May 27th, 2019
2. Products and Services
The Sites provide an online platform for To The Lost to offer and sell accessories and related products for event competition and apparel (the “Products”) and equipment, and other services to users of the Sites or which To The Lost may provide from time to time through the Sites (collectively, the “Services”). Unless otherwise prohibited by law, we reserve the right to change or substitute any Products offered for sale, and the prices or specifications of any Products, at any time and from time to time without any notice or liability to you or any other person. We reserve the right to limit quantities of Products sold or made available for sale on the Sites, and to decline any purchase. The Content, Products or Services on the Sites may be out of date or differ slightly from the actual products.
3. Permitted Users of Sites
In consideration of your use of the Sites, you represent that you are of an age to form a legally binding contract and you are not prohibited from receiving services under the laws of the United States or any other applicable jurisdiction. The Sites are directed to persons 13 years of age or older. Product sales on the Sites are directed to persons 18 years of age or older. To The Lost and the Sites do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Sites or to submit any personally identifiable information to the Sites. If you provide information to To The Lost through the Sites, you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse and use the information on the Sites, you represent that you have the permission of a parent or guardian to do so and who agrees to these Terms on your behalf; you may post messages, but you may not submit any personal information. If you are a parent or guardian and believe To The Lost may have inadvertently collected personal information from your child, please notify To The Lost immediately by sending an email to email@example.com.
4. Permitted and Prohibited Uses of the Sites
5. Information Relating to Purchases
7. Account Password and Security
Some areas of the Sites may require you to register an account with us. Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw our approval of, your registration for any reason or no reason. In registering or using this Site, you agree to provide, maintain, and update information that is true, accurate, current and complete about yourself when registering and on an ongoing basis. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, or if we suspect that any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Sites or your account. When you register to open an account on a Site, you will be given a username and required to select a password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password and your account, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify To The Lost of any unauthorized use of your password or account or any other breach of security. To The Lost is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section. If you choose to make a purchase without opening or logging into an account, you may be asked to provide, or you may be assigned, a temporary password in connection with that transaction.
8. Proprietary Rights
You acknowledge and agree that, as between To The Lost and you, all right, title and interest in and to the Sites and Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know how, or any other intellectual property rights, are owned exclusively by To The Lost or its licensors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws. You agree that you will not modify, decompile, disassemble, reverse engineer or create derivative works of the Sites or any portion thereof. Copyright: All Content, such as text, graphics, videos, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of To The Lost or its licensors and content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Sites solely for your own information and personal use. Any other use, including without limitation the reproduction, modification, distribution, transmission, publication, display, performance or commercial exploitation of Content, is strictly prohibited. Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Sites are proprietary to To The Lost or its affiliates or licensors. Without limiting the foregoing, To The Lost®, To The Lost.com®, and C in Circle Design™ are trademarks of To The Lost’ affiliate, To The Lost. Unauthorized use of any trademark of To The Lost or its affiliates or licensors may be a violation of applicable trademark laws. Any third party names or trademarks referenced in the Sites do not constitute or imply affiliation, endorsement or recommendation by To The Lost of the third parties, or by the third parties of To The Lost.
9. Your Indemnity of To The Lost
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD To The Lost, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, FRANCHISEES, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE SITES OR ANY CONTENT, PRODUCTS, SERVICES OR ACTIVITY, YOUR DEALINGS IN CONNECTION WITH THE SITES, OR YOUR SUBMISSION(S) OR ANY OTHER MATERIALS YOU SUBMIT TO US OR TRANSMIT TO THE SITES; (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF To The Lost OR ANY THIRD PARTY; AND (C) ANY ACTIVITY RELATED TO YOUR ACCOUNT OR ANY OTHER PERSON ACCESSING THE SITES USING YOUR ACCOUNT.
10. User Generated Content
Communications Services: The Sites may contain blogs, chat areas, forums, comments, rankings, communities, calendars, Activities and/or other message or communication facilities designed to enable you and others to communicate with other Site users or To The Lost (collectively, “Communication Services”). You acknowledge that your submissions to the Sites may be or become available to others on the Sites and elsewhere. You agree only to post submissions or send and receive messages and materials that are appropriate, not confidential or private, and related to the particular Communication Service. You are responsible for the submissions you make or post to the Sites. You should only provide submissions that you are comfortable sharing with others under these Terms. Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and To The Lost reserves the right to determine what types of conduct it considers to be inappropriate use of the Sites. In the case of inappropriate use, To The Lost may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that you will not:
a. Use any Site or Content for any purpose or to take any actions in violation of local, state, national or international laws, regulations, codes or rules.
b. Violate any code of conduct or other guidelines which may apply to any particular Communication Service.
c. Take any action that places an unreasonable or disproportionately large load on a Site’s infrastructure or otherwise that may adversely affect performance of the Sites or restrict any other user or To The Lost from using or enjoying the Communication Services or the Sites.
d. Use a Site for unauthorized framing or linking, or via automated devices, bots, agents, crawl, scraping, scripts, intelligent search or any similar means of access to Content.
e. Aggregate, copy, duplicate, publish or make available any Content to third parties outside the Sites in any manner.
f. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy or publicity) of others, or impersonating anyone else or misrepresenting your identity of affiliation.
g. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, pornographic, offensive, harassing, infringing, obscene, indecent or unlawful topic, name, material, content or information.
h. Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.
i. Upload or transmit files that contain viruses, mal-ware, disabling code, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
j. Use a Site to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
k. Harvest or otherwise collect information about others, including without limitation email addresses or other contact information, without their consent, or hack or violate any security measures.
l. Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
m. Engage in any other action that, in the judgment of To The Lost, exposes it or any third party to potential liability or detriment of any type.
User Materials: Any content or views submitted or otherwise made available by users through the Sites (“User Materials”) are strictly those of the originating author, who is solely responsible for its content. Use of or reliance on User Materials is entirely at your own risk. To The Lost does not endorse any User Materials nor vouch for their reliability. Under no circumstances will To The Lost be liable in any way for any User Materials. You acknowledge that To The Lost may or may not pre-screen User Materials, but that it has the right (but not the obligation) in its sole discretion to pre-screen, refuse, delete and/or move any User Materials that are available via a Site. Without limiting the foregoing, To The Lost has the right to delete or remove any User Materials that violate the Terms or are otherwise objectionable in To The Lost’ sole discretion. To The Lost shall have no liability for such deletion or removal. By viewing this site, you agree that such viewing and reading does not violate the laws or standards imposed by your town, city, state or country. You understand that by using a Site, you may be exposed to User Materials that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any Content or User Materials available on or through the Sites.
Submissions: You are solely responsible for the User Materials that you post, share, email, transmit or otherwise make available via a Site (“Submission”). All Submissions are subject to these Terms. To The Lost is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion. By making a Submission, you represent and warrant that your Submission is true, accurate and not misleading; that you own all right, title and interest, including copyright, to your Submission, and that your Submission is your own original work; that your Submission does not include the trade secret or confidential information of others, and does not infringe any other person’s or entity’s rights; and that you and any other person or entity (or its owner) mentioned or shown in your Submission hereby release and hold harmless To The Lost and its designees from and against any and all claims concerning To The Lost’ or its designees’ use, modification or distribution of the Submission or any part thereof. You must hold all necessary releases, licenses and consents concerning the contents of your Submission and rights to post, distribute, or transmit your Submission. You agree that you will evaluate and bear all risks associated with your Submission and any disclosure in your Submission. Submissions will be available to Site users and to users of other websites and services. By making a Submission, you grant To The Lost and its affiliates, licensees, assignees and designees an irrevocable, assignable, transferable, fully sub-licensable (through multiple levels of sublicenses), perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform, publicly display and create derivative works of your Submission (in whole or in part), along with your name or any part thereof, your city/town/village of residency, and other information from your user profile, in To The Lost’ sole discretion, on the Sites or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, marketing, review, recommendation, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and waive, release, and hold To The Lost and its affiliates, licensees, assignees and designees harmless against any and all claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.
11. Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement
To The Lost may, in its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide To The Lost’ Copyright Agent a Notice containing the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the Sites (providing URL(s) in the body of an email is the best way to help To The Lost locate content quickly);
d. your name, address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
To The Lost’ Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached by sending an email to firstname.lastname@example.org
12. Links to Other Websites
13. Modifications to the Sites, Products, Services or Activities
To The Lost reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Sites, Products, Services or Activities or any portion thereof, with or without notice. You agree that To The Lost will not be liable to you or to any third party for any modification, suspension or discontinuance of a Site, Product, Service or Activity. You should retain copies of your Submissions that you may want to save and not rely on the Sites to preserve your Submissions.
Suspension and Termination Rights To The Lost reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Sites, Products, Services or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that To The Lost shall not be liable to you or any third party for any such suspension, discontinuance or termination.
14. THE SITES AND CONTENT AND ALL INFORMATION, CONTENT, SERVICES, PRODUCTS AND ACTIVITIES OFFERED, CONTAINED IN OR ADVERTISED ON THE SITES, INCLUDING WITHOUT LIMITATION TEXT, VIDEO, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, To The Lost AND ITS AFFILIATES, LICENSORS, VENDORS, SUPPLIERS AND RELATED PARTIES (EXCEPT FOR YOU WITH REGARD TO YOUR SUBMISSIONS) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, ACTIVITIES AND MATERIALS, AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE FOREGOING, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SUITABILITY, FREEDOM FROM COMPUTER VIRUS, ACCURACY, RELIABILITY, SAFETY, NON-INTERRUPTION, PERFORMANCE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR COMPLIANCE WITH APPLICABLE LAW. YOUR USE OF THE SITES AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content or access to the Sites is free of viruses or other harmful code.
15. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, To The Lost AND ITS AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS AND RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE SITES, USE, INABILITY TO USE OR PERFORMANCE OF, OR THE INFORMATION, CONTENT, PRODUCTS, SERVICES, ACTIVITIES OR MATERIALS AVAILABLE FROM OR THROUGH THE SITES. IN NO EVENT SHALL To The Lost OR ITS AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS OR RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM (A) THE USE OF OR THE INABILITY TO USE THE SITES, PRODUCTS, SERVICES OR ACTIVITIES, (B) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SITES, (C) ANY LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA, OR (D) PROCUREMENT OF ANY SUBSTITUTE PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES, EVEN IF To The Lost OR ANY OF THOSE ENTITIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY.
WITHOUT LIMITING THE FOREGOING, IF YOU ARE A USER WHO HAS MADE A PURCHASE WITH US PREVIOUSLY, AND ARE DISSATISFIED WITH ANY PORTION OF THE SITES, PRODUCTS, SERVICES, ACTIVITIES OR THESE TERMS, THE MAXIMUM TOTAL AGGREGATE LIABILITY OF To The Lost OR ITS AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS AND RELATED PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SITES OR CONTENT, INFORMATION, MATERIALS, PRODUCTS, SERVICES OR ACTIVITIES ON OR THROUGH THE SITES SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU TO To The Lost, IF ANY, FOR ANY PRODUCTS OR SERVICES PURCHASED BY YOU FROM THIS SITE.
WITHOUT LIMITING THE FOREGOING, IF YOU ARE A USER WHO HAS NOT MADE A PURCHASE WITH US PREVIOUSLY, AND ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND TERMINATE YOUR DEALINGS WITH To The Lost.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
16. Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this service is To The Lost. “To The Lost”. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to email@example.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
17. Governing Law and Disputes
These Terms shall be governed by, and will be construed in accordance with, the laws of the State of Florida, U.S.A., without regard to choice of law principles. You irrevocably agree that the federal and state courts located in or for Miami, Florida U.S.A., are the sole and exclusive forum and venue for any dispute, as the most convenient and appropriate to address any disputes, and you agree to submit to the jurisdiction and venue of such courts. You agree that to the fullest extent permitted by law: (1) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (2) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (3) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. The Sites are controlled within the state of Florida, U.S.A., and directed to individuals residing in the United States. Those who choose to access the Sites from locations outside the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent applicable. To The Lost does not represent that the Sites or Content are appropriate outside the United States. Access to this Site from jurisdictions or territories where the Contents of this Site are illegal or penalized is prohibited. To The Lost has no obligation to provide access to the Sites, Products, Services or Activities and reserves the right to limit the availability of the Sites to any person, geographic area or jurisdiction at any time in its sole discretion.
18. Force Majeure
To The Lost shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, severe weather conditions, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.
These Terms set forth the entire understanding and agreement between you and To The Lost with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. To The Lost’ failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer these Terms or your rights or obligations under these Terms without the prior written consent of To The Lost, and any assignment or transfer in violation of this provision shall be null and void. To The Lost may assign, transfer, sublicense or delegate our rights or obligations under these Terms either in whole or in part, at any time, at our sole discretion, and without your consent. There are no third party beneficiaries to these Terms. No joint venture, partnership, shareholder, employment or agency relationship exists between To The Lost and you as a result of agreeing to these Terms or your use of the Sites, Products, Services or Activities.
20. By placing an order for the purchase of product at www.tothelost.org, customer represents that customer has the authority to both place and direct payment for the order. If customer is paying for their order via credit/charge card, customer represents that customer is an authorized user of the credit/charge card and authorizes To The Lost. “To The Lost” to charge the credit/charge card provided by customer in the amount specified at checkout prior to completion of order. Customer agrees not to dispute the payment with its credit card company; so long as the transaction corresponds to the terms provided at checkout.
21. Questions? Please direct any questions you may have about these Terms, technical questions or problems with the disclosure of any Sites, or comments or suggestions to To The Lost at firstname.lastname@example.org