Find UR Phone- Terms and Conditions

Last updated: December 10, 2014


Find Ur Phone Commands:

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For support, please email contact@findurphone.com or call 866443345.

This service ONLY WORKS for phone on the the following U.S. Carriers: AT&T, Verizon, T-Mobile, and Sprint.

Subscriber phone location is stored temporarily, only while a subscriber is logged in

Before using Find UR Phone service (the "Service"), You must read and accept the following terms and conditions (the "Agreement").

BY CLICKING ON THE "I ACCEPT" BUTTON, YOU WILL ENTER INTO THE AGREEMENT WITH FIND UR PHONE, LLC. AND BE BOUND BY THE TERMS AND CONDITIONS PRESENTED BELOW WITHOUT CHANGE AND YOU CONSENT TO HAVE THIS AGREEMENT PROVIDED TO YOU IN ELECTRONIC FORM.

  1. Use of the Service 

  To use the Service, you must log into your Find UR Phone account but this Agreement governs your use of the Service. You acknowledge and agree that your use of the Service will be solely for your personal and lawful use and for no other purpose and you will comply with any applicable laws regulations. You may use the Service to locate your mobile device (and not the devices of another person) provided that the device has GPS functionality or is otherwise locatable ("Device"). You acknowledge and agree that (a) the Service does not guarantee that any location information will be provided when you seek to locate your Device; (b) any location information provided by the Service is an approximate location of your Device and the Service responses are not accurate, timely or reliable; (c) use of the Service and any requested location information is subject to network capabilities, environmental conditions such as structures, buildings, weather, geography, landscape, and topography, available data, atmospheric conditions and other factors associated with use of satellites and satellite data; (d) the Service is subject to your mobile device being turned on, charged and findable, among other factors; (e) maps created with the Service are subject to and you agree to be bound by Google's Terms of Use which are hereby incorporated by reference and viewable at http://code.google.com/apis/maps/terms.html .  (f) Service is for the sole use of finding your lost or stolen Device and not intended for any sort of continuous tracking. As such, number of location lookups may be limited and your service may be terminated without refund for any misuse or abuse of the service. You have all necessary right, power and authority to enter into and perform as required under this Agreement. For example, you are not a minor and you are not barred or prohibited under applicable law from entering into this Agreement.

2.  Data Collection and Privacy Policy 

 You authorize Find UR Phone (including without exception its suppliers) to collect, use and disclose the geographic location of your Device and any personal information related to your use of the Service (which may include but is not limited to telephone number, equipment identifiers and Internet Protocol addresses) as necessary to enable the Service. Find UR Phone's Privacy Policy governs the data collected when you use the Service. Please read Find UR Phone's Privacy Policy  http://findurphone.com/privacy.php .

3.  Changes To Phone Locator And This Agreement 

  Find UR Phone may - with or without notice - perform maintenance, modify, replace, refuse access to, suspend, limit access or discontinue the Service, partially or entirely. Find UR Phone may terminate the Agreement for cause or no cause, at any time. If Find UR Phone discontinues the Service entirely or terminates the Agreement, it will post a notice on the Service website:http://www.findurphone.com. Find UR Phone reserves the right to modify, supplement or replace the terms of the Agreement ("Modified Terms"). You acknowledge and agree that any such Modified Terms will become effective and binding on you until the Agreement is terminated. You may terminate the Agreement by discontinuing all use of the Service at any time.

4.Ownership and Restrictions on the Service

The Service, including any data, materials, technology, software or other materials that comprise it, is protected by copyright, trade secret and other intellectual property laws and treaties and all title and intellectual property rights in and to such are owned by and will remain the exclusive property of Find UR Phone, its licensors and/or suppliers. All rights not expressly granted herein are reserved.

5.Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE WHICH INCLUDES WITHOUT LIMITATION THE SERVICE WEBSITE, ANY INFORMATION AND SOFTWARE ASSOCIATED WITH THE SERVICE, IS PROVIDED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIND UR PHONE DISCLAIMS ANY WARRANTY, REPRESENTATION AND CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE (AS DESCRIBED ABOVE), INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT WHETHER ARISING BY LAW, STATUTE, USE OF TRADE OR COURSE OF DEALING. 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIND UR PHONE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND REPRESENTATIVES, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING THE WEBSITE, ANY INFORMATION ANY SOFTWARE ASSOCIATED WITH IT, WHETHER ARISING OUT OF THE USE OF SUCH, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FIND UR PHONE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

7. Indemnification

You agree to and will indemnify and defend Find UR Phone and its affiliated entities, and their respective employees, directors, officers, shareholders, agents, suppliers and permitted assigns from any third party damages, losses, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) related to claims, demands, charges or investigations, arising out of or in connection with your use of the Service. In no event will you settle any claim without Find UR Phone's prior written approval. Find UR Phone reserves the right, without waiving any rights to indemnification, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without the prior written consent of you. All indemnification obligations will continue in effect even after, and notwithstanding, any expiration or termination of this Agreement.

8.Electronic Notices, Electronic Access, Electronic Signature

By clicking on the "I Accept" button you consent to Find UR Phone providing the Agreement in electronic form. YOUR AGREEMENT AND INTENT TO BE BOUND BY AN ELECTRONIC AGREEMENT APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS RELATED TO THE SERVICE, INCLUDING WITHOUT LIMITATION, AMENDMENTS AND NOTICES. To access and retain this electronic Agreement and use the Service, you must have access to the World Wide Web either directly (via computer and modem) or through devices that access web-based content and pay any applicable fees. You may save this Agreement into any word processing program or print it. You have the right to receive the Agreement in non-electronic form and to withdraw your consent to have this Agreement provided to you in electronic form. If you withdraw such consent, Find UR Phone will discontinue your access to the Service. To withdraw your consent and/or request a non-electronic copy of this Agreement, send such request to legal@findurphone.com

9.Notices

Find UR Phone will provide notices permitted or required by this Agreement by posting them on the Service website.

10. Miscellaneous

This Agreement, including any addendum or amendments to this Agreement, are the entire agreement between you and Find UR Phone relating to the Service and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by this Agreement. To the extent the terms of any other Find UR Phone agreements or policies conflict with the terms of this Agreement, the terms of this Agreement will control. The failure of Find UR Phone to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid or contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the parties' intentions, and the other provisions of the Agreement will remain in full force and effect. Find UR Phone affiliates and subsidiaries are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or to the Agreement must be commenced within one (1) year after such claim or cause of action arose or you waive such claim or cause of action. This Agreement is governed by the laws of the State of Colorado, excluding conflicts of law principles that may provide for the application of the law of another jurisdiction and excluding the UN Conventions on Contracts for the International Sale of Goods. You expressly agree that the exclusive jurisdiction for any claim or dispute with Find UR Phone or relating in any way to your use of the Service resides in the courts of the State of Colorado. All options, rights and covenants contained herein that are intended to survive will survive the termination of this Agreement. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation will be ineffective.

 

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