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Terms Of Use

foundmi Terms and Service

This is a legal agreement between the person or organization ("User" or "you") agreeing to these Terms of Service ("Terms") and Bioworld Merchandising, Inc. DBA foundmi ("foundmi," "us," or "we") for the use of the foundmi app ("Application") and related services ("Services"). By accepting these Terms or using the Application or Services, you represent that you are of legal age and have the authority to bind the User to these Terms, foundmi's Privacy Policy, and the applicable conditions set forth herein (collectively the "Agreement").

Terms of Use and Privacy Policy

Users are responsible for reviewing the terms and conditions as posted on the interwebs located at www.foundmi.com (the "Website").

foundmi reserves the right to change the terms, conditions, and notices of this Agreement. You are responsible for regularly reviewing these terms and conditions and additional terms posted via the interwebs or any other electronic communication formats i.e. e-mail. Continued use of the Website, Application, and Services constitutes your agreement with all such new or revised terms, conditions, and notices.

License

Permission is granted to download a copy per user's individual mobile device of the Application from the Website or applicable "App Store" for personal, non-commercial use only (the "License"). This is the grant of a license, not a transfer of title, and under this license you may not:

  1. copy the Application other than personal backup use;
  2. modify the Application;
  3. use the Application for any commercial purpose;
  4. remove any copyright, trademark, or other proprietary notations from the Application;
  5. transfer the Application to another person or other server(s).
  6. attempt to reverse engineer the Application;

 

Consent to Use of Data:

You agree that Licensor may collect and use certain data and information (using beacons and other technology), including but not limited to, technical information about your device, system, peripherals and software and behavioral data such as the features you access and the frequency of use of the application. This information is gathered periodically to improve Licensor's products and provide software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. Such data will be transmitted by your device through a cellular data connection or wireless connection. Please note that while very nominal, transmission of such data through your cellular data connection will utilize some of your available bandwidth.

Sharing of Data

We will not sell, trade, or rent User's personal identification information (PII) to any third party. We may share generic data aggregated demographic information not linked to or identifiable as any PII regarding visitors and users with our business partners, trusted affiliates and\or advertisers for the purposes outlined above.

We may use third-party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys.

Third party websites

Users may find advertising or other content on linked sites or application that link to additional sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our site, are subject to that web-site's own terms and policies.

Disclaimer

The Application and Services are provided "as is". foundmi makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties. Further, foundmi does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Application and Services or software and devices related to the use of the Application or Services or any other websites linked to the Website.

Limitations

In no event shall foundmi or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the Website, Application, or Services. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Indemnification

You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party's use of the Services using your user ID, verification PIN and/or any identifier number , and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.

Links

foundmi is not responsible for the contents of any linked website. The inclusion of any website link on the Website does not imply endorsement by foundmi of that particular linked Website. Use of any such linked website is at the User's own risk.

Termination/Large Monsters

Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, we may immediately revoke your access to the application and its functions. And yes, your rights will terminate if in the event that large monsters are attacking your house .

Governing Law

C'mon y'all, let's not fight about this. But if we do have to fight, we agree to do it in Texas. As a condition of your use of Website, Application, or Services, you agree not to use the Website, Application, or Services for any purpose that is unlawful or prohibited by this Agreement. You may not use the Website, Application, or Services in any manner that could damage, disable, overburden, or impair the Website, Application, or Services. You may not attempt to gain unauthorized access to any other foundmi users information or website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website, Application, or Services.

Use of Alexa and the Alexa "Skill" foundmi

Privacy and Security: The Skill allows you to use your Alexa-enabled device (e.g., Amazon Echo) to communicate with foundmi, by voice, regarding your foundmi Device(s). To use the Skill, you will have to speak commands and questions aloud to Amazon's Alexa service ("Alexa"), and you will receive responses aloud. Any communication to foundmi via Alexa will be treated by foundmi as a communication authorized by you, and any communication from foundmi via Alexa in response to a request received from your Alexa-enabled device will be treated by foundmi as a communication to you. In other words, you are responsible for all of the interactions with foundmi via the Skill. For example, it is possible that someone other than you could interact with foundmi via the Skill, or that someone could overhear you interacting with foundmi via the Skill and learn information about or your foundmi Device(s). (Try using your "inside voice.") It is also possible that Alexa (and the equipment Alexa is installed on) and/or Amazon will record your interactions with the Skill or with Alexa. Consult your agreements with Amazon to learn more about how Amazon and your Alexa-enabled device treat those interactions.

Third-Party Security Settings: Once you set up your Alexa device with the Skill, you are authorizing foundmi to provide information to the device based on the device's security settings. For example, the settings on your device may allow the device to retrieve information about your Device(s) based on only verbal requests from anyone who uses your device, or to save information about your Device(s) for easier access. By enabling the Skill on your Alexa-enabled device, you are responsible for how the Skill is used (including any communication to or from foundmi from your device).

Accuracy: We didn't design or manufacture Alexa or your Alexa-enabled device. The device also runs other software (e.g., Alexa and other third-party apps) that we did not write or design and do not have control over. It's possible that Alexa will not hear you correctly, will incorrectly translate what you said, or even say something to you different than what we asked it to say. By accepting this Agreement, you understand and agree that foundmi is not responsible for inaccuracies in your interactions with foundmi via the Skill. If you have any issues or doubts about the accuracy of your interactions with foundmi via the Skill, you can still get your Device details all the same ways you were used to before you got fancy with newfangled technology (including using the foundmi mobile application(s).

Bugs: It's possible that there will be bugs. In addition to the possibility of Alexa mishearing you or misquoting us, there's also a possibility that something might not work correctly, or might not work at all. By getting this special hand crafted application and using the Skill, you're accepting that risk. Again, you do not need the Skill to access to your Device(s). All of the information available from foundmi via the Skill is also available the old-fashioned ways (see "Accuracy" section, above). Don't rely on the Skill as your sole means of accessing your Device(s).

Hardware and Other Requirements: To participate and access foundmi functions via the Skill, you must (1) have an active Account, (2) be registered with foundmi with your Account, (3) be a legal resident of the 50 United States or the District of Columbia, and be 14 years of age or older, and (4) have an Alexa-enabled device, an internet connection, and an Amazon account. You cannot use the Skill otherwise.

Release of Your Information to Amazon: Your interactions with foundmi via the Skill are subject to the foundmi Privacy Policy. By installing the Skill, you are authorizing foundmi to perform the actions and/or share with Amazon the information communicated to foundmi, or requested from foundmi. We're going to send that information through Amazon, which will then go through the interwebs. For example, if you request that Alexa tell you your balance on your foundmi credit card, you authorize foundmi to release that information to Amazon.

Changes or Amendments: We may change, suspend, or discontinue the Skill, or any part of it, at any time without notice. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on our website at http://www.foundmi.com . Your continued use of the Skill after the effective date of the revised Agreement constitutes acceptance of the terms.

Termination/Monsters : Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, we may immediately revoke your access to the Skill And yes, your rights will terminate if in the event that large monsters are attacking your house.

Tech Support: While you use this application foundmi may or may not provide technical and other support for the Skill. You agree to abide by any support rules and policies. If such support is provided, it will be provided in addition to any normal support for your Devices(s) and will be available exclusively through the pilot while you are a user of the foundmi Device(s).

Disclaimer of Warranty : Just in case this isn't clear yet, you acknowledge and agree that all use of the Skill is at your sole risk. YOU ASSUME ALL RISK FOR YOUR USE OF THE SKILL, THAT IT IS PROVIDED "AS IS", AND THAT foundmi MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED. foundmi EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM foundmi, OR THROUGH OR FROM THE SKILL, WILL CREATE ANY WARRANTY OF ANY KIND.

Governing Law; Jurisdiction; Venue: C'mon y'all, let's not fight about this. But if we do have to fight, we agree to do it in Texas. This Agreement shall be governed by and construed in accordance with the law of the State of Texas without regard to any portion of its choice of law principles that might provide for application of a different jurisdiction's law; provided, however, that to the maximum extent permitted under Applicable Laws.

Trademark Information: foundmi trademarks and graphics used in connection with the Skill are the property of foundmi. All other trademarks and graphics used are the property of their respective owners.