Thank you for visiting www.chargerback.com (the Website), which is owned and provided by Chargerback, Inc., a Nevada Corporation (the Company).
Chargerback Terms and Conditions
(revised June 29, 2016)
Thank you for visiting www.chargerback.com (the Website), which is owned and provided by Chargerback, Inc., a Nevada Corporation (the Company).
The individual User (a person who has lost something, or you) is responsible for all charge made via this website Chargerback is not responsible for damage or lost shipments. All shipping claims should be directed to the shipping carrier. Should you as the user require additional insurance coverage, please contact the property that has your lost item and request "Third Party Shipment" with any additional insurance coverage you require.
Your use and access of the Website, including any use or access of
any functionality and features that permit Company or others to post and list
certain information regarding their products, services, processes upon the
Website (collectively, the Service(s)), is governed by and subject to the
1) Member Accounts (business user, or you):
2) Rules: The Services provides certain interactive services that
enable individual owners of a Member Account (each business User) to access,
provide, contribute to and post data to our database of lost and found items,
a) You shall not post any data, commentary, or other information in relation to a Service Location unless such information is truthful, and factual. b) The Service is provided for and shall be accessed and used solely for your own Company's use and not for the access, use or benefit of any third party other than our authorized shipper. c) You are prohibited from entering, uploading, posting or transmitting to the Chargerback database: i. commercial content or other materials or other marketing solicitations unless expressly approved by Chargerback. ii. Materials, pictures or other content that infringes or potentially violates any copyright, trademark, patent right or other proprietary right of any third party. iii. Unlawful, defamatory, abusive, threatening, libelous, obscene, pornographic, or other materials, pictures or content that would violate rights of publicity and/or privacy or that would violate any law. iv. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content or uploading of materials to this Service.
3) Restrictions on Use:
a) You expressly agree to comply with all laws or regulations that may apply to your access to and use of the Services, including, without limitation, any laws requiring registration or filings with local authorities, and the payment of any taxes. b) You are solely responsible for obtaining and maintaining any equipment or ancillary services needed to access or use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You are responsible for ensuring that such equipment or ancillary services are compatible with the Services.
b) No Copying and Reverse Engineering. You agree to not reverse engineer, reverse assemble or reverse compile the Website or any software used therewith. You agree that you will not: (a) copy, modify, create any derivative work of, or include in any other products or services any of, the Website or software used therewith, or any portion thereof; or (b) reverse assemble, decompile, reverse engineer or otherwise attempt to derive source code (or the underlying ideas, algorithms, structure or organization) from the Website or any software used therewith; or (c) remove any copyright notices, identification or any other proprietary notices from the Website or any software used therewith.c) While you are using the Services or have a Member Account (and also for one (1) year after ceasing to use the Services or closing your Member Account, whichever is later), you agree to not engage in, develop, or aid and abet a third party to engage in or develop the same or similar services as the Services.
4) Rights in Information Submitted or Posted to the Services
a) Ownership of Website and Services. Unless otherwise noted, all text, content and documents on the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, software and other works on the Website, including the Data (collectively, the "Content") are owned by Company and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the "Owner") and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Company and you, all right, title and interest in and to the Content will at all times remain with Company and/or its Owners. The word "Chargerback," the "Chargerback" logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of Company. With respect to any logos or marks of any persons, entities and/or companies commented upon or submitted by users of Company, such use is at the sole responsibility ofsuch users and is stored upon Company's servers and/or system solely at the direction of such user, and subject to the protections afforded to Company as an online service provider under Section 512(c) and/or 512(d) of the Digital Millennium Copyright act of 1998. Please see the Digital Millennium Copyright Act section below for more details on Company's policies and procedures regarding any issues in relation thereto. Owner will not share data collected with any third party without prior authorization from you. b) Submitted Content: You understand, acknowledge and expressly agreeing that by submitting or posting any data, note or other information(other than information directly related to an item lost by a patron of your establishment to the Services, you grant to Company an irrevocable, perpetual, worldwide, royalty-free, transferable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content and any copyright rights, trademark rights, and other intellectual property rights contained therein (collectively, the "Rights") (in whole or in part) and/or to incorporate such commentary, review, note or other information in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also represent and warrant that the submission, installation, copying, distribution, and use of such commentary, review, note or other information shall not violate any other party's Rights and that the holder of any Rights, including moral rights in such content, if not you, has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license described in this Section Subject to the foregoing license grant, the owner of such content placed on the Service retains any and all Rights that may exist in such content. You expressly agree that the burden of determining whether any commentary, review, note or other information is protected as a copyright, trademark, trade secret, or other proprietary right rests solely with you, and you shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, or other proprietary rights, or any other harm resulting from your submission.
a) Although Company reserves the right, review, monitor, remove or edit any of the information submitted, posted to or contained within the Services, at its sole discretion, you acknowledge Company is under no obligation to do so, and shall have no liability for any information available via the Services. You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated via the Services are those of their respective authors who are solely responsible and liable for their content. Likewise, you are solely responsible for the content of your postings, including, but not limited to, names, addresses, lost inventory items, or entries posted to this Service. Company reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Service.
b) If your guest/passenger pays for an item to be shipped and due to a delay on your part, the item is not place with the carrier USPS/FedEx/UPS/other, in a reasonable amount of time after payment is made, to meet the delivery time that was paid for by the guest/passenger, the guest may request from us, a refund of the amount paid. If Chargerback issues a refund, Chargerback reserves the right to cancel the affected items rebate to you, in the best interests of making sure that your guest/passenger, is completely happy and satisfied with the service. Delays caused by the carrier, USPS/FedEx/UPS/Other, will not result in a cancellation of rebate for the affected item. The customer is soley responsible for any VAT, Duty or extra charges.
7) User Conduct: You understand, acknowledge, and expressly agree that all information submitted to the Service, whether publicly or privately, is the sole responsibility of the person providing the information and You are solely responsible and liable for all information that you submits to the Service. You expressly acknowledge and agree you shall not email, post, upload, or otherwise transmit any of the following types of material to or via the Service:
a) Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, slanderous, vulgar, obscene, hateful, racially, ethnically, or otherwise objectionable, or invasive of another's privacy; b) Information that you do not have the right to transmit under law, contractual obligations, or fiduciary obligations; c) Information that infringes upon any proprietary right of any person or entity, including but not limited to any information regarding any patent, trademark, copyright, or trade secret.
a) Information that infringes upon the publicity or privacy rights of any person or entity; b) Unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other similar materials; or c) Material that contains a virus or any other thing intended to destroy, limit, or otherwise impair the functionality of any computer software, hardware, or other equipment. d) Information that: e) Defames, disparages, or libels a person, company, entity, or service or depicts such person, company, entity, or service in a false light; ii) Falsely states an affiliation with a person or entity, impersonates any person or entity, or uses an identity that is confusingly similar to another person's identity; iii) Manipulates identifying factors to disguise the origin of any posted content; iv) Intentionally or unintentionally violates any applicable local, state, federal, or international law; v) Harms minors in any way; or vi) Collects or store personal data about any other user(s).
9) Copyright Complaints: If you believe that any material posted to the Service constitutes an infringement of a copyright, please provide the following information to our designated copyright agent here:
a) a description of the copyrighted work that you claim has been infringed upon; b) a description of the allegedly infringing material and where such material is located on the Website; c) your mailing address, telephone number, and email address; d) a statement by that you have a good faith belief that the disputed use of the material is not authorized by the copyright holder, its agent, or the law; e) a statement made under penalty of perjury, that the information provided in the notice to the Website regarding the claimed copyright infringement is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; f) an electronic or physical signature of the copyright owner, or of a person designated to act on behalf of the copyright owner; g) The signatory's full legal name.
10) No Endorsements:
a) The Service may provide, or third parties may provide through the Service, links to other entities of websites, information on entities, products or services. As Company has no control over such entities, products or services, you understand, acknowledge and expressly agree that Company shall not be responsible for the availability of such entities, products or services and does not endorse and shall not be responsible or liable for any content, advertising, product, or other materials on, or available from, such resources, or the failure of any link to operate. You further understand, acknowledge and expressly agree that Company shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or through any such entities, products or services and you expressly waive any claim against Company in connection with such claims.
11) DISCLAIMER OF WARRANTIES: THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, THE SERVICES, AND/OR ANY CONTENT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN COMPANY HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, COMPANY DOES NOT MAKE ANY WARRANTIES THAT THE WEBSITE, THE SERVICES, OR ANY CONTENT WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, THE SERVICES, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. COMPANY RESERVES THE RIGHT TO CHANGE ANY PART OF THE WEBSITE, THE SERVICES, AND ANY CONTENT AT ANYTIME WITHOUT NOTICE.
12) LIMITATION OF LIABILITY: YOU UNDERSTAND, ACKNOWLEDGE AND
EXPRESSLY AGREE THAT ACCESS TO OR USE OF THE WEBSITE, THE SERVICES, AND ANY
CONTENT IS AT YOUR SOLE RISK AND THAT COMPANY SHALL ASSUME NO LIABILITY FOR ANY
DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE,
INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF
OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OR RESULTING FROM
DIRECT OR INDIRECT USE OF OR ACCESS TO THE WEBSITE, THE SERVICES, OR ANY CONTENT
OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT
OR OTHER INFORMATION AVAILABLE ON THE WEBSITE OR THE SERVICES, HOWEVER CAUSED,
WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY
RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY
EVEN IF COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU.
IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR
UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY AND ITS
AFFILIATES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.
) THE LIMITATION OF
LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND
REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY,
DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND
TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
13) Indemnification: You shall indemnify, defend and hold harmless (with counsel acceptable to Company) Company, its affiliates, and their respective officers, directors, members, managers, employees, agents and representatives, third party content providers and licensors for any claims, demands, actions, causes of action, suits, sums of money, judgments, controversies, and other liabilities, at law or in equity, including reasonable attorneys' fees and costs of litigation or arbitration, arising from or in any way relating to any violation of this Agreement or your access to or use of the Services or the Content.
14) Modification and Termination: Company reserves the right to modify or terminate, temporarily or permanently, your access to and use of any part of the Website or the Service, at its sole discretion, with or without notice, for any reason, at any time. You understand, acknowledge and expressly agree that in the event that your access to and use of the Website or Service is so modified or terminated under any provision of this Agreement, your sole remedy shall be to cease using the Website or Services in its modified form, and to terminate your member account. Company shall not be liable to any party as a result of such modification or termination.
The Chargerback® Lost and Found Solution is protected by one or more patents, including U.S. Patent No. 9,367,527
This completes this document of the Chargerback Terms and Conditions (revised June 29, 2016)