Terms & Conditions

U-Found Inc. Terms of Use Agreement – April 2009

U-Found Inc. is a web-based service that allows subscribers to upload various data to be used to contact them in the event an item belonging to them becomes lost or missing. The services offered by U-Found Inc. ("U-Found Inc." or "we") include the U-Found Inc. website (the "U-Found Website"), the U-Found Inc. collection services, and any other features, content, or applications offered from time to time by U-Found Inc. in connection with the U-Found Website (collectively, the "U-Found Services"). The U-Found Services are hosted in the U.S. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the U-Found Services. By using the U-Found Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the U-Found Website) or you are a "Subscriber" (which means that you have registered with U-Found Inc.). The term "User" refers to a Visitor or a Subscriber. You are only authorized to use the U-Found Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the U-Found Website and discontinue use of the U-Found Services immediately.

If you wish to become a Subscriber, communicate with other Subscribers and make use of the U-Found Services, you must read this Agreement and indicate your acceptance during the Registration process. This Agreement includes U-Found Inc.'s policy for acceptable use of the U-Found Services and Content (as defined below) posted on the U-Found Website, your rights, obligations and restrictions regarding your use of the U-Found Services and U-Found Inc.'s Privacy Policy.
U-Found Inc. may modify this Agreement from time to time and such modification shall be effective upon posting by U-Found Inc. on the U-Found Website. You agree to be bound to any changes to this Agreement when you use the U-Found Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Eligibility. Use of and Subscribership in the U-Found Services is void where prohibited. By using the U-Found Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (d) your use of the U-Found Services does not violate any applicable law or regulation.

Term. This Agreement shall remain in full force and effect while you use the U-Found Services or are a Subscriber. You may terminate your Subscribership at any time, for any reason, by following the instructions on the Subscriber's Account Settings page. U-Found Inc. may terminate your Subscribership at any time, without warning. Even after Subscribership is terminated, this Agreement will remain in effect.

Fees. You acknowledge that U-Found Inc. reserves the right to charge for the U-Found Services and to change its fees from time to time in its discretion. If U-Found Inc. terminates your Subscribership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

Password. When you sign up to become a Subscriber, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Subscriber at any time or to disclose your password to any third party. You agree to notify U-Found Inc. immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Non-commercial Use by Subscribers. The U-Found Services are for the personal use of Subscribers only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by U-Found Inc.. Illegal and/or unauthorized use of the U-Found Services, including collecting usernames and/or email addresses of Subscribers by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the U-Found Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may result in termination of Subscribership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the U-Found Services.
The U-Found Services contain Content of Users and other U-Found Inc. licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the U-Found Services.
Use Restrictions. You agree that you will use the U-Found Website and U-Found Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to use the U-Found Website for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. U-Found Inc. reserves the right, but shall have no obligation, to investigate your use of the U-Found Website in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
The following is a partial list of the kind of activity that is illegal or prohibited on the U-Found Website and through your use of the U-Found Services. U-Found Inc. reserves the right to investigate and take appropriate legal action against anyone who, in U-Found Inc.'s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; advertising to, or solicitation of, any Subscriber to buy or sell any products or services through the U-Found Services.
You may not transmit any chain letters or junk email to other Subscribers. It is also a violation of these rules to use any information obtained from the U-Found Services in order to contact, advertise to, solicit, or sell to any Subscriber without their prior explicit consent. In order to protect our Subscribers from such advertising or solicitation, U-Found Inc. reserves the right to restrict the number of emails which a Subscriber may send to other Subscribers in any 24-hour period to a number which U-Found Inc. deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the U-Found Services, you acknowledge that you will have caused substantial harm to U-Found Inc., but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay U-Found Inc. $50 for each such unsolicited email, phone call, or other unsolicited communication you send through the U-Found Services; covering or obscuring the banner advertisements on any U-Found Inc. page via HTML/CSS or any other means; any automated use of the system, such as using scripts to add friends or send comments or messages; interfering with, disrupting, or creating an undue burden on the U-Found Services or the networks or services connected to the U-Found Services; attempting to impersonate another Subscriber or person; using the account, username, or password of another Subscriber at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile; using any information obtained from the U-Found Services in order to harass, abuse, or harm another person; or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the U-Found Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as or sending private messages with a commercial purpose; or using the U-Found Services in a manner inconsistent with any and all applicable laws and regulations. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of U-Found Inc. to terminate Subscribership privileges of any Subscriber who repeatedly infringes the copyright rights of others upon receipt of prompt notification to U-Found Inc. by the copyright owner or the copyright owner's legal agent.
Privacy. Use of the U-Found Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. Disclaimers. U-Found Inc. is not responsible for any incorrect or inaccurate Content posted on the U-Found Website or in connection with the U-Found Services, whether caused by Users of the U-Found Services or by any of the equipment or programming associated with or utilized in the U-Found Services. Profiles created and posted by Subscribers on the U-Found Website may contain links to other websites. U-Found Inc. is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by U-Found Inc. Inclusion of any linked website on the U-Found Services does not imply approval or endorsement of the linked website by U-Found Inc. When you access these third-party sites, you do so at your own risk. U-Found Inc. takes no responsibility for third party advertisements which are posted on this U-Found Website or through the U-Found Services, nor does it take any responsibility for the goods or services provided by its advertisers. U-Found Inc. is not responsible for the conduct, whether online or offline, of any User of the U-Found Services. U-Found Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Subscriber communication. U-Found Inc. is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the U-Found Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the U-Found Services. Under no circumstances shall U-Found Inc. be responsible for any loss or damage, including personal injury or death, resulting from use of the U-Found Services, attendance at a U-Found Inc. event, from any Content posted on or through the U-Found Services, or from the conduct of any Users of the U-Found Services, whether online or offline. The U-Found Services are provided "AS-IS" and as available and U-Found Inc. expressly disclaims any warranty of MERCHANTABILITY, fitness for a particular purpose, NON-INTERFERENCE or non-infringement. U-Found Inc. cannot guarantee and does not promise any specific results from use of the U-Found Services.
Limitation on Liability. IN NO EVENT SHALL U-FOUND INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF U-FOUND INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, U-FOUND INC.'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO U-FOUND INC. FOR THE U-FOUND SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls. Software available in connection with the U-Found Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the U-Found Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Disputes. If there is any dispute about or involving the U-Found Services, you agree that the dispute shall be governed by the laws of the State of Texas, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Texas, City of Austin. Either U-Found Inc. or you may demand that any dispute between U-Found Inc. and you about or involving the U-Found Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Austin, Texas, USA, provided that the foregoing shall not prevent U-Found Inc. from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold U-Found Inc., its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the U-Found Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the U-Found Website or through the U-Found Services causes U-Found Inc. to be liable to another.
Other. This Agreement is accepted by you upon your use of the U-Found Website or any of the U-Found Services and is further affirmed by you becoming a Subscriber. This Agreement constitutes the entire agreement between you and U-Found Inc. regarding the use of the U-Found Services. The failure of U-Found Inc. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. U-Found Inc. is a trademark of U-Found, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: info@U-Found.com with any questions regarding this Agreement.