PLEASE READ THESE TERMS OF SERVICE ("TERMS" OR "AGREEMENT") CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, AS THESE TERMS CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS ON DAMAGES YOU MAY CLAIM AGAINST FIND AND INDEMNIFICATION OBLIGATIONS YOU MAY OWE TO FIND.
THESE TERMS CONTAIN A PROVISION REQUIRING MANDATORY ARBITRATION OF CLAIMS THAT, EXCEPT WHERE PROHIBITED BY APPLICABLE LAWS, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE CLAIMS, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
If you are under the age of 18, STOP! You must get your parent or legal guardian to read and accept THESE TERMS. By Using Find Products or Services, your parent or legal guardian agrees to these Terms and they are responsible for your use and any issues and claims related thereto.
Find protects and connects your loved ones and family to make your life easier and less stressful. As you review these Terms, keep in mind that they apply to the websites, mobile apps, Help Center and other associated services (“Services”) provided by FRONTGUARD BİLİŞİM HİZMETLERİ VE TİCARET LİMİTED ŞİRKETİ, Inc., a Delaware corporation ("FRONTGUARD BİLİŞİM HİZMETLERİ VE TİCARET LİMİTED ŞİRKETİ" or “Company”), and Find’s subsidiaries.
These Terms of Service explain what you can expect from us and what we can expect from you in connection with your use of our Services and Products.
By accessing or using the Products or Services (including by downloading any mobile application we may offer from time to time), you signify that you have read, understood, and agree to be bound by these Terms as well as the relevant Product and Services Terms (which are incorporated herein by reference), whether or not you are a registered user of our Products or Services. These Terms apply to all visitors and subscribers who access or use the Products or Services (collectively, "Members"). Before accessing or using our Products or Services, please ensure that you have read the Privacy Policy and understand how we collect, store, use and disclose your personal information as described herein.
BY ACCESSING OR USING THE PRODUCTS OR SERVICES, YOU AGREE TO THESE TERMS, AND ANY PRODUCT AND SERVICES SPECIFIC TERMS THAT MAY BE REFERENCED WITHIN.
The Products and Services are intended for use by individuals and not by entities or businesses (for example, church groups, schools, corporations or businesses). Accounts and subscriptions for Find Services must be owned and operated by an individual who provides their, or their child’s, information to Find during account registration. You may use the Products and Service only if you can form a binding contract with Find, and only in compliance with this Agreement and all applicable laws, rules and regulations.
Anyone under thirteen (13) years of age (fourteen (14) years of age in Korea)(a “child”) is strictly prohibited from creating an account for the Service without explicit parental consent (or other age to the extent that your jurisdiction requires).
By providing consent for a child to use the Service, parents and guardians agree to: (i) be fully responsible for and exercise oversight of the child’s use of the Services, including ensuring that such use is always in accordance with this Agreement, all documents referenced in this Agreement, and all applicable laws, (ii) to be fully responsible and liable for the child’s compliance with this Agreement and the child’s use of the Services; and (iii) to be fully responsible for the disclaimers, waivers and limitations of liability set out in this Agreement on your own behalf and on the child’s behalf, and all references to “you” or “your” in (i) through (vi) in section 15 will be deemed amended to include your child or your ward, as applicable. The Service is not available to any Members previously removed from the Service by us.
You agree not to engage in any of the following prohibited activities:
We grant you a non-exclusive, limited, non-transferable, freely revocable right to access and use the Services on a single device that you own or control for your personal, non-commercial use only and as permitted by the features of the Service. Find reserves all rights not expressly granted herein in the Services and the Company Content (as defined below). Find may terminate this right at any time if you materially or repeatedly fail to comply with any of the provisions set out in this Agreement or directions provided by our customer support representatives, for any reason outside of our control or if we stop providing the Service.
In order to use our Product and Services, you must have an account with us. Accounts that you are able to establish with Find may give you access to the functionality of the Products and Services that we may modify from time to time in our sole discretion.
You may control your Member profile and how you interact with the Products and Services by accessing the “Settings” screen in the App and changing settings that are made available to you. For example, from the “Settings” screen you can add and delete Circle members, opt in or out of the sale or sharing of personal information.
When you download our App from the Apple App Store, Google Play or other app store or app distribution platform (an "App Store"), you acknowledge and agree that:
(i) these Terms are concluded between us, and not with the App Store, and that we (not the App Store), are solely responsible for our App;
(ii) the App Store has no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims;
(iii) the App Store is not responsible for addressing any claims you have relating to our App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our App fails to conform to any applicable legal or regulatory requirement; and
(iv) the App Store is a third-party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of our App through their App Store). You must also comply with the App Store's terms of service when using our App.
We may, without prior notice, change the Services; stop providing the Services or any features of the Services, to you or to Members generally; or create usage limits for the Services, in order to make performance or security improvements, to comply with the law or to prevent illegal activities on or abuse of our Services, or if elements of the Services are no longer able to be provided by us (for example, if an underlying Third Party Service Provider no longer provides them). You can also end your relationship with us at any time if you do not like any of these changes by closing your account (see section X (Cancel Your Paid Membership or Delete Your Account).
We may permanently or temporarily terminate or suspend your access to the Services without notice and liability if in our reasonable opinion (i) you materially or repeatedly violate any provision of this Agreement, (ii) if your account has been inactive for twelve (12) months or more, or (iii) for any reason outside our control or if we stop providing the Services. In most cases, we will provide you with prior notice before we suspend or terminate your access to the Services unless we reasonably believe that to do so would cause Find or another person legal liability, would compromise an investigation or the operation of any Find products, services, or systems, would cause harm to our Members or would otherwise be in breach of the law or the direction of a legal enforcement authority.
Some areas of the Services allow Members to upload or post content such as profile information, images, text, comments, questions, messages, and other content or information (any such content a Member submits, posts, displays, creates, or affirmatively chooses to make available on the Service is “Member Content”). Member Content does not include information collected from or about your phone or device. We claim no ownership rights over Member Content created or submitted by you. The Member Content you create remains yours; however, by sharing Member Content through the Services, you agree to the Member Content License Grant below, and to allow others to view, edit, and/or share your Member Content in accordance with your settings and this Agreement. Find has the right (but not the obligation) in our sole discretion to remove any Member Content that is shared via the Services.
You agree not to post or transmit Member Content or engage in Member Interactions that:
As part of providing the Services, Find may use automated abuse detection mechanisms designed to detect harmful content, including related to potential violations of these Terms of Service.
You agree, represent and warrant that any Member Content that you upload or post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Find reserves the right, but is not obligated, to investigate and take appropriate action, including rejecting and/or removing any Member Content or Member Interactions, suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms of Service. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other Members, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Member Content, and your conduct.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, province, country, territory or other jurisdiction.
In connection with your Member Content, you affirm, represent and warrant the following:
By posting any Member Content on the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Find a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Member Content and your name, voice, and/or likeness as contained in your Member Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with operating, developing, marketing, providing and improving the Products or Services.
As part of the Products and Services, we make available software and/or applications designed for mobile devices (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Find does not warrant that the Mobile Software will be compatible with your mobile device. Without limiting the general prohibitions on your actions found in the “Prohibited Uses” above, which also apply to the Mobile Software, you may not:
You acknowledge that Find may from time to time issue upgraded versions of the Mobile Software, and (where permitted) may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULAs, if any, authorizing use of such code. The foregoing right to use is not a sale of the Mobile Software or any copy thereof, and Find or our third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Find reserves all rights not expressly granted under this Agreement.
The following applies to any Mobile Software you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Company, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the then-current App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Company as provider of the software.
You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Company as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Company only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Company, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Company’s Google-Sourced Software.
By providing Find your email address you consent to our use of your email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Products or Services and, where permitted, special offers. If you do not want to receive promotional email messages, you may opt out by unsubscribing from such email communications from Find. Members whose residency is in jurisdictions requiring opt-in consent for such communications will be provided with an opportunity to provide such opt-in consent prior to receiving any non-Product or Service related messaging.
We may offer you the option to receive recurring SMS/text messages, which may include marketing SMS/text messages with exclusive information about Find's or our business partners' products or services including offers and features that may interest you, SMS/text messages from members of your family or friendship group who you invite to a Find Circle (your “Circle”), or alerts related to a monitoring feature of the Service (each a “Text Messaging Program”). We may also send SMS/text messages in the event of an emergency, such as detection of a significant motor vehicle collision involving a member of your Circle, or if you are listed as a Member’s emergency contact. By consenting to a Text Messaging Program, you agree to receive SMS/text messages to the mobile phone number you provided to us. You certify that the mobile number you provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages. You acknowledge and agree that the text messages may be sent using an automatic telephone dialing system, that standard message and data rates apply, and the frequency of messages may vary. Consent to receive automated text messages is not a condition of any purchase.
The Text Messaging Program may not be available on all carriers or compatible with all mobile phone models and carriers are not liable for any delayed or undelivered messages. Also, the availability of the Text Messaging Program may be impacted or restricted by the local laws, regulations or rules where you reside. We are not responsible for any delays upon sending or receiving text messages and can change the Text Messaging Program at any time.
To unsubscribe from text messages at any time, reply "STOP", "QUIT", "END", "REVOKE", "OPT OUT", "CANCEL", or "UNSUBSCRIBE" to any text message you receive through the Text Messaging Program. Following such a request to unsubscribe from a Text Messaging Program, you may receive one final text message confirming your request. For help with text messages, reply “HELP” to any text message you receive through the Text Messaging Program. You can also unsubscribe (or, after unsubscribing, resubscribe), or obtain help by emailing us at info@frontguard.co. If you unsubscribe from one of our Text Messaging Programs, you may continue to receive text messages from Find through any other Text Message Programs you have joined until you separately unsubscribe from those programs. Please keep in mind that if you opt-out of receiving text message alerts related to a feature of the Service, we may not be able to contact you with important messages regarding that Service or your Circle members. However, if there is an emergency or account question, we will attempt to contact you in other ways, such as by push notification or email.
As part of the Products and Services we provide, you will (if enabled) receive push notifications ("Push Messages"). Depending on the type of Service and feature involved, you may be able to opt-out of certain Push Messages, while retaining the ability to receive other Push Messages.
Except for your Member Content, the Products and Services and all materials, services, and information therein or transferred thereby, including, without limitation, information, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, content, reports, features, functionality, design, presentation, analyses and data that is otherwise generated, collected or transmitted through the Services or Mobile Software, and the “look and feel” of the Services (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Find and our licensors (including other Members who post Member Content to the Services). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to, or we may invite you to, submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Find under any obligation, and that we are free to use the Idea for any purpose without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Find does not waive any rights to use similar or related ideas previously known to Find, or developed by our employees, or obtained from sources other than you. Find has no obligation to review, consider or implement any Idea. You agree, represent, and warrant that any Idea that you submit does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy.
The Products and Services include a number of features which may or may not be available to you depending on where you are located, which Services, devices or features you elect and, where required, pay or subscribe to use. Some of the Service features require Mobile Software to be installed on the devices that the features apply to. Not all Service features may be available in your country. Please see our complete Product and Service Terms for more information regarding the features of the Products and Services and their limitations.
IX. BILLING, PRICING AND PAYMENT TERMS
This section contains additional policies and information about Find’s billing policies, and pricing and payment terms.
If you elect to use Subscription Features, you agree to the pricing and payment terms displayed at the time you elect to subscribe. Find may add new features for additional fees and charges, or amend fees and charges for existing services, at any time in our sole discretion. Any change to our pricing or payment terms shall only apply to you and become effective in the billing cycle following at least 30 days' notice of such change to you.
Find is not responsible for all the mobile data usage resulting from the use of the Services. Consult your provider with questions related to billing, as data rate charges and limits may apply.
All subscription fees plus any applicable taxes and other charges (the “Subscription Fee”) are payable in advance, at the beginning of your subscription term, and at the start of each billing period thereafter, at the then-current Subscription Fee.
You may have the option to pay your Subscription Fee on a monthly basis (a “Monthly Subscription”), or on an annual basis (an “Annual Subscription”) or in certain cases, on a monthly basis with an annual commitment and an annual renewal date ("Annual Commitment Monthly Subscription"). Your subscription with us will automatically renew until you cancel it. If you have a Monthly Subscription, we (or our third-party payment processor) will automatically charge you each month on the anniversary of the commencement of your Monthly Subscription, using the payment information you have provided until you cancel your Monthly Subscription. If you have an Annual Subscription, we (or our third-party payment processor) will automatically charge you annually on the anniversary of the commencement of your Annual Subscription, using the payment information you have provided until you cancel your Annual Subscription. If you have an Annual Commitment Monthly Subscription, we (or our third-party payment processor) will automatically charge you each month on the anniversary of the commencement of your Annual Commitment Monthly Subscription, using the payment information you have provided until you cancel your Annual Commitment Monthly Subscription and the annual commitment lapses. If you have an Annual Subscription or an Annual Commitment Monthly Subscription, we will send you a reminder at least thirty (30) days prior to each annual renewal with the then-current Subscription Fee. We may send additional reminders for other subscriptions as required. We reserve the right to change our Subscription Fees for Monthly Subscriptions, Annual Subscriptions, and Annual Commitment Monthly Subscriptions. We will provide you advance notice of any increase in the Subscription Fees applicable to your subscription.
If you change or upgrade your subscription, your billing date may also change. If you change from a Monthly Subscription to an Annual Subscription or an Annual Commitment Monthly Subscription, on your next billing date, you will be charged the then-current Subscription Fee for an Annual Membership or an Annual Commitment Monthly Subscription, and your Annual Subscription or an Annual Commitment Monthly Subscription will renew on an annual basis. If the option to change from an Annual Subscription or an Annual Commitment Monthly Subscription to a Monthly Subscription is available, and you change to a Monthly Subscription, at the next renewal date for your Annual Subscription or an Annual Commitment Monthly Subscription, you will be charged the then-current Subscription Fee for a Monthly Membership, and your Monthly Subscription will renew on a Monthly basis.
If you purchase a Find subscription, then you are able to apply the features associated with that subscription to one Circle on your Find account and those features will be available for all of the Circle members in the Circle that you apply the subscription to, up to a maximum of six members per Circle (some limitations may apply, please see the Product and Service Terms for more information). Only one Circle member needs to purchase and apply their subscription to a Circle. Find is not responsible if members purchase multiple subscriptions and apply them to the same Circle.
After initial registration of a paid membership subscription ("Paid Membership"), you may be given an initial free trial period (“Free Trial Period”). Certain features may not be available during the Free Trial Period, at Find’s sole discretion (for example, Towing is not available during a Free Trial Period of a Find Paid Membership). You may cancel your account at any time during the Free Trial Period to avoid any additional charges. If you do not cancel your subscription during the Free Trial Period, then at the end of the Free Trial Period you will be automatically charged for the price of the Paid Membership type you selected during registration, and you will continue to be charged that amount until you cancel your Paid Membership. You are limited to one trial per person (credit card or other unique payment or identification method) during any twelve (12)-month period.
You may cancel your Paid Membership as set forth below. Note that cancelling your Paid Membership does not delete your account.
By accepting a Free Trial Period, you agree that, at the end of the Free Trial Period, you will be charged the then-current Paid Membership Fee for a Monthly or Annual Paid Membership, as specified in the offer for the Free Trial Period, and at the start of each subsequent billing period. You authorize us to charge you using the Payment Information you provided when you accepted the offer for the Free Trial Period. We may validate your Payment Information and the payment method you provided by requesting a temporary authorization to the financial institution that issued your payment method. If we determine that your Payment Information or payment method is invalid, we may revoke your Paid Membership and terminate your Free Trial Period.
Find accepts most major credit and debit cards. Find also accepts in-app payments such as from third parties like Apple or Google. In the event that Find is unable to charge the card you have provided (e.g., expired credit card), Find will send you a notice to update your card information. You will have a seven (7)-day grace period to update your billing information. If the account is not updated within the seven (7)-day grace period, Find may terminate your subscription.
By purchasing Products or a subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to provide additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment methods represented by Payment Information that you provide us. You acknowledge and agree that we have no liability with respect to any act or omission by your payment provider. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
Find is not responsible for any charges or expenses you incur resulting from charges billed by Find in accordance with this Agreement (for example, overdrawn accounts, or exceeding credit card limits). By providing a credit card number or other payment method with advance authorization features (e.g., some PayPal accounts, or in-app payments such as from third parties like Apple or Google), you authorize Find to continue charging the payment method for all charges due Find, including taxes, until your account is settled and your subscription is terminated by either you or Find. Find reserves the right to limit the number of accounts that may be charged to a credit card or other payment or identification method per unique user.
Prices for subscriptions may change from time to time to reflect inflation or changing business requirements. If they do, and you currently have a subscription, Find will provide you with advance notice of the change via email (or if you have not provided a valid email address, through the Services or in another available manner) before the price change is to take effect. If you do not want to continue at the new price, you can cancel the relevant subscription before the price increase takes effect by following the instructions in Section X (Cancel Your Subscription or Close Your Account), below.
You may cancel your account at any time in accordance with Section X (Cancel Your Subscription or Close Your Account); however, except as set out in Section X(B) below (Cancel Your Subscription During the Cooling-Off Period) or where prohibited by applicable law, there are no refunds for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. Upon canceling any features, your subscription will be valid and you will retain access to the features until the start of your then-current paid period is completed. For example, if you purchase an annual subscription and cancel it two months into the year, you will not receive a refund for the remaining portion of the year, but will instead enjoy the features for the remaining ten months that you have already paid for.
All information that you provide in connection with a purchase or Transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or Transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, Transactions or other monetary transaction interactions.
You may cancel your Paid Membership at any time, and the cancellation will be effective at the next renewal date. Note that cancelling your Paid Membership does not delete your account. To delete your account, please follow the instructions in section X.D below.
Deleting your account, deleting the app, or leaving a Circle will not cancel your Paid Membership. To cancel your Paid Membership and stop any recurring charges, you must separately cancel your Paid Membership as described above. Please be sure to cancel your Paid Membership prior to deleting your account. You may delete your account at any time as follows:
If the Services provides professional information (for example, medical or legal advice from Find’s Third Party Service Providers), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
We care about the privacy of our Members. Please see our Privacy Policy for information about how we collect, use and disclose information about you, including device data, location, sensory and motion data. You consent to the collections, uses and disclosures of your personal information for the purposes described in our Privacy Policy.
Find cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Find. If you use any such links, you will leave the Service. Find does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Find’s Privacy Policy do not apply to your use of such sites. You expressly relieve Find from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Find shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
This section does not apply to consumers who are resident in the UK, EU, EEA or any other jurisdiction where this indemnity is not allowable under applicable law. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Find and our subsidiaries, agents/mandataries, licensors, managers, and other affiliated companies, and their employees, contractors, agents/mandataries, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your Member Content, or any Member Content or other information that is submitted via your account, including any Ideas; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
If the law of the country where you live does not allow for the disclaimer of certain warranties provided in this Section, those disclaimers shall not apply to you to the extent prohibited.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, ACCURACY, TIMELINESS, QUALITY, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIND OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, FIND, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT: (I) THE SERVICES OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICES (FOR EXAMPLE, DATA, INFORMATION, LOCATION, CRASH DETECTION OR REPORTING, EMERGENCY ASSISTANCE) WILL BE ACCURATE, RELIABLE, ERROR-FREE OR CORRECT; (II) THE SERVICES OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, TIMELY, UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
FIND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND FIND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
If the law of the country where you live does not allow for the disclaimer of certain warranties provided in this Section, those disclaimers shall not apply to you to the extent prohibited.
THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
NOTHING IN THIS AGREEMENT SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT FIND'S LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY FIND'S GROSS NEGLIGENCE; (2) FRAUD; (3) FRAUDULENT MISREPRESENTATION; OR (4) ANY OTHER LIABILITY WHICH CANNOT BE VALIDLY EXCLUDED OR LIMITED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIND, OUR AFFILIATES, AGENTS/MANDATARIES, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU FOR ANY LOSSES THAT WERE NOT CAUSED BY FIND'S BREACH OF THIS AGREEMENT OR ANY LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT THAT WAS NOT, AT THE TIME THAT YOU ENTERED INTO THIS AGREEMENT, A REASONABLY FORESEEABLE CONSEQUENCE OF FIND'S BREACH OF THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIND, OUR AFFILIATES, AGENTS/MANDATARIES, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE PRODUCTS OR SERVICES. UNDER NO CIRCUMSTANCES WILL FIND BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PRODUCTS OR SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES FROM THE PRODUCTS OR SERVICES OR RESULTS THAT ARE OBTAINED FROM USE OF THE PRODUCTS OR SERVICES (FOR EXAMPLE, DATA, INFORMATION, LOCATION, CRASH DETECTION OR REPORTING, EMERGENCY ASSISTANCE); (II) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR PRODUCTS OR SERVICES (EXCEPT TO THE EXTENT CAUSED BY OUR GROSS NEGLIGENCE); (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCTS OR SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR PRODUCTS OR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PRODUCTS OR SERVICES; (VII) MEMBER CONTENT, MEMBER INTERACTION, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) ANY ACTION OR INACTION OF THIRD PARTIES. IN NO EVENT SHALL FIND, OUR AFFILIATES, AGENTS/MANDATARIES, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY MEMBER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO FIND HEREUNDER IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
All legal actions arising with respect to the Services shall, unless prohibited by applicable law, be barred unless written notice thereof is received by Find within one year from the date of the event giving rise to such legal action.
The Services are controlled and operated from facilities in the United States and are available for use in certain other countries as explicitly identified in this Agreement or the Product and Service Terms. Other than the countries identified in this Agreement and the Product and Service Terms, Find makes no representations that the Products or Services are appropriate or available for use in other locations. Those who access or use the Products or Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations. You may not use the Products or Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Products and Services are solely directed to individuals located in the countries identified in the first sentence of this paragraph.
READ THIS SECTION CAREFULLY BECAUSE, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES THE PARTIES TO ARBITRATE THEIR CLAIMS. THESE DISPUTE RESOLUTION TERMS, INCLUDING ARBITRATION REQUIREMENTS AND WAIVER OF CLASS RIGHTS, APPLY TO ALL CLAIMS BETWEEN YOU AND FIND , INCLUDING THOSE THAT AROSE BEFORE OR AFTER YOU ACCEPTED ANY PRIOR VERSION OF FIND TERMS.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to limited review by courts. Unless expressly limited in this Section, arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis. Class arbitrations and class actions are not permitted.
FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT TO ARBITRATE.
To the fullest extent permitted by applicable law, Find and you agree to arbitrate all claims between us, except for claims (i) exclusively related to the intellectual-property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights) of you or Find, including any claims in which you or Find seek injunctive or other equitable relief for the alleged unlawful use or infringement of your or Find's intellectual property or other infringement of your or Find's intellectual-property rights ("IP Claims") or (ii) that are properly asserted in small-claims court, provided that the small-claims court does not permit class or similar representative actions or relief. For the avoidance of doubt, claims that are not related to intellectual property or intellectual-property rights but are jointly filed with IP Claims will be resolved by a neutral arbitrator through final and binding arbitration instead of a court by a judge or jury.
References to "Find," "you," "we," and "us" in this Arbitration Agreement include our respective predecessors in interest, successors, and assigns, as well as our respective parents, subsidiaries, and affiliates; those entities and our respective agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises; and all authorized or unauthorized users or beneficiaries of Products or Services under this or prior Agreements between us.
You agree that, by entering into this Agreement and accepting these Terms, you and we are each waiving the right to participate in a class action and to a trial by jury to the fullest extent permitted by applicable law.
This Agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This Section shall survive termination of this Agreement.
You and we agree that good-faith, informal efforts to resolve claims often can result in a prompt, cost-effective, and mutually beneficial outcome. Therefore, a party who intends to initiate arbitration, file a claim in small-claims court, or seek relief in court for IP Claims must first send to the other a written Mandatory Pre-Arbitration Notice. A Mandatory Pre-Arbitration Notice from you to Find must be emailed to info@frontguard.co. Find will send a Mandatory Pre-Arbitration Notice to the email currently associated with your account.
A Mandatory Pre-Arbitration Notice must include (i) the claimant’s name, address, and email address; (ii) a description of the nature and basis of the claim; (iii) any relevant facts giving rise to the nature and basis of the claim; (iv) a description of the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation for them; and (v) a personally signed statement from the claimant (and not solely by their counsel) verifying the accuracy of the contents of the Mandatory Pre-Arbitration Notice. The Mandatory Pre-Arbitration Notice must be individualized, meaning it can concern only one party’s claim.
After receipt of a completed Mandatory Pre-Arbitration Notice, the parties shall engage in a good-faith effort to resolve the claim for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the completed Mandatory Pre-Arbitration Notice, the recipient may, consistent with the good-faith effort to resolve the claim, request an individualized video settlement conference to be held during the 60-day period (but can be held after the 60-day period if the parties agree) and both parties will personally attend (with counsel for both parties, if represented, invited to attend the video settlement conference). If a party is unable to participate in the settlement conference by video, that party may attend telephonically upon showing of good cause warranting telephonic participation (e.g., inability to afford equipment or insufficient Wi-Fi due to indigent circumstances). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and to seek resolution. If we and you do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or we may commence an applicable arbitration proceeding, small-claims court proceeding, or court action, as permitted by these Terms.
Compliance with the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures is a condition precedent to initiating an applicable arbitration, small-claims court proceeding, or court action. Any applicable limitations period (including statute of limitations) and any filing-fee deadlines shall be tolled while the parties engage in these Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures. All the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are essential so that you and Find have a meaningful opportunity to resolve claims informally. If any aspect of these requirements has not been met, the filing or prosecution of an arbitration may be enjoined. In addition, unless prohibited by law, the arbitration service provider may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures. If the arbitration is already pending, it shall be administratively closed. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures.
Notwithstanding any provision of this Agreement to the contrary, either party may seek injunctive or other equitable relief from a court of competent jurisdiction pending completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures if such relief is necessary to prevent irreparable harm. For the avoidance of doubt, the court’s authority under this provision is strictly limited to granting temporary relief as may be necessary to support the arbitration, small-claims, or other judicial process, and the court shall not have authority to adjudicate the underlying merits of the dispute.
The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable arbitration rules, unless you qualify for a fee waiver under applicable law. You and we agree that arbitration should be cost-effective for all parties and that any party may engage with the arbitration service provider to address the reduction or deferral of fees.
Upon either party’s request, and unless otherwise prohibited by law, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
In any arbitration between you and Find, the defending party may, but is not obligated to, make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. If the party bringing the claim rejects the written settlement offer within 7 days after receiving it and the arbitration award is either (1) in favor of the party bringing the claim and is equal to or less than the defending party’s written settlement offer or (2) in favor of the defending party, then the party bringing the claim must pay the defending party’s costs incurred after the offer was made, including any arbitration fees paid. However, if applicable law prohibits the defending party from recovering its costs from the party bringing the claim, then the party bringing the claim may recover only those costs to which it is otherwise entitled that were incurred before the date the written settlement offer was made, and may not recover any costs incurred after the date the written settlement offer was made.
The fact, amount, or terms of any settlement offer under this subsection may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim.
The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class, collective, consolidated, or representative proceeding.
Notwithstanding the foregoing, and only to the extent required by applicable law, if a claim is asserted that includes a request for public injunctive relief (meaning injunctive relief that is primarily for the benefit of the general public and not solely for the benefit of the individual party), the parties agree that all issues other than the request for public injunctive relief shall be resolved in arbitration first (unless the claim is not subject to arbitration or is properly brought in small-claims court). Following the issuance of a final award on the arbitrable claims, any request for public injunctive relief shall be decided by a court of competent jurisdiction, to the extent required by applicable law. The court shall be bound by the findings of fact and conclusions of law made by the arbitrator to the fullest extent permitted by law.
Similarly, if, after all appeals have been exhausted, any of the prohibitions on (i) non-individualized declaratory or injunctive relief and (ii) class, collective, consolidated, or representative claims are found to be unenforceable with respect to a particular claim or request for relief, then the parties agree such a claim or request for relief shall be decided by a court of competent jurisdiction after all other claims and requests for relief are arbitrated. The court shall be bound by the arbitrator’s findings of fact and conclusions of law to the fullest extent permitted by law.
You agree that any arbitrations between you and Find will be subject to this Section and not to any prior arbitration agreement you had with Find, and, notwithstanding any provision in this Agreement to the contrary, you agree that this Section amends any prior arbitration agreement you had with Find, including with respect to claims that arose before this or any prior arbitration agreement.
If, at any time, 25 or more claimants (including you or Find) submit Mandatory Pre-Arbitration Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities, then you and we agree that the additional procedures set forth below shall apply.
The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. The parties acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of their claim might be delayed but that reasonable efforts will be made to minimize any such delays. Any applicable limitations period (including statutes of limitation) and any filing-fee deadlines shall be tolled beginning when the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are initiated, so long as the Mandatory Pre-Arbitration Notice complies with the requirements in this Section, until a claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted-out-of arbitration.
Stage One. Counsel for the parties shall each select 10 claims per side (20 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. The outcomes and rulings of these Stage One arbitrations shall have no precedential or binding effect on any remaining claims. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process.
Stage Two. After the Stage One arbitrations are completed (or sooner if the parties agree in writing), the remaining parties must engage in a single global mediation of all remaining claims, with the mediator’s fee paid by Find. The parties must agree on a mediator within 30 days after the conclusion of the last Stage One arbitration. If the parties cannot agree on a mediator within 30 days, the arbitration service provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
Stage Three. If the Stage Two mediation does not resolve all remaining claims, the arbitration requirement in this Section will no longer apply to any party with a claim for which a timely and compliant Mandatory Pre-Arbitration Notice was submitted and who completed the Informal Dispute Resolution Procedures. Any such party with an unresolved claim must pursue that claim in court, not in arbitration. These parties may bring their claims in court either individually or as part of a joint or consolidated action. However, to the fullest extent permitted by applicable law, any joint or consolidated court action may include only those claimants in Mass Filings who submitted a timely and compliant Mandatory Pre-Arbitration Notice and completed the Informal Dispute Resolution Procedures.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your claim, and a court of competent jurisdiction determines that they are not enforceable as to your claim, then your claim shall proceed in a court of competent jurisdiction otherwise consistent with this Agreement.
You and Find agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere claims between us. You and Find acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.
You have the right to opt out of the arbitration requirements of this Section by sending written notice of your decision to opt out to info@frontguard.co within 30 days of first agreeing to these Terms. Such notice must include (i) the name of the person opting out, (ii) their contact information (including email address, mailing address, and telephone number), and (iii) a statement that you wish to opt out of requirements to arbitrate and instead agree to resolve claims in court. If you do not timely send such notice of opting out of arbitration, then you agree to be bound by this Section’s arbitration requirements.
If any portion of this Section is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (iii) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
You and Find agree that, to the fullest extent permitted by law, each party may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and Find may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and Find may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party. Notwithstanding the foregoing, you or Find may participate in a class settlement. To the fullest extent permitted by law, you and Find waive any right to a jury trial.
If you have a question or complaint regarding the Products or Services, please send an e-mail to info@frontguard.co. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with Find.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Find without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Find may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website or mobile application, as determined by Find in our sole discretion or as may be required by applicable law. In order for us to send you notifications by email, you must ensure that you have an updated email address entered into your account. You can add an email address to your Find account, or update the email address you have on your account, by accessing Settings – Account – Edit Email Address within the Find App. Find reserves the right to determine the form and means of providing notifications to our Members, provided that you may opt out of certain means of notification as described in this Agreement. Find is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Find may modify or update this Agreement from time to time to reflect changes to our Services or how we do business; for legal, regulatory or security reasons, or to prevent abuse or harm. Your continued use of the Services after any such change constitutes your acceptance of the Agreement. If you do not agree to any of these terms or any future Agreement, do not use or access (or continue to access) the Services. You can also end your relationship with us at any time if you do not agree any of these changes by closing your account (see section X "Cancel Your Subscription or Close Your Account".
This Agreement, together with any amendments and any additional agreements you may enter into with Find in connection with the Products and Services (including all supplemental terms referenced herein), shall constitute the entire agreement between you and Find concerning the Products and Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Find’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play, the Google Play logo, and Android are trademarks of Google Inc. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by us is under license. All other trademarks and trade names are properties of their respective owners.
Find maintains an office address at: Asmalı Mescit Mah. Asmalı Mescit Cad. Şahin Han No: 21, İç Kapı No: 55 Beyoğlu/İstanbul - Türkiye
You and Find have each expressly requested and required this Agreement and all documents that relate hereto be drawn up in the English language, and that the English language version of this Agreement shall prevail in the case of any discrepancies between it and a version in any other language.