Effective Date: July 24, 2022
- Content On This Website Is Only For Educational and Informational Purpose
LossAndFoundXO.com is not intended to be a substitute for professional advice, diagnosis, medical treatment or therapy. Always seek the advice of your physical or qualified mental health provider with any questions you may have regarding any mental health symptom or medical condition. Never disregard professional psychological or medical advice nor delay in seeking professional advice or treatment because of something you have read on LossAndFoundXO.com.
Structure of the Terms
- LossAndFoundXO.com is proud to offer a broad spectrum of mental health and wellness content and experiences. These terms apply to your use of and interaction with those Services. Sections 3-13 address our universal terms.
2.1 Modification of the Services. We reserve the right to modify the Services at any time with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature or service offering altogether.
Accounts & Subscriptions; Payments
3.1 Registration. If you register to use the Services or download one of our applications, we may require you to create an account password in order to make purchases, subscribe to our services, or use certain features on the Services. You must be at least 18 years or older to independently register as a user and create an account. If you are between the ages of 13-18, you may use some Services only with the supervision and consent of a parent or guardian. No individual under these age limits may use the Services, provide any Personal Data to LossAndFoundXO.com, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address).
To create an account, you must provide truthful and accurate information. Do not impersonate anyone else when you create your account. If your registration information changes at any time, you agree to update your account to reflect those changes.
3.2 Account Security. You may not share your account with anyone else. Please keep your account password confidential, and try not to use the same password on other websites. You are solely responsible for all activities, including payments, that occur using your account. If you believe that your account has been compromised at any time, please contact us at hithere@LossAndFoundXO.com. You are responsible for maintaining the confidentiality of all actions that take place within your account. We are not responsible for any loss that results from any unauthorized use of your username and password.
Subscribers agree to pay the fees listed on the subscription sign up page for the subscription term listed on that page.
Discount eligibility is determined at the time of the order. Discounts cannot be applied retroactively.
By signing up for and using a Subscription, you agree to waive your 14-day right of withdrawal at the moment you subscribe, to the maximum extent permitted by applicable law, in exchange for immediate access.
If applicable to the particular Subscription, You may modify your Subscription by upgrading or downgrading your Subscription tier at any time. When you modify your Subscription, the change will become effective at the end of the then current Subscription term.
Subscription payments are non-refundable except at our sole discretion and in accordance with the rules governing each Subscription.
3.6 Notice of Auto Renewal; Effect of Cancellation.
To provide continuous service to paid subscribers who purchase a Subscription, unless otherwise stated, we automatically renew your Subscription. The renewal term is usually the same duration as the original Subscription term (for example, a one-month Subscription will renew on a monthly basis and a one-year Subscription will renew on an annual basis).
By making a Subscription purchase on the Services, you acknowledge that your account will be subject to the above-described automatic renewals. At any time, if you do not wish your account to renew automatically or if you wish to cancel your Subscription at any time, you can contact us at hithere@LossAndFoundXO.com.
Cancellations are effective the following billing cycle. You will not receive a refund for the current billing cycle and will continue to have the same access and benefits for the remainder of the current billing period.
Please note that your paid Subscription may be interrupted as a result of a canceled or expired payment card or other payment method. It is your responsibility to keep your payment card or payment method details up to date to continue accessing the Services.
We may occasionally offer promotions. The specific terms of each promotion are stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined.
You are required to provide your payment details when you sign up for a promotion. At the end of the promotion, your subscription will automatically renew at the rates displayed at the time of purchase.
We will not notify you in advance that the promotion is about to end and we will not notify you when your promotional rate has ended. To cancel and avoid being charged, you must notify us before the promotion ends.
3.8 Payments. All payments related to your Subscription or other purchases made from your registration account must be made from a payment method on which you are the named account holder (the “Payment Method”). Unless otherwise stated, all fees due for the Subscription(s) are payable in advance, and will be billed automatically to the Payment Method. You agree that we will not be liable for any loss caused by any unauthorized use of your payment card or any other method of payment by a third party in connection with the Services. Any attempt to defraud the Company through the use of payment cards or other payment methods will result in immediate termination of your account and civil and/or criminal prosecution. In the case of suspected or fraudulent payment, including use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your account. We are entitled to inform relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments.
3.10 Fee Changes. The Company reserves the right to increase Subscription fees or to institute new fees at any time with reasonable advance notice. If you do not wish to pay the new prices, you can cancel your Subscription prior to the change becoming effective.
3.11 Discounts. Where applicable, to redeem a discount or coupon code, enter the applicable code before you make your payment. All valid discounts or coupon codes can be applied when subscribing to paid Subscription services. Active accounts are not eligible for discounts or coupon redemptions. Discount and coupon codes cannot be combined with any other promotion, or exchanged, refunded or redeemed for cash. A payment method may be required to redeem a discount or coupon code. It is your responsibility to use a discount or coupon code before it expires. The terms and conditions of a specific discount or coupon code may include additional restrictions on its use.
3.12 Restrictions on Purchases. We may offer opportunities to purchase products via the Services. Certain products may have limited quantities. We reserve the right to refuse any order you place, limit quantities purchased per person, per household, or per order, or cancel orders that you place. In the event that we make a change to or cancel your order, we may attempt to contact you using the contact information you provided when you placed your order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers, distributors, dealers or other commercial entities.
3.13 Refunds (Third Party Services). If you or an event organizer uses the Services to facilitate certain transactions, please be aware that we cannot provide refunds on behalf of event organizers. Please contact customer service for the event or organization with whom you are transacting for assistance. Our service or processing charges are non-refundable.
Limitations on Use of the Services
Ownership and Use of Content; User Submissions; Acceptable Use
5.6 Acceptable Use Policy. When you post, upload, or submit User Generated Content to the Services, or otherwise when you use the Services, you agree that you will not (and will not permit any third party to):
- Infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity;
- Violate, or intentionally or unintentionally promote any activity that would violate, applicable law.
- Submit or upload content that is false, misleading, untruthful, threatening, unlawful, harassing, defamatory, libelous, deceptive, abusive, fraudulent, invasive of another person’s privacy, tortuous, obscene, pornographic, offensive, profane, or otherwise inappropriate;
- Submit or upload content for any commercial purpose or for unauthorized or unsolicited advertising purposes;
- Impersonate any person or entity or otherwise misrepresent your identity or affiliation; or
- Use automated means to submit content to the Services.
5.7 Indemnification for User Generated Content. You agree to defend, indemnify, and hold harmless the Company, its parent and affiliate companies, and their respective officers, directors, employees, agents, representatives, insurers, and assigns from any and all claims arising out of any User Generated Content.
5.9 User Generated Content Disclaimer. We are not responsible for, and do not endorse, User Generated Content. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any User Generated Content posted by another person.
5.10 LossAndFoundXO.com Content Disclaimer. We make no representations as to the accuracy, reliability or completeness of any LossAndFoundXO.com Content that is published on or made available through the Services, and we make no commitment to update such Content.
5.11 Feedback and Unsolicited Material. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any compensation or obligation to you.
- Trademark & Copyright Restrictions
6.1 LossAndFoundXO.com Rights. All trademarks, logos, and service marks displayed on the Services are registered and unregistered trademarks of LossAndFoundXO.com and/or of third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of these Trademarks in any way. All of the materials on the Services are copyrighted, except where explicitly noted otherwise. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, if necessary.
6.2 Copyright Violations. If you believe any information on the Services infringes your copyrights or applicable law, please contact with the following information:
- 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 email address or other contact information that is sufficient for us to contact you;
- a statement by you that you in good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the above information in your notice to LossAndFoundXO.com is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
Notices should be directed to: hithere@LossAndFoundXO.com
7.2 Mobile Features. You are responsible for making all arrangements necessary to access the Services. For example, access to the Services, including any mobile app, may require the use of certain mobile devices or a wireless data service. You may incur charges from your wireless provider when you use the mobile app. We may update the app at our discretion. If you accept these updates, you agree to pay for any costs associated with receiving them. LossAndFoundXO.com makes no representations that the app will be compatible with your device or wireless data service.
Warranties and Disclaimers
To the maximum extent permitted by applicable law, you agree that LossAndFoundXO.com is not providing medical advice via the Services. All content provided through the Services, whether provided by LossAndFoundXO.com or others, is not intended and should not be used in the place of (a) the advice of your physician or other medical professionals; (b) a visit, call or consultation with your physician or other medical professionals; or (c) information contained on or in any product packaging or label. To the extent permitted by applicable law, we are not responsible for any health problems that may result from training programs, dietary recommendations, consultations, products, or events that you learn about through the services. Should you have any health-related questions, please call or visit your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately.
BY USING THE SERVICES, YOU EXPRESSLY AGREE THAT: (A) THE COMPANY IS NOT PROVIDING HEALTH OR MEDICAL ADVICE VIA THE SERVICES; (B) YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR ACTIVITIES, INCLUDING ATHLETIC ACTIVITIES; AND (C) LOSSANDFOUNDXO.COM DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, OR GROUP ACTIVITY ORGANIZED OR PROMOTED ON THE SERVICES OR BY LOSSANDFOUNDXO.COM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOSSANDFOUNDXO.COM IS NOT RESPONSIBLE OR LIABLE, EITHER DIRECTLY OR INDIRECTLY, FOR ANY INJURY, ILLNESS, OR DAMAGES SUSTAINED FROM YOUR USE OF, OR INABILITY TO USE, ANY SERVICES OR FEATURES OF THE SERVICES, INCLUDING ANY CONTENT OR ACTIVITIES YOU ACCESS OR LEARN ABOUT THROUGH THE SERVICES, EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF LOSSANDFOUNDXO.COM OR OTHERS. IF YOU CHOOSE TO PARTICIPATE IN ANY PROGRAMS, SERVICES OR ACTIVITIES ORGANIZED OR PROMOTED ON THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE CONSULTED WITH YOUR PHYSICIAN BEFORE ENGAGING IN ANY ACTIVITIES OR MAKING ANY NUTRITIONAL DECISIONS BASED ON THE CONTENT OF OUR WEBSITES AND/OR APPLICATIONS.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.
Indemnification; Limitation of Liability
EXCEPT WHERE PROHIBITED, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY THIRD PARTY’S USE OF THE SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES EXCEED THE GREATER OF THE AMOUNT YOU PAID USE TO USE THE APPLICABLE SERVICES IN THE PAST TWELVE (12) MONTHS, OR $500.
If you are a resident of Germany: Our statutory liability for intent, gross negligence, personal injury, breaches of a guarantee (which must be expressly designated as such in order to be a guarantee in the legal sense) and under the German Product Liability Act is unlimited.
In cases other than those described in the previous paragraph, our liability for slight negligence is limited to breaches of essential contractual obligations. Essential contractual obligations are obligations that must be performed in order to achieve the purpose of a contract in the first place, and on the performance of which you may therefore generally rely. Our liability for such breaches of essential contractual obligations under this paragraph is limited to damages that are typical of the type of contract and foreseeable at the time the contract is concluded.
Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the most-current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. Arbitration will take place by phone or videoconference, unless an in-person hearing is requested by either party. In that case, the hearing will take place in the state where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
Disputes may also be referred to another arbitration organization if you and the Company agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, group, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that notwithstanding our agreement to only arbitrate disputes as stated above, you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in Denver, Colorado, and you and we hereby submit to the personal jurisdiction and venue of these courts. You and LossAndFoundXO.com agree that if for any reason a dispute proceeds in court rather than arbitration: (1) you and LossAndFoundXO.com waive any right to a jury trial; (2) the dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor LossAndFoundXO.com may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.
This agreement to arbitrate will not preclude you or LossAndFoundXO.com from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or LossAndFoundXO.com from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of LossAndFoundXO.com’s intellectual property rights.
Email and Text Communications
11.1 Electronic Communications. You agree that all communications related to your use of the Services will be sent electronically and that such communications satisfy any legal requirement that such communications be in writing. All notices from the Company to you shall be deemed delivered and effective when sent to the e-mail address you provide to us. If you opt in to receive promotional emails, you will be able to later opt-out by following the instructions provided in those emails. You cannot however opt out of communications that are related to your use of the services available on the Services.
11.2 Notices. When you use the Services or send communications to us via the Services, you are communicating with us electronically. Similarly, you consent to receive, from us electronically, communications related to your use of the Services. You agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Company to you will be deemed delivered and effective when sent to the e-mail address you provide to us.
- United States Operations; International Disclaimer
13.1 Additional Features. Certain features on the Services may be subject to separate terms, which will be presented in conjunction with those features. Your use of those features will be governed by those separate terms.
13.2 Third-Party Links & Ads. The Services may contain links to third-party websites. That doesn’t mean that we control or endorse those websites or any goods or services sold on those websites. Similarly, the Services may contain ads from third parties. We do not control or endorse any products being advertised.
13.7 California Notice. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
13.8 Contact Us. If you have any feedback, questions or comments about the Services, please contact our Support Team here.