Terms of Service
Would you like to be a good Samaritan?
Most people who find a lost or misplaced item would return it to its owner if they could do so safely and efficiently -- SendBack accomplishes just that!
What is SendBack?
Most people who find a lost or misplaced item would return it to its owner if they could do so safely and efficiently -- SendBack accomplishes just that!
How does it work?
If somebody finds a lost item and that item has been exclusively registered with SendBack, the finder can simply follow the URL on the tag ID and anonymously contact the owner via instant message or by text message. Under no circumstances will the owner or the finder’s contact information be shared with the other person.
Effectiveness.
While SendBack will do its best to connect owners and finders of lost, stolen and/or misplaced items, SendBack makes no promises or guarantees of success. As is true with all services, SendBack cannot and does not guarantee that your registered items will be found, located and/or returned. SendBack make no express warranties concerning the use of our system and hereby disclaims any implied warranties concerning the same. SendBack shall have no liability whatsoever for any unreturned items.
Disclaimer of Warranties.
SENDBACK HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SENDBACK SYSTEM AND ANY SERVICES RENDERED THEREUNDER, INCLUDING WITHOUT LIMITATION EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SENDBACK SYSTEM IS PROVIDED ON AN “AS-IS, WHERE-IS” BASIS AND UNDER NO CIRCUMSTANCES SHALL SENDBACK BE LIABLE FOR ANY DAMAGES WHATSOEVER TO ANY PARTY.
THE INFORMATION, CONTENT, PRODUCTS, SERVICES AND MATERIALS AVAILABLE THROUGH THE SENDBACK SITE (WHETHER PROVIDED BY SENDBACK, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, CONTACT INFORMATION, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENDBACK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. FURTHERMORE, SENDBACK MAKES NO WARRANTIES ABOUT THE ACCURACY, OR LIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE, SUBMISSIONS, TEXT, GRAPHIC, AND LINKS ON THE SITE, THE SERVICES PROVIDED BY SENDBACK, AND ALL MATERIAL POSTED ON THE SITE.
Limitation of Liability.
YOU EXPRESSLY AGREE THAT USE OF THE SENDBACK SITE IS AT YOUR OWN RISK.
SENDBACK SHALL AT NO TIME BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, OF ANY KIND OR NATURE WHATSOEVER, RELATING TO THE USE OF SENDBACK, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEABLE.
NEITHER SENDBACK, NOR ITS AFFILIATES, SHALL BE LIABLE FOR, AND HEREBY DISCLAIMS LIABILITY FOR, ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER SENDBACK, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, MEMBERS, SHAREHOLDERS, OWNERS, AGENTS, ATTORNEYS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THE SENDBACK SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
IN NO EVENT SHALL SENDBACK OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF SENDBACK HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SENDBACK SITE. SENDBACK ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITE.
SENDBACK ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITE LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL SENDBACK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO SENDBACK OR (B) $100.00 (WHICHEVER IS LESS).
YOU AND SENDBACK AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT.
YOU AND SENDBACK FURTHER AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF SERVICE ARE FAIR AND REASONABLE.
IF YOU ARE DISSATISFIED WITH THE SENDBACK SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS CONTAINED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
Indemnification.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SENDBACK, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, ATTORNEYS, AGENTS, AND ASSIGNS FROM AND AGAINST ANY CLAIM, DEMAND, OR DAMAGE (WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL), INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANYONE IN CONNECTION WITH YOUR USE OF THE SITE, USE OR MISUSE OF ACCOUNTS AND/OR PASSWORDS, WITH YOUR SUBMISSIONS, WITH ANY ALLEGED INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY RELATING TO THE SITE, YOUR VIOLATION OF THESE TERMS OF SERVICE, AND/OR ANY OTHER ACTS OR OMISSIONS RELATING TO THE SITE.
