This website is operated by LostandFoundSite.com (hereinafter called “us”, "we", "our" or “the website”). The terms and conditions herein represent the agreement between Us and the User (hereinafter called “you”, “your”, “user”, “end user”, “Guest User” or “Establishment”). “Guest User” is further described as anyone who has lost property at an Establishment identified on the website. “Establishment” is further described as any entity which is identified on the website who maintains a “lost and found” for personal items lost by users of their establishment. Unless a term or condition herein expressly states that it relates specifically to a “Guest User” or “Establishment”, the term and conditions hereunder shall apply to both Guest Users and Establishments.

Access to, use of and/or participation in any transaction on the website, whether directly or indirectly, constitutes User’s agreement to be bound by these Terms and Conditions and by all rules, regulations, instructions, etc. (collectively “Terms and Conditions”) set forth herein or on the website. You are being granted a limited, revocable license to use the website identified herein. If you do not agree and comply with these Terms and Conditions, you may not use the website and must leave the website and your license is deemed revoked. Use of the website and the services offered herein constitutes your consent to the terms and conditions herein and your acknowledgement that you have read and agreed to the Terms and Conditions herein and on the Website. You further warrant and represent you are 18 years of age or older and have the legal capacity to enter this Agreement and be bound thereby.

DISCLAIMER OF WEBSITE REGARDING SERVICES AND PRODUCTS:

We attempt to ensure that the information, services and content is complete, timely and accurate. However, despite our efforts, the information on this website may be inaccurate, incomplete, out of date, or unclear. We make no representation as to the content displayed on the website or its accuracy, completeness, clarity, timeliness or obsolescence. The services offered and their description or portrayal, on the website are offered for convenience of the user only. User shall not rely on the descriptions, information and content provided on the website and acknowledge and agree that the user has independently verified the services and the material related thereto, provided on the website and makes any and all decisions regarding user’s use of the website and purchase of services, based on their independent investigation of the services offered hereunder from such independent sources. We make reasonable efforts to accurately display the features and content of the services offered, but we do not warrant their accuracy, condition or suitability for user’s intended use. We do not warrant or represent that the services offered will be available at any time and reserves the right to remove such services at any time in our sole discretion.

WHO MAY USE WEBSITE:

You must be 18 years of age and capable of entering a legally binding contract. You must provide a physical street address (no Post Office Boxes) and may only establish one user account per physical street address. Our website is for personal use and enjoyment by users. If any user allows anyone under the age of 18 to access or otherwise use or participate on this website, their account will be terminated and deleted from the website and denied future access to the website.

GUESTS AND ESTABISHMENTS RESPONSIBILITIES:

You agree to comply with all applicable local, state, federal and foreign laws, treaties, regulations and conventions in connection with your use of the website, including without limitation, those related to data privacy, communications in the United States and internationally and the exportation of technical or personal data from locations other than the location from which we control and operate our website and the products and services associated therewith. You expressly agree, that you or anyone acting on your behalf or who is using your account, whether legally or illegally, shall not to violate any and all local, state, federal and international laws, codes, statutes, rules and regulations, including but not limited to any rights of publicity or privacy of any person or legal entity, or defame any person or legal entity, nor to use the services provided herein to violate any such laws, etc. Violation of this paragraph will result in immediate termination of your account.

TERMINATION:

We reserve the right, in our sole discretion, to suspend or terminate any user account and deny access to the website at any time and for any or no reason. We reserve the right to change, suspend or discontinue, without notice, any or all aspects of the website, at anytime, including but not limited to the right to suspend, terminate or cancel any transaction for any reason whatsoever, in our sole determination.

REGISTRATION:

All users must complete the registration process to use the website, by accurately completing all required fields. Failure to respond accurately to all required fields may result in removal and termination of your account from the website. You are responsible for maintaining the confidentiality of your “user name” and “password” and for restricting access to your computer to those not qualified to use the website. You shall be responsible for all transactions made on your account or on your behalf. Failure to properly maintain and protect your account may result in termination of your account by us.

PRODUCTS AND SERVICES OFFERED ON THE WEBSITE AND MATERIAL RELATED THERETO:

All products and services offered or that may be offered herein and the materials relating thereto, including but not limited to product and service information, documents, logos, graphics, sounds, images, compilations and any other content downloaded on the website (“Material or Content”) are provided by us or by third party manufacturers, developers, authors, vendors, etc. (“Third Party Providers”) and are the copyrighted (or permitted licensed) works of our website and/or our third party providers, unless specifically indicated to the contrary.

Except as permitted hereunder or elsewhere on the website, none of the material or content identified on the website may be modified, copied, transferred, archived, reprinted, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means in any medium, including but not limited to electronic, mechanical, photocopying, recording or other means, without our prior express written consent and/or that of third party providers.

Your use of the website or participation in any transaction does not constitute or confer any license or ownership rights to the material contained on the website and user expressly agrees and understands that all material and content contained on the website is/are the intellectual property rights of the website and/or third party providers and that any license to use the material or content hereunder must be obtained by user at user’s sole expense directly from the owner or licensor of such products or services. Any unauthorized use of the materials and/or content contained on the website may violate copyright laws, trademark laws, privacy laws and/or international, federal, state or local laws or statutes. You are responsible for the security of your computer and the information contained thereon and this account and for restricting access to such information and to your computer and agree to indemnify, defend and hold harmless the website and their owners, shareholders, directors, employees, agents and representatives from any claims of any nature whatsoever from your failure to maintain your computer and/or from any activities that occur under your account and password.

Guest users and Establishments expressly agree that any property, products or merchandise returned to or shipped from the Establishment, as a result of a transaction on the website, that the use or shipment of such property, product(s) or merchandise does not violate any local, state, federal and/or international laws, codes, statutes, rules or regulations. Specifically, to the extent we facilitate the return of property owned by the Guest User or shipped from an Establishment or anyone on whose behalf you are acting , you expressly represent that the items returned or the return or shipping of such property, by us as facilitator, does not violate any local, state, federal and/or international laws, codes, statutes, rules or regulations. In the event of such violation(s) and a claim, demand and/or law suit is made or filed against us, both Guest User and Establishment, individually and on behalf of anyone using your account on the website, agree to and shall indemnify, defend and hold us harmless from such claims, demands, lawsuits, etc., arising from such violations and shall reimburse us for all costs incurred by us, including legal fees, in defense or resolution thereof.

Guest Users and Establishments expressly agree and understand that we are solely a facilitator of a transaction between Guest Users and Establishments. We have no direct contact with any property held by the Establishment on your behalf or that may be shipped to you as part of a transaction hereunder. It is your responsibility to properly identify any property lost by you from the Establishment. We make no representations or give any warranties as to the condition of any property held by the Establishment or returned to you, nor do we make any representation or warranties that any property returned to you is that which belongs to you or that you have requested be returned to you by the Establishment.

THIRD PARTY SITES:

The website may contain links or references to websites owned, operated or controlled by third parties. We are not responsible for and do not endorse, recommend or otherwise suggest the use of such sites or the content thereon. We offer these sites as a convenience to users. It is your sole responsibility to investigate and to take precautions when accessing any third party site, to ensure safety of your computer and the content thereon, from, specifically including but not limited to viruses, hackers and corrupters and intrusions of any kind or nature whatsoever.

USER SUBMISSIONS:

Accept as expressly stated by us, all data, information, comments, complaints and feed back (the “Submissions”) provided by you or anyone acting on your behalf, through your account or otherwise, with respect to your use of the website, by any means whatsoever, shall be considered non-confidential and our property, for our use as we may see fit. To the extent required, you grant us and our Third Party Providers a non-exclusive worldwide license to use, copy, transmit and display any data, information, content or materials, provided to us by you in the course of accessing or using the website. In the event any submission is subject to copyright, trademark or other contracts or agreements, user by providing us such submission, acknowledges it has the legal right and agrees to and does expressly provide us with a license or assignment to use such submissions. By providing such submissions, you agree to assign to us, as consideration for use of the our website, all worldwide rights, title and interest in user’s rights there under and you shall indemnify, defend and hold us harmless from any and all claims arising out of our use of such submissions. Notwithstanding the foregoing, our obligation regarding identification of you or the use of your personal information shall be governed by the terms of the Privacy Policy available at on this site. The Terms of the Privacy Policy are expressly incorporated herein by reference, as if set forth in full.

Any Establishment that has registered as an “Establishment” on the website, expressly agrees for the term of their use of the website, to permit us to use their logo, trademark, marketing material, without further compensation, on the website and for use in any promotional materials of the website, in any medium, to promote the website and the services provided thereon for the benefit of the website and the Establishment and their guests.

DISRUPTION OF WEBSITE:

We make no warranties or representations regarding the integrity of the website during its operation. We will use our best efforts to ensure that website and any transaction conducted thereon shall proceed without interruption. User expressly acknowledges and agrees that we are not liable for any damage or loss that occurs because of any technical errors or disruption in service or any other unforeseen error in operation of the website. We shall not be responsible for or liable for damages or loss due to transaction not completed.

BILLING AND PAYMENT:

Prior to participating in a transaction, Guest Users will provide us with a valid and updated credit card and all necessary information to charge any and all products or services that you purchased on our site. By your participation in such transaction, you authorize us or a credit card processor of our choosing, to charge your credit card for such charges relating thereto, as set forth in the terms and conditions of such transaction.

PRODUCT RETURNS:

We rely on you to verify that the property being shipped to you, is your property. In the event, that you have requested the return of property that is not yours, any shipping and handling charges incurred will not be refunded. And you will be responsible for any return shipping charges.

SHIPPING INSURANCE:

Guest Users may insure your item(s) against loss or damage. The price is based on the declared value, which you determine. USPS shipping insurance policies apply. We do not provide the insurance and will not be held responsible for any claims. You agree that we are not responsible and/or liable for damaged or lost property, as a result of any transaction entered on the website.

LIMITATION OF LIABILITY OF WEBSITE AND THIRD PARTY PROVIDERS:

Except as set forth in the paragraph above, we shall not be liable to you with respect to any property shipped hereunder. It is the Guest Users responsibility to insure the value of his/her/its property; and any loss or damage to the property during shipment shall be the Guest User’s responsibility. In addition and notwithstanding the prior limitation of liability, to the extent permitted by law, we shall not be liable for damages in excess of $1 and in no event shall we or any third party providers to the website, be liable to any individual or legal entity , directly or indirectly, for consequential, incidental, punitive, special and/or exemplary damages, or for any damages to your property or any or any damage to Guest Users or Establishments, or anyone acting on their behalf’s, computer, telecommunication equipment or other property and/or for loss of data, content, images, revenue, profits, use or other economic advantage, arising out of, or in any way connected with this agreement or use of the website or any of the material or content thereon, including but not limited to the accessing or use of, or inability to access or use the website and the services or products provided therein or associated therewith, including but not limited to the downloading of any materials or content, regardless of cause, whether in an action, claim, lawsuit, etc., of any kind or nature whatsoever, in contract or negligence or other tortuous action. In the event of user’s breach of this agreement or in the event of user’s obligation to indemnify us and any third party provider. We or third party provider, to the extent applicable, shall not be liable for damages, as set forth hereunder.

DISCLAIMER OF WARRANTIES:

Except as may be provided elsewhere herein by us, the materials on the website and the products and services offered therein are provided “AS IS” and are for the use contracted herein. Except for the express warranties set forth herein, we and our third party providers hereby DISCLAIM all express or implied representations, warranties, guaranties and conditions with regard to the website, the materials, and the products and services associated therewith, including but not limited to any implied representations, warranties, guaranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement and the quality of the goods and services, except to the extent that such disclaimers are held to be legally invalid and in that case, to the extent permitted by law. We and our third party providers make no representations, guaranties or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the website and the products, services and/or the materials or content associated therewith or on the website, or the results you may obtain by accessing or using the website and/or the products or services and/or the materials or content associated therewith. Without limiting the generality of the foregoing, we and our third party providers do not represent or warrant that (A) the operation or use of the website or materials or content will be timely, secure, uninterrupted or error-free; (B) the quality of any products, services, information or other material you purchase through the website will meet your requirements; or (C) the products, services, materials or the systems that make the services and the website available are free of viruses or other harmful components. You acknowledge that neither the website nor its third party providers control the transfer of data or information over the website, communications facilities, including but not limited to the Internet and that the website and products, services and/or materials related or associated therewith may be subject to limitations, delays and other terms, conditions and problems associated or inherent in the use of such communication facilities or systems. We are not responsible for any delays, delivery failures or other damage resulting from such communication facilities or systems problems. You expressly acknowledge and agree that you use such third party providers and affiliated services at your peril and assume all risks related to such use of said third party providers and services.

INDEMNIFICATION OF WEBSITE:

You expressly acknowledge and agree to indemnify, defend and hold us and our third party providers harmless against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys fees and costs) awarded against us and/or our third party providers by a court of competent jurisdiction arising out of or in connection with a claim, suit or action, or other proceeding of any kind or nature, by any third party related to you, regarding the website and/or our third party providers. We shall not be obligated to indemnify, defend or hold you or anyone acting on your behalf, harmless for any claim of infringement arising from the use of the website and/or the products, services and/or materials associated with the website other than in accordance with this agreement; and/or for the use of the website, products and services in any combination with any other unrelated third party products, services or materials not expressly provided on the website or directly or indirectly with such other unrelated third party products, services or materials.

NOTICES:

We may give any notice required by law by general notice on the website, electronic e-mail to your e-mail address on record in the website account information which you have provided and have updated from time to time, as needed, or by written communication sent by first class mail or pre-paid post to your address on record in the website account information. All notices mailed or e-mailed by us shall be deemed received by you no later than four (4) days after mailing. You may give notice to us at any time by letter delivered by registered or overnight mail with return receipt to: LostandFoundSite.com, 20423 State Road 7, #F6-148, Boca Raton, FL 33498, which shall be deemed delivered to Us four (4) days after mailing. We comply with the Digital Millennium Copyright Act (“DCMA”). Any notices given pursuant to the DCMA shall be given to Our designated agent via e-mail at support@lostandandfoundsite.com or via registered US mail sent return receipt to DCMA Compliance Agent, LostandFoundSite.com, 20423 State Road 7, #F6-148, Boca Raton, FL 33498.

ADDITIONAL TERMS AND CONDITIONS:

(A) Choice of Law and Jurisdiction: You and anyone acting on your behalf agree that this agreement shall be governed by Florida law and controlling United States Federal Law. No choice of law rules shall apply. Any disputes, actions, claims, causes of action, suits, proceedings of any kind or nature, arising out of this agreement or the website shall be subject to the exclusive jurisdiction of the State and Federal Courts located in Miami, Florida and to Arbitration as stated hereinafter. (B) Entire Agreement: This agreement together with any additional terms and conditions provided by Us elsewhere on the website, constitute the parties entire understanding relating to the use of the website and supersedes any prior or contemporaneous, conflicting or additional, communications. We reserves the right to change the terms and policies contained herein or on the website at any time and such changes shall be effective upon posting on the website. You should visit this particular Website page and review any additional terms and conditions posted elsewhere on the Website on a regular basis to familiarize yourself with any changes to the terms and conditions of this agreement. Your continued use of the website after any such change or changes or postings, constitutes your consent to such changes, whether or not you have actually read any such changes or postings. (C) Enforceability: If any provision of this agreement, as may be amended from time to time, as set forth herein, is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force or effect. (D) No Agency Relationship: This agreement does not create or constitute an agency relationship between the parties, nor does it constitute a joint venture, partnership or employment relationship between the parties. (E) No Assignment: You may not assign this agreement to any individual or entity. (F) No Waiver: The failure of any party hereto to enforce any right or provision hereunder shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. (G) Intellectual Property: The parties acknowledge and agree that elements of the website are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by Us. Our and other identifiers referenced herein are Trademarks of our website and/or its affiliates, and may be registered in certain jurisdictions. Copyright (c) 2013, 2014 LostandFoundSite.com. All rights reserved.

CONTACT LAFS:

If you have any questions regarding these terms or if you would like to request permission to use any materials found on the website, please contact our Customer Service Department at support@lostandfoundsite.com.