Last Updated: March 18, 2026
These Terms and Conditions of Service (“Agreement“) are a binding agreement between you (“you” or “your”) and Lost & Found LLC d/b/a Lost & Found Marketing (“Company” “us” “our” or “we”) and governs your access and use of the our tools, content, materials, images, videos, text, service marks, logos, data, information, services, and other information that we make we make available or accessible to you on our website pages (collectively the “Services”).
BY ACCESSING AND USING OUR SERVICES YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (C) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICES. THESE TERMS INCLUDE A CLASS ACTION WAIVER, JURY TRIAL WAIVER, AND BINDING ARBITRATION PROVISION TO RESOLVE DISPUTES. PLEASE REVIEW CAREFULLY.
Subject to the terms of this Agreement, Company grants you a personal, limited, royalty-free, non-assignable, non-exclusive, nontransferable, and revocable right to access and use the Service on your own personal, noncommercial purposes. Except for the limited rights granted under this Agreement, you do not acquire any ownership interest in the Services under this Agreement, and all rights, title, and interests in the Services, together with all related documentation, methods, algorithms, materials, images, text, graphics, illustrations, logos, patents, trademarks, copyrights, photographs, and all other intellectual property that is part of the Service, will remain with Company and its licensors and service providers, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto.
You acknowledge and agree that at times the Service may be inaccessible or inoperable for any reason whatsoever, including, without limitation, equipment malfunctions, periodic maintenance procedures or repairs which Company may undertake from time to time without notice to you, causes which are beyond the control of Company or which are not reasonably foreseeable. Company will not be liable for the inaccessibility or inoperability of the Services. Company may from time to time in its sole discretion develop and provide Service updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features, functionality and content. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features, functionality, or content. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of this Agreement.
You represent and warrant that your use of Services is only for lawful purposes and is consistent with the terms and conditions set forth in this Agreement. You further represent and warrant that you will not:
You may be required to provide, create, or upload your information as a condition to using the Services or certain of its features or functionality, which may include, but not be limited to text, information, photos, data, questions, comments, suggestions, or other information (“Your Information”). You will retain ownership rights in Your Information and represent and warrant that Your Information is accurate, complete, up-to-date, and that you have the necessary licenses, rights, consents, and permissions to use and authorize Company to use Your Information in the manner contemplated by this Agreement, including, but not limited to all intellectual property rights. By submitting Your Information to Company, you grant Company a perpetual, royalty-free, sub-licenseable, and transferable right and license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, prepare derivative works of, analyze, transmit, distribute and otherwise commercial exploit all or any portion of Your Information for any purpose, including, but not limited to operating, developing, providing, promoting, and improving the Services. The license you grant Company under this Section also includes a right for Company to make Your Information available to and pass these rights along to Company’s licensors and service providers with whom Company has a contractual relationship related to the provision of the Services, including, but not limited to Technology Providers (as defined below).
To the extent you provide Company any feedback or suggestions regarding the Services, including, without limitation, new features or functionality related thereto, or any comments, questions, or suggestions, all feedback shall belong exclusively to Company and Company is free to use such feedback without any compensation or attribution to you.
Company’s license and rights to use Your Information is subject your rights under applicable law, such as laws applicable to personal data protection. For more information about how Company collects, uses, and shares Your Information that is personal data, please review our Privacy Policy (the “Privacy Policy”), which is incorporated into this Agreement by reference. By providing Your Information to or through the Services, you agree we may use Your Information that is personal data in accordance with the Privacy Policy.
The Services may display, include, or make available third-party content or provide links to third-party websites or services, including third-party advertising (“Third-Party Materials“). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and your access and use them entirely at your own risk and subject to such third-party terms and conditions.
You further knowledge and agree that Company uses or relies on technology provided by third party service provider to provide some portions of the Service, (collectively, the “Technology Providers”). You acknowledge and agree Company is not responsible for the failure to provide the Services, if such failure is a result of or arising out the Technology Providers. Further, you agreed to be bound by any Technology Provider terms linked to the Services, which shall be incorporated herein by reference. To the extent there is a conflict between the terms of this Agreement and the terms of the Technology Provider, the terms of this Agreement shall control for the Services, and the terms of the Technology Provider shall control for the Technology Provider component of the Services. Company shall have no liability for the services or materials provided by the Technology Providers, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, biasness, quality, or any other aspect thereof.
This Agreement will remain in full force and effect while you access and use the Services. You may terminate this Agreement by discontinuing use of the Services. We may terminate this Agreement and your access to the Services at any time without notice to you for any reason in our sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination: (a) all rights granted to you under this Agreement will also terminate, including, but not limited any rights set forth in Section 1 of this Agreement; and (b) you must cease all use of the Services. Termination will not limit any of our rights or remedies at law or in equity and any provisions of this Agreement that by its terms has application to events following termination shall remain in full force and effect.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND AND THE COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, OPERATE WITHOUT INTERRUPTION, BE ERROR FREE, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE OR COMPLETE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABE LAW, IN NO EVENT WILL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, TECHNOLOGY PROVIDERS, OR SUCCESSORS OR ASSIGNS HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR PUNITIVE DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US (IF ANY) IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM. THE LIMITATIONS IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER OR NOT THE POSSIBLITY OF SUCH DAMAGES HAS BEEN DISCLOSED OR COULD HAVE BEEN REASONABLY FORESEEN, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
To fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, licensors, Technology Providers, and successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, costs of enforcing any right to indemnification under this Agreement, arising from or relating to your use of the Services, Your Information, your conduct towards other users, your negligence or willful misconduct, your breach of the terms of this Agreement, or your violation of the rights of any third party, including Technology Providers.
If you believe we have breached this Agreement or our provision of the Services to you, you agree that as a material provision of this Agreement that you will provide us with a detailed written notice of any claimed deficiencies and at least thirty (30) days to cure such alleged deficiency prior to commencing any arbitration proceeding against us as set forth below. If the Company takes steps to fix the issue, but the fix cannot be completed within the thirty (30) day time period, then the Company shall continue to have the opportunity to fix the issue without you bringing a legal claim so long as the Company uses commercially reasonable means without undue delay to resolve the issue. During the aforementioned cure periods, any applicable statute of limitations period will be automatically tolled. If the Company provides written notice to you that it is waiving this Section or otherwise is not pursuing a resolution to your proposed claims, the tolling period shall automatically cease within three (3) days of such notice being provided to you. Should you violate this provision and fail to give us such notice, it shall constitute a material breach of this Agreement and entitle us to all of our attorneys’ fees, court costs, and any related expenses associated with enforcing our right to the thirty (30) day cure period. This provision specifically applies to any and all claims under local, state or federal law, and specifically includes claims related to the American with Disabilities Act.
This Agreement is governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule. You agree that any claim, dispute, action or litigation based hereon, relating to or arising out of this Agreement, or the Services shall be brought and maintained exclusively via arbitration (except for injunctive relief). Any party seeking to pursue an action to arbitrate shall give written notice to the other party of such election that summarizes in sufficient detail the basis of the dispute at least ten (10) days before bringing an arbitration action. The dispute shall be submitted for arbitration with JAMS in accordance with its Comprehensive Arbitration Rules and Procedures. Such arbitration shall be conducted, unless otherwise agreed by the parties, by a single arbitrator, who shall be a former judge, in St. Louis County, Minnesota. The award of the arbitrator may be confirmed or enforced in any court of competent jurisdiction. The prevailing party in any arbitration shall be entitled to recover all costs incurred by such party in connection with the proceeding, including reasonable attorneys’ fees. If injunctive relief is needed, the parties agree to exclusively utilize the courts with jurisdiction in St. Louis County, Minnesota. You expressly waive any objection of venue and jurisdiction, including but not limited to arguments that such litigation any action has been brought in an inconvenient forum.
WE WISH TO TIMELY RESOLVE ANY DISPUTES THAT YOU MAY HAVE WITH US. ACCORDINGLY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERIVCES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THIS AGREEMENT. FURTHER, EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AND INSTEAD, AGREES THAT ANY AND ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
You may not assign any of your rights or delegate any of your duties under this Agreement or the Privacy Policy. Company may assign this Agreement without your consent to, a subsidiary or affiliate, an acquirer of Company’s equity, business or assets, or to a successor by merger. Except as otherwise expressly provided herein, this Agreement shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.
From time to time, Company may, in its sole discretion, change, modify, supplement or remove portions of this Agreement. Such changes shall become effective upon the posting of the revised Agreement or upon sending you an email or other notification. You will be deemed to have agreed to such change by continuing to use the Services following the date in which such changes become effective.
This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services. Our provision of marketing services may be subject to another agreement with you, which is distinct and separate from the Services and terms set forth under this Agreement.
