SERVICE AGREEMENT

Posted August 14, 2012

  • Welcome to The Finder’s Club!

    Thanks for joining our growing club and for using our products and services. The services are provided by The Finder's Club (sometimes referred to in this document as “the Club” and sometimes abbreviated as “TFC”), located at 315 S Coast Hwy 101 Ste U199, Encinitas, CA 92024-3555 USA.

    By using our services, you are agreeing to the terms of this agreement.  Please read them carefully.

    Specific terms will vary according to whether you are a dues-paying Member of The Finder’s Club (also called an “Owner”), a Finder who visits our website to report a found item, a casual visitor to our website, or a former Member (that is, a Member who at some point stopped paying his or her membership dues).

  • Using Our Services

    You may use our services only as permitted by law. In particular, if you are a Finder, it is your responsibility to make yourself aware of laws in your jurisdiction pertinent to returning lost property to its rightful owner.  The Finders Club’s primary purpose is to put Finders in touch with Owners; it does not provide legal advice to Finders or Owners regarding any applicable laws.

    Using our services does not give you ownership of any intellectual property rights in our services.  You may not use our logos, images, or sales slogans, for example, without our written permission.

    In connection with your use of the services, we may send you service announcements, administrative messages, reminders, and other communications. You may choose to opt out of some of those communications.

  • Your Membership in The Finder’s Club

    In order to register your items of personal property with The Finder’s Club, you will need to become a Club Member.  This is achieved through payment of a membership fee.  Membership is then maintained by payment of a small monthly fee, which is automatically charged to your credit card, debit card, or PayPal account. The membership fee or monthly fee might be waived from time to time for promotional or other reasons. Because our fees are nominal, they are normally nonrefundable.

    If you learn of any unauthorized use of your password or account, it is your obligation to take appropriate remedial action, for example by changing your password (which you can do through the Manage Account link on our toolbar).  If you have been locked out of your account or cannot otherwise solve the problem, it is your responsibility to notify us (at service@TheFindersClub.org) as soon as possible. After verifying your identity to our satisfaction, we will then assist you in restoring your account or resetting your password within a reasonable time period. The Finder’s Club assumes no responsibility for any unauthorized use of your password or account.

  • Privacy Policy

    We will not sell your email address to other parties or companies or knowingly send you spam or cause other parties to send you spam.  The code numbers and item descriptions you enter in our database are confidential.  Unless required to do so by a legitimate legal authority, we will not share any specific information about your account or your personal property with parties outside our company.  We ask you to provide descriptions of your personal property only in order to verify that a Finder has actually found your property.  (Please see “Mismatched Codes” section below for additional information regarding the need for item descriptions.)  If at some point The Finder’s Club is involved in a merger, acquisition, or asset sale, we will continue to protect the privacy of personal information in our database and give Members and former Members notice before personal information is transferred or becomes subject to a different privacy policy.  Our privacy policy may change from time to time.  We will not reduce the rights of Members and former Members under this Privacy Policy without their explicit consent, and we will make a reasonable effort using email addresses on file to notify Members and former Members of any substantive changes in this policy.

  • Mismatched Codes

    If a Finder types in a code that does not correspond to the description you provided for an item you previously registered in our data base, we will assume either that (a) the Finder has mistyped the code, (b) the original tag or sticker has been moved to a different item, or (c) you mistyped the code when you registered the item in our database.  In all such cases, where an item code does not match an item, we will not notify an Owner that the item has been found.  In other words, we will notify an Owner that his or her item has been found only when we have reason to believe that he or she is the rightful owner of that item.  To act otherwise would, we believe, be dishonest on our part and might also violate the law.  This means that it is extremely important not only that you type your code accurately when you register an item online but also that you are careful to put the correct tag on the correct item.  If, by accident, you swap tags between two items, neither one of them will be recognized as a legitimate item if they are ever reported lost.

  • Limited Guarantee of Performance

    The Finder’s Club does not guarantee that your lost property will be returned, nor that returned property will be in the same condition that it was when you last possessed it.  Sometimes items are lost and never found. A necklace dropped into the ocean, for example, would be almost impossible to recover, and sometimes valuable items are found by dishonest people who have no interest in returning them.  What we do guarantee is that when someone finds your property, signs onto our website, and types in the correct code, as long as your membership is current, we will notify you immediately by email. If you have signed up for instant notification by text message, we will also notify you this way as well (text message service currently available in the USA and Canada only).

  • Communications

    When you contact The Finder’s Club, we might keep a record of your communication in order to help solve any problems you might be having.  We might also use your email address to contact you about our services, such as letting you know that your membership has expired or letting you know about upcoming changes or improvements.

  • Resigning from The Finder’s Club

    You may terminate your membership in The Finder’s Club at any time by logging in to your account, choosing the Manage Account option, and then choosing the option to terminate your membership.  From the next business day forward, the nominal monthly membership fee will no longer be charged to your credit or debit card.  No portion of the current month’s dues will be returned, however.  Item codes and descriptions of items you have registered in our database will remain our property and will not normally be removed from the database.  We retain these data in part so that we have an accurate record of our business history and in part to save you time should you choose to reactivate your membership in the future.  Presumably, many of the stickers and tags you affixed to personal items will still be in place when you decide to reactivate. 

  • An Accounting of Your Items

    While your membership is active, you have the right to generate a full listing of the valuables you have registered in our database. You can do this through the Manage Account link on our toolbar.  You cannot generate this list, however, if you are no longer an active Member of the Club.  If you need to generate such a list while no longer a Member, you will need to reactivate your membership.

  • Notification Regarding Your Lost Items

    While your membership is active, you will immediately be notified by email if a Finder visits our website and reports finding an item you have lost, and you will also be provided with contact information for that Finder. If you have signed up for instant notification by text message, you will also be notified this way as well (service currently available in the USA and Canada only). When you lose an item, there is no need to contact us; doing so will in no way improve the odds that your property will be found.  Our notification process is automatic, and it is activated only when a Finder contacts us with a valid item code.  If you lose a tagged item while your membership is no longer active, we will still notify you by email only by the end of the next business day if someone reports finding that item; however, we will only provide contact information for the Finder if you choose to reactivate your month-to-month membership, and we also reserve the right to charge you a reactivation fee.

  • Disputes with Finders

    The main purpose of The Finder’s Club is to quickly put Owners in touch with Finders—that is, with people who report finding items belonging to our Members.  Once we provide an Owner with contact information for a Finder (that is, a phone number, email address, or both), our job is over. We do not guarantee that an Owner’s communication with a Finder will produce a positive outcome or even that it will be pleasant. The responsibility for producing a positive outcome in a communication with a Finder lies entirely with the Owner.  If, for example, a Finder demands an unreasonable reward for finding the item, the Owner may choose to abandon that item or to contact local authorities.  In some jurisdictions, finders of lost property are required by law to return lost property to owners without compensation.  In California (Penal Code 485 PC), failing to return a valuable item to its rightful owner can result in a $10,000 fine and a three-year prison sentence.  In most cases, Finders are happy to return items without any compensation or given only a nominal reward.  The Finder’s Club is not responsible for the behavior of Finders who are unreasonably demanding.  We neither participate in nor give advice regarding negotiations with Finders, and remedies for producing positive outcomes in communications with Finders must be found by the Owner. 

  • Fraud by Finders

    Just as some Finders might be overly demanding, the occasional Finder might intend to perpetrate a fraud upon an Owner by entering a code into our system which, by luck, matches an item.  (Because there are trillions of possible codes, the odds of this occurring are low, but it is still possible.  We also use security measures to try to prevent computer programs from guessing valid codes.)  Given that fraud is possible, it is up to the Owner to determine to his or her satisfaction that the Finder has really found the Owner’s property.  This can typically be done by asking for details about the item.  Finders can also attempt to defraud an Owner by claiming that the found item is in better condition than it actually is.  Again, it is entirely the responsibility of the Owner to ask appropriate questions.  By agreeing to our service terms, you agree specifically that The Finder’s Club is not liable for fraud of any sort perpetrated by Finders upon our Members.

  • Recovery of Items

    The Finder’s Club is not responsible for any aspect of the transfer of a found item from the Finder to the Owner, nor for any damage that may occur to the found item or to the Owner, Finder, or their representatives during such a transfer.

  • Removed, Damaged, or Defective Stickers or Tags

    The Finder’s Club makes it easy for Owners to recover their lost items because the Owners have placed special stickers or tags (provided by The Finder’s Club) on those items.  We make reasonable efforts to provide customers with the highest quality stickers and tags—with stickers, for example, that use aggressive, long-lasting adhesives, that are made from metal foil or vinyl instead of paper, and that are specially coated to prevent the print from rubbing off.  Nevertheless, The Finder’s Club is not responsible for damage to stickers or tags that makes them unreadable, nor for the willful removal of stickers or tags by people who find lost items, nor for wear or abuse that damages a sticker or tag or that removes it from an item.  Furthermore, some surfaces—such as the canvas used to make many backpacks or the textured surfaces one sometimes find on modern smart phones or laptop computers—may not hold stickers properly.  If a sticker or tag will not adhere properly to an item, it should not be used.  Because The Finder’s Club has no control over how Members select, apply, or position their stickers or tags, Members are entirely responsible for any and all issues pertaining to the performance of Finder’s Club stickers and tags on their valuables.   Accordingly, we recommend that you use care, caution, and common sense in deciding which sticker or tag to attach and where and how to attach it.   We also recommend that you regularly inspect your valuables to make sure that the stickers and tags are properly attached.  To be extra sure an item is protected, you may want to attach more than one sticker to the same item (for example, to both a handle and a flat surface).  If a sticker or tag is damaged or is coming loose, we recommend strongly that you dispose of it immediately and replace it with a new sticker or tag.  When you do so, you will need to visit our website to register the new item code number for that valuable.  (There is no need to un-register the previous code number.)   By agreeing to our service terms, you agree to hold The Finder’s Club harmless for any loss you might occur because a sticker or tag came loose or became unreadable.

  • Damage Due to Stickers or Tags

    To safeguard your valuables, Finder's Club stickers and tags use strong, permanent adhesives which might damage painted or other vulnerable surfaces. When in doubt, test a corner of a sticker on a small area. The Finder's Club is not responsible for any damage done to your property by our stickers or tags.  If you remove a sticker and need advice on how to remove any residue that might remain, check our FAQs or write to us at service@TheFindersClub.org.

  • Sharing Stickers or Tags

    Sharing stickers or tags with non-Members is allowed by The Finder’s Club. However, if a non-Member wishes to register items in our database in his or her own name, he or she must join the Club. If he or she does not need additional stickers from the Club, he or she can join at a discount.

  • Violations of Relevant Property Laws

    Some jurisdictions have specific laws regarding the obligations someone has to return found property.  Where such laws do not exist, authorities often rely on English common law.  Generally speaking, all such laws seek to reunite lost property with its rightful owner whenever possible.  That is also the goal of The Finder’s Club.  In some jurisdictions, however, Finders are obligated to turn valuable property over the police within a reasonable time period.  As noted above, it is entirely the responsibility of the Finder to determine what his or her rights and obligations are with respect to found property in his or her jurisdiction.  In some jurisdictions, for example, it might be prudent for a Finder to turn a valuable item over the police and for the police to locate the Owner through The Finder’s Club.  The Finder’s Club is not responsible for giving legal advice to Finders, and the mission of The Finder’s Club should in no way be construed as encouraging anyone to violate the law.

  • Modifying or Terminating Our Services

    From time to time we may modify or terminate our services.  If we make substantive changes, we will make a reasonable effort to notify all affected Members or former Members using the email addresses we have on file for them.

  • Warranties and Disclaimers

    Other than as expressly set out in these terms or additional terms we may release, neither The Finder’s Club nor its suppliers or distributors make any specific promises about the services we provide.  Some jurisdictions provide for certain warranties, such as the implied warranty of merchantability. To the extent permitted by law, we exclude all warranties.

  • Limited Liability

    When permitted by law, The Finder’s Club and its suppliers and distributors will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

    To the extent permitted by law, the total liability of The Finder’s Club and its suppliers and distributors for any claim under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if we choose, to supplying you the services again with no additional charge).

    In all cases, The Finder’s Club and its suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable.

  • Business Uses of Our Services

    If you are using our services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify The Finder’s Club and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

  • About These Terms

    We may modify these terms or any additional terms that apply to a service to, for example, reflect changes to the law or changes to our services. You should look at the terms regularly. We will post notice of modifications to these terms on this page. We will post notice of modified additional terms in the applicable service. Changes will not apply retroactively and will normally become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a service, you should discontinue your use of that service.

    If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

    These terms control the relationship between The Finder’s Club and you. They do not create any third party beneficiary rights.

    If you do not comply with these terms, and we don’t take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).

    If it turns out that a particular term is not enforceable, this will not affect any other terms.

    The laws of the State of California, USA., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of San Diego County, California, USA, and you and The Finder’s Club consent to personal jurisdiction in those courts.

    For information about how to contact The Finder’s Club, please visit our Contact Us page.