you in
this Agreement.
4. Collection
and Use of Your Information.
You acknowledge that when you download, install, or use the
Application, Company may use automatic means (including, for example,
cookies and web beacons) to collect information about your Mobile
Device and about your use of the Application. You also may be
required to provide certain information about yourself as a condition
to downloading, installing, or using the Application or certain of
its features or functionality, and the Application may provide you
with opportunities to share information about yourself with others.
All information we collect through or in connection with this
Application is subject to our Privacy Policy
(www.lostandfound.com/privacystatement). By downloading, installing,
using, and providing information to or through this Application, you
consent to all actions taken by us with respect to your information
in compliance with the Privacy Policy.
5. Content
and Services.
The Application may provide you with access to Company’s
website located at https://lostandfound.com (the “Website”)
and products and services accessible thereon, and certain features,
functionality, and content accessible on or through the Application
may be hosted on the Website (collectively, “Content
and Services”).
Your access to and use of such Content and Services are governed by
Website’s Terms of Use and Privacy Policy located at
https://lostandfound.com/usersagreement
and
https://lostandfound.com/privacystatement
, which are incorporated herein by this reference. Your access to and
use of such Content and Services may require you to acknowledge your
acceptance of such Terms of Use and Privacy Policy and/or to register
with the Website, and your failure to do so may restrict you from
accessing or using certain of the Application’s features and
functionality. Any violation of such Terms of Use will also be deemed
a violation of this Agreement.
6. Geographic
Restrictions.
The Content and Services are based in the state of Texas in the
United States and provided for access and use only by persons located
in the United States. You acknowledge that you may not be able to
access all or some of the Content and Services outside of the United
States and that access thereto may not be legal by certain persons or
in certain countries. If you access the Content and Services from
outside the United States, you are responsible for compliance with
local laws.
7. Updates.
Company may from time to time in its sole discretion develop and
provide Application updates, which may include upgrades, bug fixes,
patches, other error corrections, and/or new features (collectively,
including related documentation, “Updates”).
Updates may also modify or delete in their entirety certain features
and functionality. You agree that Company has no obligation to
provide any Updates or to continue to provide or enable any
particular features or functionality. Based on your Mobile Device
settings, when your Mobile Device is connected to the internet
either:
(a) the
Application will automatically download and install all available
Updates; or
(b) you
may receive notice of or be prompted to download and install
available Updates.
You shall
promptly download and install all Updates and acknowledge and agree
that the Application or portions thereof may not properly operate
should you fail to do so. You further agree that all Updates will be
deemed part of the Application and be subject to all terms and
conditions of this Agreement.
8. Third-Party
Materials.
The Application may display, include, or make available third-party
content (including data, information, applications, and other
products, services, and/or materials) or provide links to third-party
websites or services, including through third-party advertising
(”Third-Party
Materials”).
You acknowledge and agree that Company is not responsible for
Third-Party Materials, including their accuracy, completeness,
timeliness, validity, copyright compliance, legality, decency,
quality, or any other aspect thereof. Company does not assume and
will not have any liability or responsibility to you or any other
person or entity for any Third-Party Materials. Third-Party Materials
and links thereto are provided solely as a convenience to you, and
you access and use them entirely at your own risk and subject to such
third parties’ terms and conditions.
9. Term
and Termination.
(a) The
term of Agreement commences when you download the Application and
will continue in effect until terminated by you or Company as set
forth in this Section
9.
(b) You
may terminate this Agreement by deleting the Application and all
copies thereof from your Mobile Device.
(c) Company
may terminate this Agreement at any time without notice. In addition,
this Agreement will terminate immediately and automatically without
any notice if you violate any of the terms and conditions of this
Agreement.
(d) Upon
termination:
(i) all
rights granted to you under this Agreement will also terminate; and
(ii) you
must cease all use of the Application and delete all copies of the
Application from your Mobile Device and account.
(e) Termination
will not limit any of Company’s rights or remedies at law or in
equity.
10. Disclaimer
of Warranties.
THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH
ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM
EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND
ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS
AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER
EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE
APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND
WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF
PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE
FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO
REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR
REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK
WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE
WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS,
OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE
CORRECTED.
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED
WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A
CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY
NOT APPLY TO YOU.
11. Limitation
of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE
LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR
RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE
CONTENT AND SERVICES FOR:
(a) PERSONAL
INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR
SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION,
COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL,
INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT
DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY
PAID BY YOU FOR THE APPLICATION.
THE
FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND
REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE
LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
12. Indemnification.
You agree to indemnify, defend, and hold harmless Company and its
officers, directors, employees, agents, affiliates, successors, and
assigns from and against any and all losses, damages, liabilities,
deficiencies, claims, actions, judgments, settlements, interest,
awards, penalties, fines, costs, or expenses of whatever kind,
including attorneys’ fees, arising from or relating to your use
or misuse of the Application or your breach of this Agreement,
including but not limited to the content you submit or make available
through this Application.
13. Export
Regulation.
The Application may be subject to US export control laws, including
the Export Control Reform Act and its associated regulations. You
shall not, directly or indirectly, export, re-export, or release the
Application to, or make the Application accessible from, any
jurisdiction or country to which export, re-export, or release is
prohibited by law, rule, or regulation. You shall comply with all
applicable federal laws, regulations, and rules, and complete all
required undertakings (including obtaining any necessary export
license or other governmental approval), prior to exporting,
re-exporting, releasing, or otherwise making the Application
available outside the US.
14. US
Government Rights.
The Application is commercial computer software, as such term is
defined in 48 C.F.R. §2.101. Accordingly, if you are an agency
of the US Government or any contractor therefor, you receive only
those rights with respect to the Application as are granted to all
other end users under license, in accordance with (a) 48 C.F.R.
§227.7201 through 48 C.F.R. §227.7204, with respect to the
Department of Defense and their contractors, or (b) 48 C.F.R.
§12.212, with respect to all other US Government licensees and
their contractors.
15. Severability.
If any provision of this Agreement is illegal or unenforceable under
applicable law, the remainder of the provision will be amended to
achieve as closely as possible the effect of the original term and
all other provisions of this Agreement will continue in full force
and effect.
16. Governing
Law.
This Agreement is governed by and construed in accordance with the
internal laws of the State of Texas without giving effect to any
choice or conflict of law provision or rule. Any legal suit, action,
or proceeding arising out of or related to this Agreement or the
Application shall be instituted exclusively in the federal courts of
the United States or the courts of the State of Texas in each case
located in Austin and Travis County. You waive any and all objections
to the exercise of jurisdiction over you by such courts and to venue
in such courts.
17. Limitation
of Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING
TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION
OR CLAIM IS PERMANENTLY BARRED.
18. Entire
Agreement.
This Agreement and our Privacy Policy constitute the entire agreement
between you and Company with respect to the Application and supersede
all prior or contemporaneous understandings and agreements, whether
written or oral, with respect to the Application.
19. Waiver.
No failure to exercise, and no delay in exercising, on the part of
either party, any right or any power hereunder shall operate as a
waiver thereof, nor shall any single or partial exercise of any right
or power hereunder preclude further exercise of that or any other
right hereunder. In the event of a conflict between this Agreement
and any applicable purchase or other terms, the terms of this
Agreement shall govern.