Worldwide Online Lost and Found System

TERMS OF USE

Welcome to zReturn, the service that allows you to tag your valuables and enable anyone who finds them to contact you without either party’s having to disclose their identity, personal information or e-mail address. By registering for zReturn or by using the zReturn labels (the “zTags”) or the zReturn Website (the “Website”) (collectively, the “zReturn Service”), whether you are using it as an owner of posted items (an “Owner”) or someone who has found a lost item with a zTag (a ” Finder”) (each, a “User”), you agree to be bound by these Terms of Use (”TOU”).

1. Binding Agreement.

These TOU constitute a legally binding agreement between you and Four Gauchos LLC (“zReturn,” “we” or “us”), the company that owns and operates the zReturn Service. We may modify these TOU without notice to you, so you are advised to check the TOU periodically. We have the right to investigate any allegations that you have violated these TOU and to take whatever action we think is necessary or appropriate to remedy such violations, including, without limitation, terminating your User status and reporting your conduct to the appropriate legal authorities.

2. Eligibility.

You must be eighteen (18) or over to register as a User or use the Website. Registration is void where prohibited. By registering and/or using the Website, you represent and warrant that you have the right, authority, and capacity to enter into and abide by these TOU.

3. Term and Termination.

These TOU will remain in full force and effect as long as you are a User. You may terminate your registration at any time, for any reason, by sending zReturn a snail-mail or an e-mail notice of termination and receiving confirmation from us that we have received the notice. If we receive a notice of termination from you, we will remove your zTags from the Website. We may terminate your User status for any reason, by sending notice to you at the e-mail address you provide in your application for registration, or any other e-mail address that you may later provide to us. If your registration is terminated, you will not be entitled to any refund of any fees that you may have paid to us or anyone else and you will no longer have access to the sections of the Website that list owned items. If someone who finds an item of yours with a zTag tries to contact you after we have terminated your User status, that Finder will get a message through the Website that you are no longer registered with zReturn.

4. Ownership of zReturn Content.

We own all proprietary rights in the zReturn Service, the Website and the labels, including, without limitation, all trademark rights in zReturn name and logo, all patent rights in the zReturn Service, and all copyright and other rights in the content that we display or post on the site (“zReturn Content”). Except as is necessary to Use the zReturn Service, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any zReturn Content.

5. Limitations on Use of the ZReturn Service

We operate the zReturn Service solely to enable people to locate and find lost items. Whether you are an Owner or a Finder, you may not use it in connection with any commercial activity or for any of the prohibited activities described in Section 6below. We will investigate any illegal and/or unauthorized uses of the zReturn Service and we will take all legal action that we consider necessary or appropriate to ensure that such activity is stopped. Although zReturn cannot monitor the conduct of its Users offline, it is also a violation of these rules to use any information obtained through the ZReturn Service in order to harass, abuse, stalk, or otherwise harm another person, or in order to contact, advertise to, solicit, or sell to any User without that User’s express prior written consent.

6. Posting of Content on the Website

a. You are solely responsible for the content (“User Content”) that you publish or display ("post") in the descriptions of owned and found property or in any other place that it may be possible to post User Content on the zReturn Service or transmit to other Users. We have the right but not the obligation to review posted User Content and remove it or take other action if we determine that it is not appropriate for posting on the Website (“Inappropriate User Content”). Inappropriate User Content includes material, or links to material, that:

is patently offensive to the online community, such as content that
promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters," or unsolicited mass
mailing or "spamming";
is false, misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
contains restricted or password only access pages, or hidden pages or
images (those not linked to or from another accessible page);
exploits people under the age of 18 in a sexual or violent manner, or
solicits personal information from anyone under 18;
provides instructional information about illegal activities such as making or
buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses;
solicits passwords or personal identifying information for commercial or
unlawful purposes from other users; and
facilitates or constitutes part of commercial activities and/or sales such as
contests, sweepstakes, barter, advertising, and pyramid schemes.

b. By posting any User Content to zReturn, whether in your listing of protected property or in your description of found property , you automatically grant, and you represent and warrant that you have the right to grant, to zReturn an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

7. Copyright Protection Policy.

If you believe that User Content that you own has been posted on the Website without your permission, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: zReturn, 419 Lafayette Street, 2nd Floor, New York, New York 10003.

8. Interaction and Disputes with Other Users.

Whether you are an Owner or a Finder, you are solely responsible for your communication and interaction with other Owners and Finders. Use your common sense. For example, if you are an Owner responding to a notice from a Finder who has found your property, do not immediately give your name and phone number or e-mail address to the Finder. Make whatever investigation you feel is necessary or appropriate before you speak with or arrange to meet with any Finder. If you are a Finder of lost property, use similar precautions in contacting the Owner of that property. If you do arrange to speak with or meet with a Finder or an Owner, do so in a way that is reasonably calculated to ensure your safety. In any case, if there is a dispute between an Owner and a Finder, between any other Users, or between Owner or Finder and any third party, zReturn is under no obligation to become involved, and you hereby release zReturn, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, including death, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the zReturn Service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

9. Indemnity.

You will indemnify zReturn and hold zReturn, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, demand, fees and expenses, including reasonable attorney's fees, made by any third party due to or arising out of your use of the zReturn Service , including, without limitation, any claim arising from your breach of this Agreement and/or any breach of your representations and warranties set forth above.

10. DISCLAIMER OF WARRANTIES

a. USE OF THE ZRETURN SERVICE IS ENTIRELY AT YOUR OWN RISK. THERE IS NO GUARANTEE THAT BY USING THE ZRETURN SERVICE, (i) YOU WILL GET A LOST ITEM BACK; (i) IF YOU DO GET A LOST ITEM BACK, IT WILL BE IN THE SAME CONDITION IT WAS IN WHEN YOU LOST IT OR IN CONDITION FOR NORMAL USE OR IN CONDITION FOR ANY USE. THERE ALSO IS NO GUARANTEE THAT SOMEONE WHO FINDS A LOST ITEM OF YOURS WITH A ZTAG WILL REPORT IT TO ZRETURN OR RETURN IT WITHOUT COMPENSATION (OR RETURN IT AT ALL); OR THAT EVERY OWNER AND EVERY FINDER WILL COMPLY WITH THESE TOU.

b. THE ZRETURN SERVICE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ZRETURN DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ZRETURN SERVICE OR ANY ASPECT THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING AS STATED ABOVE, ZRETURN DISCLAIMS ANY WARRANTIES FOR ANY SERVICES OR GOODS RECEIVED THROUGH THE ZRETURN SITE OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ZRETURN DISCLAIMS ANY WARRANTIES WITH RESPECT TO VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE ZRETURN SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

11. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL ZRETURN BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ZRETURN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE ZRETURN SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ZRETURN SERVICE OR THE WEBSITE; INABILITY TO USE THE ZRETURN SERVICE OR THE WEBSITE; THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ZRETURN SERVICE OR THE WEBSITE; ACTIONS TAKEN OR NOT TAKEN, OR STATEMENTS MADE, BY A FINDER OF YOUR LOST PROPERTY OR BY AN OWNER OF PROPERTY THAT YOU FOUND OR BY ANY THIRD PARTY WHOM YOU MAY MEET OR WITH WHOM YOU MAY COMMUNICATE AS A RESULT OF USING THE ZRETURN SERVICE; OR BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ZRETURN SERVICE OR THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to you.

12. Privacy.

When you sign up for the zReturn Service, we collect your e-mail address, as well as your name, address and telephone number if you provide them (which is optional). When you buy zTags through the Website, we collect your name, snail mail address, phone and e-mail and credit card information. We will use your e-mail address if we need to contact you because someone has found an item of your property or if we need to terminate your User status. We do not share any personal information with any third parties.

We also collect anonymous traffic data through the use of a Google Analytics cookie.

13. Governing Law, Jurisdiction, Time Limit on Claims.

If you have any dispute with us, the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You hereby submit to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the zReturn Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14. Additional Terms.

Our failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of the TOU invalid, the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU will remain in full force and effect.