fbpx

Terms of Use

These Terms of Use (“Terms of Use”) are a binding legal agreement between you, your heirs, and your representatives (collectively “you”) and Aloqa, LLC, a Texas limited liability company dba findmyplusone.com, together with its affiliates and subsidiaries (collectively, “we”, “us”, “our”, “findmyplusone.com”, or the “Company”), that govern your use of the Company’s websites, applications, services, and other offerings (collectively, the “Platform”). 

  1. Acceptance of Terms of Use Agreement.

BY ACCESSING OR USING THE PLATFORM, YOU ARE AGREEING TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER CONTAINED IN BELOW, YOU MAY NOT USE THE PLATFORM OR CREATE AN ACCOUNT.

By accessing or using the Platform, you also understand and agree that as our business grows and improves, we may from time-to-time change these Terms of Use and will post a revised copy on this page. We encourage you to check regularly for any updates. If we make any material changes to these Terms of Use, we will notify you via email or other means of communication, as appropriate. Otherwise, your continued use of the Platform following such changes will constitute your acceptance of the new terms.

The Platform offers an online venue that enables users (sometimes called “Members”) to publish, offer, search for, and select activities posted by other Members. Users who publish and offer activities are known as “Members” and users who search for, book, or use services are also known as “Members.” Members offer events, excursions, and experiences (whether one or more, “Activities”), and a variety of travel and other services (collectively, together with Activities, “Member Activities”. You must first register and create an account to access and use many features of the Platform, and must keep your account information current and accurate. As the online provider of the Platform only, the Company does not own, control, offer or manage any Activities published by Members. The Company is not a party to any contract entered into between its Members, nor is the Company an event planner or insurer of said Activities. The Company is not acting as an agent, representative, or go-between in any capacity for any Member. If you are a Member, you are responsible for understanding and complying with all laws, rules, regulations, terms, conditions, and contracts with other Members and third parties that apply to your Member Activities that are published.

  1. Eligibility.

You must be at least 18 years of age to create an account on and use the Platform. By creating an account, you represent and warrant to us that:

  • you are authorized and competent to form a binding contract with us,
  • you are not a person who is barred from using the Platform under the laws of the United States or any other applicable jurisdiction – including, but not limited to, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
  • you will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations, and
  • you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

  1. Your Account.

In order to use the Platform, you may sign in using any currently linked social platform. If you do so, you authorize us to access and use certain social platform account information, including but not limited to, your public social platform profile. This applies to Instagram, Facebook, Linkedin, Google sign in, Twitter and any additional sign in services that are added in the future. The Company has no control over any other social media application and Members should refer to those platforms for any and all issues regarding the cookie policies, terms of use, and privacy policies of those social media platforms. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You are responsible for maintaining the confidentiality of your login credentials you once you create an account on the Platform, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please contact us immediately at admin@findmyplus.one

  1. Modifying the Service and Termination.

The Platform is always striving to improve its services and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features. We may even suspend the Platform entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by following the instructions in the app. We may terminate your account at any time without notice if we believe that you have violated these Terms of Use. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, your ability to access the Platform will terminate, but sections in these Terms of Use shall continue to otherwise apply.

  1. Safety; Your Interactions with Other Members.

Though we strive to encourage a respectful Member experience through features like the double opt-in that allows Members to communicate only after they have both indicated interest in one another, we are not responsible for the conduct of any Member on or off of the Platform. You agree to use caution in all interactions with other Members, particularly if you decide to communicate off the Platform or meet in person. In addition, you agree to review and follow the Platform’s Safety Tips prior to using the Platform. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other Members.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS. WE RESERVE THE RIGHT TO CONDUCT – AND YOU AUTHORIZE US TO CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS OBTAINED BY US OR WITH THE ASSISTANCE OF A CONSUMER REPORTING AGENCY, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE.

  1. Your Rights.

Upon properly registering on the Platform, we grant you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the  the Platform. This license is for the sole purpose of letting you use and enjoy the Platform’s benefits as intended and permitted by, these Terms of Use. Therefore, you agree not to:

  • use the Platform or any content contained on the Platform for any commercial purposes without our written consent.
  • copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Platform without our prior written consent.
  • express or imply that any statements you make are endorsed by us.
  • use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents.
  • use the Platform in any way that could interfere with, disrupt or negatively affect the Platform or the servers or networks connected to the Platform.
  • upload viruses or other malicious code or otherwise compromise the security of the Platform.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Platform.
  • “frame” or “mirror” any part of the Platform without our prior written authorization.
  • use meta tags or code or other devices containing any reference to the Platform (or any trademark, trade name, service mark, logo or slogan of ours) to direct any person to any other website for any purpose.
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform, or cause others to do so.
  • use or develop any third-party applications that interact with the Platform or other Members’ content or information without our written consent.
  • use, access, or publish the Platform’s application programming interface without our written consent.
  • probe, scan or test the vulnerability of our Platform or any system or network.
  • encourage or promote any activity that violates these Terms of Use.

We may investigate and take any available legal action in response to illegal and/-or unauthorized uses of the Platform, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

  1. Our Rights.

By creating an account, you grant to us a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from any and all linked social network accounts, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Platform or transmit to other Members (collectively, “Content”). Our license to your Content shall be non-exclusive, except that our license shall be exclusive with respect to derivative works created through use of the Platform. For example, we would have an exclusive license to screenshots on the Platform that includes your Content. In addition, so that we can prevent the use of your Content outside of the Platform, you authorize us to act on your behalf with respect to infringing uses of your Content taken from the Platform by other Members or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Platform. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Platform and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Platform may be viewed by other Members and may be viewed by any person visiting or participating in the Platform (such as individuals who may receive shared Content from other Members).

You agree that all information that you submit upon creation of your account, including information submitted from your social network accounts, is accurate and truthful and you have the right to post the Content on the Platform and grant the aforementioned license to us.

You understand and agree that we may monitor or review any Content you post as part of the Platform. We may delete any Content, in whole or in part, that in our sole judgment violates these Terms of Use or may harm the reputation of the Platform.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

In consideration for us allowing you to use the Platform, you agree that we, our affiliates, and our third-party partners may place advertising on the Platform. By submitting suggestions or feedback to us regarding our Platform, you agree that we may use and share such feedback for any purpose without compensating you.

You agree that we may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

  1. Other Members’ Content.

Although we reserve the right to review and remove Content that violates these Terms of Use, such Content is the sole responsibility of the Member who posts it, and we cannot guarantee that all Content will comply with these Terms of Use. If you see Content on the Platform that violates these Terms of Use, please report it admin@findmyplus.one

  9.  Notice and Procedure for Making Claims of Copyright Infringement.

If you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • 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 Platform (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
  • your contact information, including address, telephone number and email address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement should be provided to the Company’s copyright agent via email to admin@findmyplus.one

We will terminate the accounts of repeat infringers.

  1. Disclaimers. 

WE PROVIDE THE PLATFORM TO YOU ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE PLATFORM (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT (A) THE PLATFORM WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE PLATFORM WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE PLATFORM WILL BE ACCURATE.

WE TAKE NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES ON THE PLATFORM. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

WE DISCLAIM AND TAKE NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER MEMBER, ON OR OFF THE PLATFORM.

  1. Third Party Services.

The Platform may contain advertisements and promotions offered by third parties and links to other web sites or resources. We are not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Platform, such party’s terms will govern their relationship with you. We are not responsible or liable for such third parties’ terms or actions.

  1. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, EMPLOYEES, LICENSORS OR PLATFORM PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS` OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE PLATFORM; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF THE COMPANY HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS OF USE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST THE COMPANY, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL activities, THE PLATFORM, AND THESE TERMS OF USE.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS NOTICE SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

13.  Retroactive and Prospective Arbitration, Class-Action Waiver, and Jury Waiver.

Except where prohibited by applicable law:

  • The exclusive means of resolving any dispute or claim arising out of or relating to your use of the Platform or these Terms of Use (including any alleged breach thereof), regardless of the date of accrual and including past, pending, and future claims, shall be BINDING ARBITRATION administered by JAMS in the county where the Company’s primary business is located under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by our Arbitration Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction in the county where the Company’s primary business address is located, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court instead if the claim is within the jurisdiction of the small claims court (and filed in the county where the Company’s primary address is located. If the request to proceed in small claims court is made before an arbitrator has been appointed, the arbitration shall be administratively closed. If the request to proceed in small claims court is made after an arbitrator has been appointed, the arbitrator shall determine whether the dispute should remain in arbitration or instead be decided in small claims court. Such arbitration shall be conducted by written submissions only, unless either you or the Company elect to invoke the right to an oral hearing before the Arbitrator. But whether you choose arbitration or small claims court, you agree that you will not under any circumstances commence, maintain, or participate in any class action, class arbitration, or other representative action or proceeding against the Company.
  • If you assert a claim against the Company outside of small claims court (and the Company does not request that the claim be moved to small claims court), your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute. The same is true for the Company. Both you and the Company are entitled to a fair hearing before the arbitrator. The arbitrator can generally grant the relief that a court can, including the ability to hear a dispositive motion (which may include a dispositive motion based upon the parties’ pleadings, as well as a dispositive motion based upon the parties’ pleadings along with the evidence submitted), but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
  • As you decide whether to agree to the arbitration requirements set forth in these Terms of Use, here are some important considerations:
  • Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties under the JAMS Streamlined Arbitration Rules & Procedures. Arbitration does not limit or affect the legal claims you as an individual may bring against the Company. Agreeing to arbitration will only affect where your claims may be brought and how they will be resolved.
  • Arbitration is generally considered to be a more rapid dispute resolution process than the judicial system, but that is not always the case. 
  • You will be responsible for paying ½ of any and all arbitration fees, including your own legal fees, provided, however, that if it is determined that you brought any claim for frivolous, reckless or harassment reasons, you will be responsible for paying for all arbitration fees, including our legal fees.
  • IMPORTANT: THERE ARE NOW, AND MAY BE IN THE FUTURE, LAWSUITS AGAINST THE COMPANY ALLEGING CLASS AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF INCLUDING BUT NOT LIMITED TO CLASS ACTIONS DESCRIBED IN THIS SECTION, WHICH IF SUCCESSFUL, COULD POTENTIALLY RESULT IN SOME MONETARY OR OTHER RECOVERY TO YOU, IF YOU ELECT TO OPT OUT OF THE RETROACTIVE APPLICATION OF THE ARBITRATION REQUIREMENTS IN THESE TERMS OF USE. THE MERE EXISTENCE OF SUCH CLASS AND/OR REPRESENTATIVE LAWSUITS, HOWEVER, DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED, OR, EVEN IF SUCCESSFUL, THAT YOU WOULD BE ENTITLED TO ANY RECOVERY.
  • You will be precluded from bringing any class or representative action against the Company, unless you timely opt out of the retroactive application set forth above, and you will also be precluded from participating in any recovery resulting from any class or representative action brought against the Company, in each case provided you are not already bound by an arbitration agreement and class action waiver previously agreed to with the Company.

IF FOR ANY REASON ANY ARBITRATION TERM OR CONDITION IS FOUND TO BE INVALID, YOU WILL NEVERTHELESS STILL BE BOUND BY ANY PRIOR VALID ARBITRATION TERM OR CONDITION THAT YOU ENTERED INTO WITH THE COMPANY.

  1. Governing Law.

Except where our arbitration agreement is prohibited by law, the laws of the State of Texas, U.S.A., without regard to its conflict of laws rules, shall apply to any disputes arising out of or relating to the Platform or these Terms of Use, or your relationship with the Company.

  1. Venue.

Except for claims that may be properly brought in a small claims court of competent jurisdiction, all claims arising out of or relating to the Platform or these Terms of Use, or to your relationship with the Company that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Dallas County, Texas, U.S.A. You and the Company consent to the exercise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.

  1. Indemnity by You.

You agree, to the extent permitted under applicable law, to indemnify, defend and hold the Company harmless, together with our affiliates, and our and their respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Platform, your Content, or your breach of these Terms of Use.

 17.  Force Majeure. 

No party shall be liable to the other for any default resulting from force majeure, which includes any circumstances beyond the reasonable control of the parties.

  1. Entirety of Agreement; Other.

These Terms of Use, along with the Privacy Policy, Cookie Policy, Safety Tips and Arbitration Procedures, and any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Platform, contains the entire agreement between you and the Company regarding your relationship with the Company and the use of the Platform is still subject to and bound by any prior agreements to arbitrate with the Company as well as this agreement to arbitrate on a going forward basis. If any provision of these Terms of Use are held invalid, the remainder of the Terms of Use shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that your account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms of Use and you may not make any representations on behalf of or bind the Company in any manner.

California subscribers:

  • You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using an External Service (e.g., Apple ID, Google Play), you must cancel through your External Service, as set forth in more detail above. If you subscribed through your Apple ID, refunds are handled by Apple/Google, not with the Company. You can request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com. All other users may request a refund by contacting Company Customer Service at admin@findmyplus.one, or by mailing or delivering a signed and dated notice that states that you, the buyer, are canceling your account, or words of similar effect. Please also include your name and the email address, phone number, or other unique identifier you used to sign up for your account. This notice shall be sent to: FindMyPlusOne, Attn: Cancellations, 4760 Preston Rd Ste 244-218 Frisco, TX 75034. The Company’s business is conducted, in part, at 4760 Preston Rd Ste 244-218 Frisco, TX 75034. You may have these terms of use e-mailed to you by sending a letter to Terms Inquiries, 4760 Preston Rd Ste 244-218 Frisco, TX 75034 USA. In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Consumer Information Division, 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952- 5210.

 

©2022 FindMyPlusOne  – Made in the USA, enjoyed world-wide. All Rights Reserved