We here at FIND IT COLLECT IT, LLC (together with our affiliates, “Find It”, “us”, “our” or “we”) would like to thank you for your interest in our website and mobile applications and our related Services (as defined below) (collectively, our “Platform”). The terms and conditions set forth herein and any other document incorporated herein by reference (collectively, these “Terms”), together with our privacy policy (our “Privacy Policy”) govern your use of our Platform we make accessible thereby, so please read them thoroughly before accessing or using our Platform.

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BY ACCESSING AND USING OUR PLATFORM, YOU

(A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY;

(B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT UNDER THE APPLICABLE LAW AND THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY; AND

(C) AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND OUR PRIVACY POLICY, DO NOT USE OUR PLATFORM. IF YOU ARE USING OUR PLATFORM ON BEHALF OF ANY ENTITY, THEN YOU ARE AGREEING TO THESE TERMS AND OUR PRIVACY POLICY ON BEHALF OF THAT ENTITY.

We are not a collections agency. Find It is a mobile app based solely on new technology. We are now able to conduct searches digitally in an effort of finding hidden assets. With our newfound technology, locating hidden assets is our specialty.

 

As a judgment creditor, you have the right to assign a third party to enforce your judgment. Because you have the rights to your judgment, no one or company will be able to perform any action in pursuit of locating any money; therefore you will have to sign over the rights to your judgment to Find It for a 30 days period in order for us to perform the bank searches and any other search. Please check the consent box to grant us FIND IT, permission.

Otherwise, we are not allowed to perform any searches of any sort.

 

I, The judgment creditor, hereby give consent and assign all title, rights, and interest in this judgment and the right to enforce it to FIND IT, COLLECT IT LLC., for the next 30 days.

 

If you do not accept these Terms and Our Privacy Policy, you are not authorized to use our Platform. We reserve the right to modify these Terms and Our Privacy Policy at any time and such modification will be effective upon posting to our Platform (whether on our website or via our mobile applications) and/or provision of an email notice to you thereof. Your continued use of our Platform and/or Services following any such posting or notification of the revised Terms shall be deemed to constitute your acceptance of any such modifications. Please review these Terms periodically for changes and pay attention to the “Last Updated” date displayed at the bottom of this page.

 

1. SERVICES; OUR PLATFORM

Subject to Your acceptance of and compliance with these Terms and with the applicable payment requirements for the Services, Find It hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license to access and use our Platform, solely in accordance with these Terms. Our Platform is designed to help you and other users to (i) Locate through all national banks, where the defendant of an already awarded judgment may be banking in the New York State area, as well as in any other cities in which Find It may operate, from time to time; (ii) quickly and easily connect and communicate with representatives of Find It with relevant legal expertise in lawsuit violations.

To access our Platform, you will be asked to register and maintain an active user account (your “Account”), which includes, among other things, your credit card information and/or another valid payment method.

You hereby acknowledge, understand, and agree that your use of our Platform and Services is intended for Your personal, non-commercial use, unless otherwise previously authorized by us in writing.

Notwithstanding the obligations to which attorneys may be required to follow in verifying the identify of those users who engage their services, Find It shall undertake commercially reasonable efforts to verify the identity of a user at the time he/she submits a money judgment (based upon the policies and procedures that Find It shall implement from time to time), but disclaims any responsibility for doing so and/or for any errors made during such verification processes (whether such errors have arisen, directly or indirectly, from your acts or omissions). Accordingly, Find It shall not be accountable to any third party for any fees, penalties, or fines arising from the use of our Platform, where such use is the direct or indirect result of any identify theft or similarly situated violations of applicable law.

 

2. DISCLAIMER OF ATTORNEY-CLIENT RELATIONSHIP

Find It (i) is not a law firm; (ii) does not perform legal services that an attorney performs; and (iii) is not permitted to engage in the practice of law, including without limitation providing any kind of opinion or recommendation about possible legal rights, defenses or strategies; (iv) is not a collections agency. You hereby acknowledge, understand, and agree that Find It is not, under any circumstances your lawyer or legal representative, or counsel in any way. No attorney-client relationship between Find It and any of its users, including you, is created by using our Platform and/or Services. All information you provide us, while protecting as expressly provided under our Privacy Policy, is not protected by attorney-client privilege nor is it deemed attorney work product.

Any attorney-client relationship formed by you and any Service Provider (as defined below) pursuant to the Services, is between you and such Service Provider and not between Find It and you. Find It is designed to facilitate communications between its users and Service Providers but does not endorse any particular attorney or other Service Provider and shall not be held responsible for the quality or accuracy of any legal services provided by any attorney or other Service Provider. Find It does not supply any attorney information or relations to users from this platform or in any other circumstance.

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3. USE OF THE BANK SEARCH SERVICES

Territorial Scope. Services provisioned through our Platform to process bank searches are not limited to New York City judgments. As we expand our services to other cities and jurisdictions, we reserve the right to amend these Terms accordingly.

Submitting your Judgments. We recommend you submit your judgment through our Platform as soon after receipt thereof as possible, as hidden assets may still be available to trace and collect. It is still recommended no matter the age of your judgment, that you submit it on this platform, judgments are good for up to 20 years. 

Service Providers. The Bank searches and other legal services are made available by Find It, via its partners, affiliates, contractors, representatives, and agents (collectively, our “Service Providers”). By using the Bank Search locator, you authorize our Service Providers to represent you or other authority on all matters concerning submitted judgments you submitted via our Platform.

Standstill Provision. Once a judgment is submitted through our Platform, you hereby expressly, unconditionally, and irrevocably agree: (i) not to take any course of action that will directly or indirectly disrupt, intervene, or circumvent our Service Providers’ and our efforts on your behalf, (ii) not to take any action related to any of your parking tickets without our prior written consent, until Find It notifies you of either: (1) its accomplishment in locating a bank account; either with retrievable assets or unretrievable assets (2) locate or identify the unsuccessful in locating defendant(s) on submitted judgment(s), Social Security Number. Any violation of this provision shall subject you to cancellation for any further search efforts by this platform, which may be imposed in our sole discretion; and (ii) that our Service Providers and we are entitled to take any action reasonably deemed necessary or appropriate in the course of searching for bank accounts and/or any other legal searches provided by Find It platform.

Cancellation Policy. Once a judgment is submitted through our Platform, you may not cancel or reverse your request for the Bank Search(es) in connection with such judgment without our prior written consent. If you submit a judgment in error, please notify our customer support by email as early as possible, but in no case later than six (6) hours after your submission thereof. Your failure to notify us within this timeframe will be deemed acceptance by our Platform of your intent to submit your judgment(s)

 

4. FEES

General. You hereby agree to maintain current, valid, and accepted methods of payment on your Account throughout the term of your use of our Platform. All fees payable by you hereunder are exclusive of applicable taxes and duties. By establishing your Account and using our Platform, you authorize Find It to automatically charge your Account for all applicable charges incurred in connection with the Services. At all times, you remain solely responsible for all charges incurred under your Account, regardless of whether or not you were aware of such charges or their respective amounts at the time they were incurred (for example, under the Auto Dispute Program).

Bank Search Services. Find It collects payment for the Bank search automatically in order to perform the search. In the event that Finds It is requested to perform a Social Security Number (SSN) search, payment of $50 is only taken upon the success of locating the correct SSN for the defendant during the search of the bank account for submitted judgment. Hereby expressly authorize Find It to charge your Account in an amount of $25.99 per judgment submitted; every 30 days once authorized to perform another search will be an additional charge of $25.99; collectively $75.99 for both bank search and SSN search per each judgment with different judgment name. 

Hereby expressly authorize Find It to charge your Account in an amount of $199.99 per 10 bulk bank search purchases; $299.99 per 20 bulk bank search purchases; and $599.99 per 50 bulk bank search purchases.

For example, let’s say you submit a judgment(s):

• If Find It does not manage to successfully locate your defendant's bank account: You are charged still charged $25.99 for the search to be activated.

• If Find It successfully locates your defendant's bank account: You are only charged that $25.99 fee. No additional charges.

• If Find It successfully locates the requested defendant's Social Security Number: You are then charged $50.00.

• If Find It does not successfully locate the requested defendant's Social Security Number: You will be charged $0.00 and the bank search will still be pursued.

 

Payment Failure. In the event that Finds It is unable to process a payment fee or payment is canceled, Find It will not pursue any searches and result in any successes on behalf of your judgment. You will also be solely liable for any related “insufficient fund” charges or other penalties which may be imposed by your bank. If we are unable to process payment, the Services will immediately cease unless we notify you otherwise. In addition to the amount(s) due Find It, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks, including without limitation, collection fees, convenience fees and/or other third party charges. Without limiting the generality of the foregoing, you hereby expressly agree that all communications in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Find It by you. Such communications may be made by Find It or by any third party on its behalf, including without limitation, a third-party collection agent. The remedies stipulated in this Section 5 shall not derogate from any other right or remedy available to us by law or under these Terms.

Non-Refundable. Any and all fees that you pay to Find It is non-refundable.

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5. PROHIBITED USES

You may use our Platform and Services only (i) if you are eighteen (18) years of age or older and are of the age of consent in your jurisdiction, and (ii) for lawful purposes and in accordance and full compliance with any and all applicable international, federal, state, municipal, local or other laws or regulations.

You hereby further undertake not to:

• Disable, damage, impede, impair, violate, or interfere with the functioning of our Platform, its security, its related servers or networks, or any other party’s use of our Platform, whether by the use of malware or otherwise, or otherwise create a denial of service, or falsify the origin of a user’s communications;

• Alter, damage, or delete any material appearing on our Platform or Services; Reverse engineer, disassemble, decode, or otherwise attempt to derive or gain access to the source code of any software embodied within our Platform or any part thereof;

• Rent, lend, sell, sublicense, assign, publish, transfer, or otherwise make available our Platform or any features thereof, to any third party, for any reason;

• Remove, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting our Platform;

• Threaten, harass, stalk, spam, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of other users; and/or

• Otherwise, engage or cause any third party to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of our Platform, infringes any third party rights, or which, as reasonably determined by us, may expose Find It or the users of our Platform to any liability.

 

6. TERM AND TERMINATION

Account Closure. Find It reserves the right at any time, in its sole discretion and without notice to you, to terminate your license to use our Platform (and all other rights granted to you herein), and to block or prevent your access to and use of our Platform. You may terminate your license to use our Platform at any time and for your convenience, by notifying us in writing of your decision (or by otherwise following our Account closure procedures which are available on the App); provided, however, that such termination is not permitted and shall not apply to any judgment(s) that you previously submitted through our Platform with respect to which the Services are still provided (collectively “Ongoing Services”).

Pending Judgments. Please note that notwithstanding the parties’ respective termination rights, you will still be bound by these Terms (including any and all payment obligations) in connection with Ongoing Services. Find It and our Service Providers shall continue to support such Ongoing Services unless Find It has notified you otherwise of its choice, at its sole discretion, to cease such provision of Ongoing Services. Notwithstanding the foregoing, Find It may cease its involvement in connection with any Ongoing Services, at any time without notice, effective immediately if: (i) you violate any of these Terms; (ii) you fail to maintain a valid payment method in your Account; and/or you are otherwise in default of any payment obligation with respect the Services.

Effect of Termination. Upon termination: (i) all rights granted to you under these Terms will be terminated; (ii) you must cease all use of our Platform and may not submit new judgments; (iii) you will remain liable for all fees, charges, and any other obligations you have incurred through the date of termination with respect to the Services (including in connection with Ongoing Services in accordance with the “Pending Judgments” Section above). For the avoidance of doubt, termination of your use of our Platform and/or our Services will not limit in any way and of Find Its rights or remedies at law or in equity, all of which are expressly reserved hereby.

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7. THIRD-PARTY MATERIALS.

Our Platform may display, include or make available third-party content (including information, and other materials) or provide links to third-party websites or services, including through advertising (collectively, “Third Party Materials”). You acknowledge and agree that Find It is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Find It 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 you access and use them entirely at your own risk and subject to such third parties terms and conditions.

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8. COMMUNICATION WITH CUSTOMERS.

During your usage of the Platform, you expressly authorize Find It to contact you via email, SMS, chat, and by direct phone if Find It requires your cooperation regarding any Judgments, bank search, SSN search that you’ve uploaded to our Platform, or for any other reason that Find It is in need of contacting you regarding your account and/or any promotion. By registering an account and using our Services, you expressly consent to Find It contacting you via any of the foregoing methods. Unless you affirmatively consent, Find It will not contact you via SMS to sell you any different products or services that Find It may be offering.

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9. DISCLAIMERS

NEITHER FINDS IT NOR ANY OF ITS SERVICE PROVIDERS MAKES ANY WARRANTY, GUARANTEE, OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, QUALITY, SUITABILITY, ACCURACY, OR AVAILABILITY OF OUR PLATFORM OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER FIND IT NOR ITS SERVICE PROVIDERS REPRESENTS OR WARRANTS RESULTS OF THE USE OF OUR PLATFORM, THAT OUR PLATFORM, ITS CONTENT, OR ANY OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT OUR WEBSITE OR APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR PLATFORM OR ANY OF THE SERVICES WILL MEET YOUR EXPECTATIONS. FIND IT DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES CONCERNING THE INTEGRITY, COMPETENCE, QUALIFICATIONS, STANDING, STATUS, SUITABILITY, COMPLIANCE WITH PROFESSIONAL RULES, ACCURACY, OR LEGALITY OF ADVICE OF ATTORNEYS, OR THE OUTCOME, QUALITY, OR COMPLETION OF THEIR REPRESENTATION. FIND IT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

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10. LIMITATION ON LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR PLATFORM AND THE SERVICES REMAINS WITH YOU. IN NO EVENT SHALL FIND IT OR ANY OF ITS MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR OUR SERVICE PROVIDERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, INCLUDING ANY LOSS OF PROFITS OR ANTICIPATED SAVINGS, ANY EMOTIONAL DISTRESS, LOSS OF DATA, USE, GOODWILL, OR OTHER MONETARY OR INTANGIBLE LOSSES, RESULTING FROM: (1) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) OUR PLATFORM OR SERVICES; (2) ANY CONTENT SUBMITTED TO OR ACCESSED THROUGH OUR PLATFORM; (3) ANY SERVICES PROVIDED ON OR OBTAINED THROUGH OUR PLATFORM; OR (4) ANY COMMUNICATIONS OR DEALINGS WITH, OR CONDUCT OF OTHER USERS, OUR SERVICE PROVIDERS AND THE ATTORNEYS.

IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING DISCLAIMERS AND LIMITATIONS, WE SHALL BE HELD LEGALLY LIABLE FOR LOSS OR DAMAGE, TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FIND IT, (INCLUDING ITS MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, SERVICE PROVIDERS, REPRESENTATIVES OR AGENTS), FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES OR OUR PLATFORM. YOU AGREE THAT THE LIMITATIONS AND DISCLAIMERS PROVIDED IN THESE TERMS ARE REASONABLE AND WERE TAKEN INTO CONSIDERATION WHEN USING OUR PLATFORM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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11. FORCE MAJEURE

In addition to the applicable disclaimers identified above, our incomplete performance or failure to perform our duties under these Terms will not be considered a breach of these Terms and shall be fully excused in the event of interruption and/or delay due to causes beyond our reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, natural disasters (including without limitation, the elements, fire, and earthquake), explosion, acts of terrorism, power failures, equipment failure, industrial or labor disputes, acts of third party information providers, third party software errors or failures or communications interruptions or failures and all other events beyond our reasonable control.

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12. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Find It, our affiliates, independent contractors, Service Providers and consultants, and each of their respective officers, employees, agents, affiliates, successors, and assigns, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to reasonable attorneys’ fees) arising out of or related to (i) your use of or inability to use our Platform and/or the Services; (ii) your breach of violation of these Terms, any applicable law or the rights of any third party; and/or (iii) your gross negligence, fraud and/or willful misconduct.

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13. PROMOTIONS; REFERRAL PROGRAMS

Find It, at its sole discretion, may make available promotions with different features to any users or prospective users. Find It reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Find It determines that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms. From time to time, Find It may offer you incentives to refer new users to our Platform (the “Referral Program”). Your participation in the Referral Program is subject to these Terms and any additional Referral Program terms and conditions that Find It shall adopt and implement from time to time.

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14. INTELLECTUAL PROPERTY.

Our Platform, and the information and material therein, including our Platform’s features, functionality, and content are the exclusive property of Find It, its licensor, and/or providers of Third Party Materials and are protected by copyright or other intellectual property laws. Using our Platform and/or the Services does not give you ownership of any intellectual property rights in our Platform or the content you access. In the event you elect to communicate our suggestions for improvements in connection with our Platform or the Services, Find It shall own all rights, titles, and interest in and to the same, and shall be entitled to use them without restriction.

 

15. COPYRIGHT POLICY

We respect the rights of owners of intellectual property and expect our users to conduct themselves accordingly. If you believe that any information or material violates these Terms, infringes upon your copyrights or otherwise should be removed, you may submit a notification pursuant to the Digital Millennium Copyright Act (”DMCA”), please immediately notify us by email (Subject line: “DMCA Takedown Request”) or by mail at the address specified below and include the following information (see 16 U.S.C 512(c)(3) for further detail): (i) Identification of the copyrighted work(s) or material claimed to have been infringed or to be the subject of infringing activity and that is to be removed (provide information reasonably sufficient to permit us to locate the material); (ii) A physical or electronic signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed; (iii) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; (iv) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this paragraph, your DMCA notice may not be valid.

If you believe that any content provided by you was improperly removed (or to which access was disabled) and is not infringing, or that you have the authorization from the copyright owner or its agent, or by law, to post and use such content, you may send us a counter-notice containing the following information: (i) Your name, address, telephone number, and e-mail address and your physical or electronic signature; (ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) a statement that you consent to the jurisdiction of the federal court in New York, New York, and that you will accept service of process from the person who provided notification of the alleged infringement. We have the right but not the obligation to send a copy of such counter-notice to the original complaining party informing them that we may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of such counter-notice, at our sole discretion.

 

16. UPDATES

Find It may, from time to time, in its sole discretion develops and provide mobile application updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You shall promptly download and install all Updates and you acknowledge and agree that our Platform or portions thereof may not properly operate should you fail to do so.

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17. USER-PROVIDED CONTENT

In the event our Platform or Services allow you to contribute content, including by uploading data and information, posting messages, sending or sharing files and communicating with others you agree not to post, upload, e-mail, transmit, distribute, or otherwise make available through our Platform or Services any data, text, images, files, links, software, or communications that (i) we consider, in our sole and absolute discretion, to violate any applicable laws, including without limitation the laws of the United States; (ii) restricts or inhibits any other user from using and enjoying our Platform or Services; (iii) is threatening, abusive, harassing, defamatory, obscene, offensive, harmful, obnoxious, pornographic, profane, or indecent; (iv) contains viruses, worms, Trojan horses, harmful code, or any other element or component that has a capacity or potential to interrupt, destroy, interfere with, permit the unauthorized use of, or limit the functionality of any computer software or hardware, any telecommunications equipment, or any communications network; (v) violates or infringes the rights of others, including without limitation rights under copyright, trademark, or patent law; rights of privacy or publicity; rights under defamation law; or rights under any securities or other applicable law; (vi) sells or promotes any product or service; (vii) promotes, solicits, or partakes in any multi-level marketing or pyramid scheme; (viii) posts or transmits any unsolicited advertising, or promotional materials (spam); or (ix) provide a false identity or claim a relationship between you and any business, organization, or person for which you are not authorized or legally permitted to claim such a relationship.

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18. PRIVACY

Any personally identifiable information in electronic communications to our Platform or Services is governed by the Privacy Policy. Find It, as the owner of our Platform or Services, shall be free to use or copy all other information in any such communications, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purposes. Such purposes may include disclosure to third parties and/or developing, manufacturing, and/or marketing goods or services. The sender of any communications to our Platform or Services or otherwise to Find It shall be responsible for the content and information contained therein, including its truthfulness and accuracy.

IN ORDER TO PROVIDE YOU WITH OUR PLATFORM AND THE SERVICES AND ONLY IN ACCORDANCE WITH THE PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS, OUR PLATFORM AND THE CORRESPONDING SERVICES MAY NEED TO COLLECT, USE AND DISCLOSE YOUR PERSONAL INFORMATION. FIND IT MAY MODIFY THE PRIVACY POLICY IN ITS SOLE DISCRETION AT ANY TIME AND SUCH MODIFICATIONS WILL BE EFFECTIVE UPON POSTING TO OUR PLATFORM. MOREOVER, WINIT SHALL BEAR NO LIABILITY WHATSOEVER FOR ANY LOSS, DAMAGE, OR EXPENSE ARISING, DIRECTLY OR INDIRECTLY, FROM AMENDMENTS TO THE PRIVACY POLICY. EACH TIME YOU USE OUR PLATFORM, YOU CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION ACCORDING TO THE PRIVACY POLICY AS IT THEN READS. YOU UNDERSTAND THAT THIRD PARTIES, MAY COLLECT, USE OR DISCLOSE YOUR PERSONAL INFORMATION WHILE USING OUR PLATFORM AND THE SERVICES AND THAT SUCH COLLECTION, USE, OR DISCLOSURE IS SUBJECT TO SUCH THIRD PARTIES’ PRIVACY POLICIES.

 

19. ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES

These Terms and the Privacy Policy shall not be assignable by you, either in whole or in part and any attempted assignment or delegation will be null, void, and of no effect. We reserve the right to assign all or a portion of our rights and obligations under these Terms and Privacy Policy, at our sole discretion. These Terms and the Privacy Policy shall be binding and inure to our benefit and each of our successors and assigns. The covenants set forth in these Terms are intended solely for the benefit of Find It, its successors, and permitted assigns. Nothing herein, whether express or implied, will confer upon any person or entity, other than the parties, their successors, and permitted assigns, any legal or equitable right whatsoever to enforce any provision of these Terms.

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20. GOVERNING LAW; VENUE; LIMITATION OF TIME TO FILE CLAIMS

The validity, interpretation, and enforcement of these Terms, and matters arising therefrom or related thereto or to our Platform shall be governed by the internal laws of the State of New York, without reference to choice of law doctrine.

Any legal action or proceeding concerning the validity, interpretation, and enforcement of these Terms, matters arising therefrom or related thereto or to our Platform, shall be brought exclusively in the Federal and State courts located in New York County, New York (of in the Southern District of New York), and the Parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO VOLUNTARILY WAIVES (IN CONNECTION WITH ANY DISPUTE ARISING OUT OF THESE TERMS OR OUR PLATFORM), ANY RIGHT TO: (1) A TRIAL BY JURY IN ANY LITIGATION IN ANY COURT; AND (2) BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE WAIVED.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO OUR PLATFORM OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

21. MISCELLANEOUS

These Terms constitute the entire agreement between you and Find It with respect to our Platform and the Services, and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. Your access to our Platform or use of the Services shall not be construed as creating a partnership, employment, agency, or joint venture relationship between Find It and you. No failure to nor delay in exercising any right or any power hereunder by either party 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. In the event of a conflict between these Terms and any applicable purchase agreement or other terms, these Terms shall govern. If any provision of these terms 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 these Terms will continue in full force and effect. These Terms will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.

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22. NOTICES; CONTACT US

Any notices or other communications permitted or required hereunder will be in writing and delivered by Find It to you (i) by email (to the address that you maintain with your Account), or (ii) by posting on our Platform. You are responsible to maintain your email mailbox and agree to check your mailbox frequently. We assume no responsibility for a missed communication or any consequence caused by such missed communication. All notices shall be deemed effective one (1) business day after successful transmission (or posting) thereof. Should you have any questions about these Terms or otherwise need to contact us for any reason, please email us.

Last Updated: October 2022