Terms of Service

Last updated January 25, 2022

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and FINDBEAR, doing business as FINDBEAR ("FINDBEAR," "we," "us," or "our"), concerning your access to and use of the findbear.app website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms of Use. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. The Site is intended for users who are at least 13 years of age. All users who are minors must have the permission of, and be directly supervised by, their parent or guardian to use the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not under the age of 13; (3) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (4) you will not access the Site through automated or non-human means; (5) you will not use the Site for any illegal or unauthorized purpose; and (6) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.

4. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. As a user of the Site, you agree not to: systematically retrieve data or other content from the Site to create a collection, compilation, database, or directory without written permission; trick, defraud, or mislead us and other users; circumvent, disable, or otherwise interfere with security-related features; disparage, tarnish, or otherwise harm us and/or the Site; use any information obtained from the Site to harass, abuse, or harm another person; make improper use of our support services or submit false reports; use the Site in a manner inconsistent with applicable laws; engage in unauthorized framing of or linking to the Site; upload or transmit viruses or other material that interferes with any party's use of the Site; engage in any automated use of the system; delete the copyright or other proprietary rights notice from any Content; attempt to impersonate another user; or use the Site as part of any effort to compete with us or for any revenue-generating endeavor or commercial enterprise.

5. USER GENERATED CONTRIBUTIONS

The Site may provide you with the opportunity to create, submit, post, display, transmit, or broadcast content and materials (collectively, "Contributions"). When you create or make available any Contributions, you thereby represent and warrant that the creation and distribution of your Contributions do not and will not infringe the proprietary rights of any third party; you are the creator and owner of or have the necessary licenses, rights, consents, and permissions; your Contributions are not false, inaccurate, or misleading; your Contributions are not unsolicited or unauthorized advertising; your Contributions are not obscene, violent, harassing, or otherwise objectionable; and your Contributions do not violate any applicable law or these Terms of Use.

6. CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices. By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions. You are solely responsible for your Contributions and you expressly agree to exonerate us from any and all responsibility regarding your Contributions.

7. GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with criteria including: having firsthand experience with the person/entity being reviewed; not containing offensive profanity or abusive, racist, or hate language; not containing discriminatory references; not containing references to illegal activity; and not posting false or misleading statements. We may accept, reject, or remove reviews in our sole discretion. By posting a review, you grant to us a perpetual, non-exclusive, worldwide, royalty-free right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content relating to reviews.

8. MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you. You shall not: decompile, reverse engineer, or disassemble the application; make any modification or derivative work; violate any applicable laws; remove or alter any proprietary notice; use the application for any revenue-generating endeavor; make the application available over a network for multiple users; use the application to create a competitive product; or use any proprietary information in the design of other applications.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play: The license is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems; we are responsible for providing maintenance and support services; in the event of any failure to conform to any applicable warranty, you may notify the App Distributor for a refund; you represent that you are not located in a country subject to a U.S. government embargo; you must comply with applicable third-party terms; and the App Distributors are third-party beneficiaries of this mobile application license.

9. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

10. ADVERTISERS

We allow advertisers to display their advertisements in certain areas of the Site. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

11. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who violates the law or these Terms of Use; (3) refuse, restrict access to, limit the availability of, or disable any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property.

12. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. The Site is hosted in the United States. If you access the Site from any other region, you are transferring your data to the United States. We do not knowingly accept information from children under 13 without parental consent; if we receive actual knowledge that anyone under 13 has provided personal information without verifiable parental consent, we will delete that information as quickly as is reasonably practical.

13. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. We reserve the right to take appropriate legal action.

14. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime.

15. GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

16. DISPUTE RESOLUTION

Informal Negotiations: The Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration: If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes, both available at www.adr.org. Except where otherwise required, the arbitration will take place in California.

If a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in California. In no event shall any Dispute be commenced more than one (1) year after the cause of action arose.

Restrictions: Any arbitration shall be limited to the Dispute between the Parties individually. There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures.

17. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

18. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND ASSUME NO LIABILITY FOR ANY ERRORS, MISTAKES, INACCURACIES, PERSONAL INJURY, PROPERTY DAMAGE, UNAUTHORIZED ACCESS, INTERRUPTION, BUGS, VIRUSES, OR LOSS OR DAMAGE OF ANY KIND.

19. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR YOUR USE OF THE SITE DURING THE PERIOD OF ONE (1) MONTH PRIOR TO ANY CAUSE OF ACTION ARISING.

20. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, directors, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: your Contributions; use of the Site; breach of these Terms of Use; any breach of your representations and warranties; your violation of the rights of a third party; or any overt harmful act toward any other user of the Site.

21. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data.

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS.

23. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

24. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.

25. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

policy@findbear.app