Terms of Use

Last updated: 18 September 2017

Welcome. We're so thankful to have the opportunity to serve you!

In keeping with the old saying "Good fences make for good neighbors," our lawyers want us to explain our fences. We'll try to make this as painless as possible by including plain-English summaries after most sections.

  1. Using Foundrop
    1. Who can use Foundrop

      You may use our Products only if you can form a binding contract with Foundrop, and only in compliance with these Terms and all applicable laws. When you create your Foundrop account, you must provide us with your accurate and complete information. Any use or access by anyone under the age of 13 is prohibited (Though we suggest that if you are under the age of 18 you let your parents know- we're sure they'll want to use it to!) If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

    2. Translation:

      You can use Foundrop unless you're under 13 and if you adhere to our Terms of Use Policy.

    3. Foundrop is free for individual users.

      As an individual, Foundrop is free for you to inventory your property with pictures. Foundrop is free for you to flag your property as lost or stolen and to download a hard copy of your property. In a nutshell, you don’t pay to inventory and track your property, and we have no hidden fees to surprise you. You may also delete your account at any time simply by clicking on your username at the top right corner of the site, and clicking on “Edit your account”.

    4. Our license to you

      Subject to these Terms and our policies (including our Responsible Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.

    5. Commercial use of Foundrop

      If you want to use our Products for commercial purposes we can do special things for you that will simplify your business and life! Contact us and we'll cater to you.

    6. Ordering Subscriptions

      A monthly subscription allows an Authorized Organizational User to access the Services. No matter the role, an Organizational subscription is required for each Organizational User. A subscription may be procured through the Services Interface, or in some cases, via an order entered between a Customer and us. Please email us at contact to inquire further if you did not sign up through the service interface “Sign Up”. Each Individual Authorized User within an Organizational User must agree to the User Terms and does so upon logging into their subscription. Subscriptions commence when we make them available to a Customer and continue for the term decided by the Organizational User, whom may terminate their subscription “at will”. If an Organizational User cancels their subscription created through our Services Interface, your credit card will not be billed the following month, and your Organizational page will be deleted from Public and Organizational view. If your Organization procures services through a Purchase Order, or ACH Debit, it may do so on a monthly or annual basis, as we understand organizations have varying procurement policies. If an Organizational subscription is paid in full for a year(s) billing, and is canceled by the Organization prior to that annual calendar start month, the remaining paid months forward will be refunded to such Organization. We sometimes enter into other kinds of ordering arrangements, but that would need to be spelled out and agreed to in an email Order Form that can be sent at contact.

    7. Payment Terms

      For Customers that purchase our Services, fees are specified at the Services interface “sign up” of $299.00 a month, and $3,588.00 if purchased annually through Purchase Order or ACH Debit— and must be paid in advance. Payment obligations are billed 30 days in advance and the month in which you cancel is nonrefundable. Subscriptions purchased on an annual basis other than through the Services Interface, will receive two email notifications for renewal, 60 and 30 days prior to the 12th month the subscription was started. If payment is not received by the 12th month, the Organization will receive phone contact to assure contact was made, preventing the integrity of the Organizations Foundrop page from being interrupted.

      If we agree to invoice a Customer by email, full payment, whether monthly, or on an annual term, whichever the Organization deems best for them, must be received within thirty (30) days from the invoice date. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). Customer will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income.

    8. Credits

      We do not credit unused days in the month your Canceled Subscriptions is activated by you. Subscriptions purchased on an annual basis will be credited for any remaining months within the 12-month billing cycle. Again, bottom line – you cancel, you end the agreement, and we’ll return the unused months payments. We can’t make it any simpler than that!

  2. Your Content
    1. Posting your property/content

      Foundrop allows you to post property/content, comments, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Foundrop, but also allow others to view specific items that you mark as lost or stolen. You also agree that other users who find your lost and stolen property may contact you at the contact information you provide.

      Translation:

      If you post your property/content on Foundrop, it still belongs to you but if you mark it as lost or stolen we can show it to people who run the serial number to that specific item--which is the whole point of this site, right?

    2. How Foundrop and other users can use your content

      You grant Foundrop and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, and distribute your User Property/Content on Foundrop solely for the purposes of operating, developing, providing, and using the Foundrop Products. Nothing in these Terms shall restrict other legal rights Foundrop may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason; including User Content that we believe violates these Terms or our policies. Foundrop and its users may retain and continue to use, store, display, reproduce, perform, and distribute any of your User Content that other users have stored or shared through Foundrop with any Law Enforcement, Port Authority, Transit Authority, University or School.

      Translation:

      Your information is private until you make it public by marking your property lost or stolen and want the finder to get it back to you. The less contact information you put the fewer contact option the finder had to contact and return property to you.

    3. How long we keep your content

      Following termination or deactivation of your account, or if you remove any User Content from Foundrop, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Foundrop and its users may retain and continue to use, store, display, reproduce, perform, and distribute any of your User Content that other users have stored or shared through Foundrop with any Law Enforcement, Port Authority, Transit Authority, University or School.

      Translation:

      Copies of content shared with others may remain even after you delete the content from your account.

    4. Feedback you provide

      We value hearing from our users, and are always interested in learning about ways we can make Foundrop more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Foundrop does not waive any rights to use similar or related Feedback previously known to Foundrop, or developed by its employees, or obtained from sources other than you

      Translation:

      Also, don't post porn or spam or be a jerk to other Foundroprs. Also, we can actually use your suggestions to make Foundrop better--tell us.

  3. Copyright Policy

    Foundrop has adopted and implemented the Foundrop Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.

    Translation:

    We respect copyrights, and you need to as well or it may take you where you never wanted to go—and we mean on the trouble side.

  4. Security

    We care about the welfare and security of our users so NEVER give any other Foundrop user your home address. Never meet anyone anywhere that is not heavily populated by good citizens that will help others who call out. Meet in safe places like police stations, inside large stores with lots of people around. While we work to protect the security of your content and account, Foundrop cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

    Translation:

    You control your own safety—so be safe. Not everyone out there has good intentions. Unless you've lived under a rock in the middle of the Sahara you've seen news stories covering bad people who try and scam or steal from others. You can also help us fight spammers by not clicking on any links or files from anyone that you don't know, and if you do click on links or downloads from those you do or don't know, be positive the links or downloads are legit!

  5. Third-Party Links, Sites, and Services

    Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Foundrop. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Foundrop, you do so at your own risk and you agree that Foundrop will have no liability arising from your use of or access to any third-party website, service, or content.

    Translation:

    Links to content off of Foundrop may be cool or useful, but either way we're not responsible when it's not.

  6. Termination

    Foundrop may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections II and VI-XII of these Terms.

    Translation:

    We reserve the right to refuse service to anyone. Really! That means you too!

  7. Indemnity

    If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Foundrop and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.

    Translation:

    If we are sued because of something your business does on Foundrop, you have to pay our costs. Also, you should have contacted us about creating a business account with us so you could have been informed about additional commercial terms—so don't get angry with us.

  8. Disclaimers

    The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

    Now we have to yell at you in lawer-speak:

    FOUNDROP SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

    Foundrop takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

    Translation:

    Unfortunately, people post bad stuff on user-generated content sites like Foundrop. We take that kind of thing seriously but you still might run into it before we have a chance to take it down or correct it. If you see bad stuff, please tell us.

  9. Limitation of Liability

    Warning: lots of lawyer-holler coming at you:

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOUNDROP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL FOUNDROP'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). FURTHERMORE, FOUNDROP CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF ANY SERIAL NUMBERS ON OUR SITE, AND WE SUGGEST THAT YOU CONTACT LAW ENFORCEMENT IF YOU FURTHER QUESTION PROPOERTY YOU MAY SUSPECT STOLEN. FOUNDROP IS NOT A LAW ENFORCEMENT AGENCY AND TAKES NO ACTION IN THE CONFISCATION OF PROPERTY. FOUNDROP ALSO SUGGESTS THAT YOU NEVER TRY TO RECOVER STOLEN PROPERTY BY USING FORCE, THREATS, OR ANY OTHER MEANS THAT VIOLATES FEDERAL, STATE LAW OR LOCAL LAW. FOUNDROP SUGGEST YOU CONTACT LOCAL LAW ENFORCEMENT FOR ASSISTANCE IN RETRIEVING STOLEN PROPERTY. NEVER TRY TO HOLD SOMEONE SUSPECTED OF POSSESSING STOLEN PROPERTY PENDING POLICE RESPONSE. DO NOT RISK HARM TO YOURSELF.

    Translation:

    We are building the best service we can for you but we can't promise it will be perfect. We're not liable for various things. Don't be foolish. A piece of property is never worth your safety. Always utilize law enforcement. Wash your hands frequently.

  10. Arbitration

    For any dispute you have with Foundrop, you agree to first contact us and attempt to resolve the dispute with us informally. If Foundrop has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and TackMole agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Foundrop will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. Ready to be yelled at again? ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PINTEREST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

  11. Governing Law and Jurisdiction

    These Terms shall be governed by the laws of the State of Idaho, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Ada County, Idaho or the United States District Court of Idaho (Boise Office), for any actions not subject to Section 10 (Arbitration). Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.

    Translation:

    The Boise Metro Area is an awesome place and we like it here and don't want to have to fly out to a crazy busy city that has expensive coffee and pastries. So with all due respect, you'll have to come here for the legal matters.

  12. General Terms

    Notification Procedures and changes to these Terms. Foundrop reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

    Translation:

    If we're making some major changes to our Terms, we'll be sure to let you know ASAP (that's not lawyer-holler--it means "as soon as possible")!

    1. Assignment

      These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Foundrop without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

    2. Entire Agreement/Severability.

      These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Foundrop in connection with the Products, shall constitute the entire agreement between you and Foundrop concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

    3. No Waiver.

      No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Foundrop's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

      Translation:

      These three passages are part of just about every online terms agreement. Basically, they ensure that a deal is a deal when you're using a site, including Foundrop.

    4. U.S. Government Agencies

      If you are a United States federal government agency, your use of Foundrop is subject to our Terms, Privacy and other policies.

      Translation:

      No special rights for Big Brother.