TERMS & CONDITIONS

Effective: 08/20/2020 

Welcome to the Finding Moments website. This website, ecommerce shopping, mobile application and/or service is owned and operated by Finding Moments LLC, a Colorado Limited Liability Company formed under the Colorado Limited Liability Act “Company”.  By accessing, browsing, or shopping on this website, you agree to all the terms and conditions in this agreement. Please read them carefully. 

These Terms and Conditions of Use ("Terms of Use") set forth the terms and conditions under which you are authorized to use one of our websites, including any website where these Terms of Use are posted, and any subdomains and mobile versions (collectively, the “Site” or interact with our other on-site or web-enabled technologies. By using our Site, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately stop using our Site.  

Your use of any digital content or services provided by third parties—including third-party links to other websites on the Internet—are not governed by these Terms of Use. You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party site or service, or any use of your information by those third parties. You further acknowledge that any reliance on representations and warranties provided by any party other than Company will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party or use of your information by those third parties. Your use of those third-party websites and services is subject to the terms of use and privacy policies posted on each site or service, and we encourage you to review those terms of use and privacy policies. 

We reserve the right to modify or discontinue all or any portion of our Site with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to our Site, or that operation of our Site will be uninterrupted or error free. You understand that usage of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control. 

As a condition of your right to use our Site, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Site under the laws of the United States or any other country. 

Company’s products displayed on this Site are available while supplies last.  In some cases, merchandise and/or products displayed for sale at the Site may be temporarily unavailable.  The prices displayed on this Site are quoted in U.S. Dollars and are valid and effective only in the United States.  Prices are subject to change.  Payment for all orders must be made by credit or debit card on the checkout page.  We accept payment by most major credit and debit cards.  You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason.  We also carry out a standard pre-authorization check on your payment card and Company products and/or merchandise will not be released or dispatched until this pre-authorization check has been completed.  Please note it is possible that your card issuer may charge you an online handling fee or processing fee.  We are not responsible for this.   

Should you wish to return anything purchased from Company, we will be happy to refund or exchange a product provided it is in a fully resalable condition. Returns should be requested within fourteen days of receipt of product.  To request a return, please email us using the Contact Us section on Site.  We will reply with return instructions.   

You may not engage in any of the following regarding the Site (including without limitation posting or transmitting content through the Site), and you agree not to use the Site to violate or encourage the violation of any local, state, national, or international law or regulation; collect or store personal data about other users of our Site or solicit personal information from any individual; impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by Company in its sole discretion; infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships; promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes; disrupt or interfere with the security or use of the Site or any websites or content linked to them; interfere with or damage the Site, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Site; attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Company, our any third party, or create or use a false identity; attempt to obtain unauthorized access to the Site or portions thereof that are restricted from general access; use any meta tags or any other “hidden text” utilizing the Company’s (or any third party) name, trademarks, or product names; attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Site; engage in any activity that interferes with any third party’s ability to use or enjoy the Site; or assist any third party in engaging in any activity prohibited by these Terms of Use.  

Further, without our written consent, you may not: reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any Company content or any use of or access to the Site; use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Site or monitor or copy our web pages or the content contained thereon; deep link to the Site for any purpose; or frame the Site, place pop-up windows over any content, or otherwise affect the display of the Site.  

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY 

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OWNERS, MEMBERS (COLLECTIVELY THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITE.  

YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SITE. UNDER NO CIRCUMSTANCES, WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY THE COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 

You agree to indemnify and hold the Company Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your posting of any content on our Site, or other use of our Site in a manner not permitted by these Terms of Use, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of our Site using your computer, mobile device or account. 

All products, merchandise, content, copyrights, and other intellectual property rights including provisional patents in the content available on our Site, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by Company with all rights reserved. In some cases, such content may be licensed to Company by third parties. This content is protected by the intellectual property rights of Company or those respective owners. All content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on our Site are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Company.  

Any use of content on the Site, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Company, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Company. You may use the content solely for your personal, non-commercial use, except as described herein. You may download or print a single copy of any portion of the content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such content. You may not make any use of content owned by any third parties which is available on the Site, without the express consent of those third parties. 

You are hereby licensed to create hyperlinks to content on the Site, provided that the hyperlink accurately describes the content to which it links. If you include links to our Site on your website, when the link is clicked, the applicable page within our Site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the applicable Site, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. The page on which such links are featured must be accessible to the public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by Company. Under no circumstances may you "frame" all or any portion of the Site or copy portions of the Site to a server, except as part of an Internet service provider's incidental caching of pages. We reserve the right to revoke these licenses generally, or your right to use specific links or feeds, at any time, with or without cause.  If you access our Site on mobile devices you understand that your mobile carrier’s standard charges will apply.  

If you believe that any content on our Site violates these Terms of Use or is otherwise inappropriate, please report the content by completing the Contact Us form on our Site. 

In the event that you find content posted on our Site which you believe to be an infringement of the copyright ownership or other intellectual property rights of your company or any third party, you are requested to immediately report such issue by completing the Contact Us form on our Site.  Please include your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner; a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner; a detailed description of the copyrighted work or other intellectual property that you claim has been infringed; if your claim is based on a registered work, the registration number, and the date of issuance of the registration; a description of the infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material; your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and a statement that all of the information you have provided is true. 

Please send your notice of alleged infringement to us:  

By Mail: United States Corporation Agents, Inc, 
121 S. Tejon Street, Suite 900 
Colorado Springs, CO 80903  

E-mail: trisha@finding-moments.com 

USER-SUBMITTED CONTENT 

Any content uploaded, posted, submitted, or otherwise made available by individual users of the Site, including without limitation blog comments, message board posts, and any other content which does not originate with Company ("User Content"), is the sole responsibility of the person who made such User Content available on the Site. Under no circumstances will Company be liable in any way for any User Content made available through this Site by you or any third party.  

Since Company does not control the User Content posted on the Site, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such User Content. You also agree and understand that by accessing the Site, you may encounter content that you may consider to be objectionable. Company has no responsibility for any User Content, including without limitation any errors or omissions therein. The Company Parties are not liable for any loss or damage of any kind incurred because of any User Content on the Site.  

User Content is owned by the author thereof, and Company does not claim ownership of original works created and posted by individual visitors to this Site. However, by uploading, posting, transmitting or otherwise making any User Content available on or through the Site, you are granting Company, and its parent, subsidiaries, affiliates, and other related entities an irrevocable, nonexclusive, perpetual, royalty-free, transferrable, sublicensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you.  

Company reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the Site. You agree that the exercise by Company of such discretion shall not convert or transform User Content to content owned or provided by Company, and the user who made such User Content available on the Site will retain ownership thereof as described below. 

As required by Colorado Law, we permit minors under the age of 18 to request the deletion of any content or information that the minor has posted on our Site. To request the removal of content or information you have posted on our Site, please send a letter or email to the address below with your name, a complete description of the content you would like removed, and  the web address(es) of the content you would like removed. Please be aware that our fulfillment of this request does not ensure complete or comprehensive removal of the content or information you have posted on our Site. 

We welcome your comments and feedback about our Site. All information and materials submitted to Company through the Site or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Site or the business of Company (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but Company reserves the right to treat any such Feedback as the confidential information of Company. 

By submitting Feedback to Company, you assign to the Company Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Company Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.  

The laws of the state of Colorado and the United States govern these Terms of Use and any claims arising out of or relating to use of the Site, without giving effect to any choice of law rules. We make no representation that our Site is appropriate, legal or available for use outside of the United States. Except for any matters subject to arbitration to be mutually agreed by plaintiff and Company, the state and federal courts located in Boulder County, Colorado will serve as the venue for any actions brought, or claims made, arising out of your use of our Site. 

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Site in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. 

We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to our Site, without further notice to you. Your continued use of any of our Site after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use. 

If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of Company. You agree that these Terms of Use and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a contributor to our Site. You agree and understand that these Terms of Use together with any other applicable click-through agreements you may have entered into regarding our Site, constitutes the entire agreement between you and Company regarding your use of the Site, and that any other prior agreements between you and Company are superseded by these Terms of Use. Any failure by Company to exercise its rights under these Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

Under California Civil Code Section 1789.3, California users of our Site are entitled to the following specific consumer rights 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 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. 

If you have any questions about these Terms of Use, please feel free to please contact:  

By Mail: United States Corporation Agents, Inc, 
121 S. Tejon Street, Suite 900 
Colorado Springs, CO 80903 

E-mail: trisha@finding-moments.com