TERMS OF USE
L.A.F.C. Lost and Found Crew Limited - Terms of Use
Last Updated: 12 November, 2022
L.A.F.C. LOST AND FOUND CREW LIMITED (“LAFC,” “we,” “us,” or “our”) provides its services (described below) and related content to you (“you” or “User”) through its website and platform located at www.lostandfoundcrew.com (the “Site”), subject to these Terms of Use (as amended from time to time, the “Terms”).
Except as otherwise noted herein, these Terms govern your use of the Site. Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. LAFC reserve the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. LAFC provide you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software, and the HTML used to generate the pages (collectively, "Materials and Content"), is LAFC property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of LAFC. We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, at our sole discretion.
Prohibited uses
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. LAFC specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
Posting any information which is incomplete, false, inaccurate, or not your own.
Engaging in conduct that would constitute a criminal offence, giving rise to civil liability, or otherwise violate any city, state, national, or international law or regulation that would fail to comply with accepted Internet protocol.
Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it.
Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner.
Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy, or publicity right of another.
Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws.
Attempting to interfere in any way with the Site's or LAFC networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system.
Communicating, transmitting, or posting material that is in violation of applicable laws or regulations.
Limits on purchases
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our products and/or services. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of LAFC merchandise and services.
Security rules
Violations of system or network security may result in civil or criminal liability. LAFC will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
Accessing data not intended for you or logging on to an LAFC server or account, which you are not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt).
Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site, our hosting provider, or our network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing" the Site.
Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to our Site.
International use
We control and operate the Site from Cyprus, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Please refer to the International Orders page on the Site for more information. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.
Software that may be downloaded from the Site is subject to export controls under the laws and regulations of the United States. By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (currently, Cuba, Iran, North Korea, Sudan and Syria) or listed on any of the United States Government's lists of prohibited and restricted parties.
Product and pricing information
Although LAFC has made every effort to display our products and services as accurately as possible, products displayed may be out-of-stock or services may be discontinued, and prices are subject to change. LAFC are not responsible for typographical errors regarding price or any other matter.
Proprietary rights
LAFC is the owner and/or authorized user of any registered or unregistered trademark, trade name, and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site unless otherwise indicated. The LAFC logos, designs, titles, phrases, and product names and the copyrights, trademarks, service marks, trade dress, and/or other intellectual property in such materials (collectively, " LAFC Intellectual Property") are owned by LAFC and may be registered in Cyprus and internationally. You agree not to display or use the LAFC Intellectual Property in any manner without LAFC's prior permission. Nothing on the Site should be construed to grant any license or right to use any LAFC Intellectual Property without the prior written consent of LAFC.
Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by LAFC. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, selection, and arrangements is protected by law including, but not limited to, copyright law.
Recurring Subscriptions
If you select a Service with an auto renewal feature (“Recurring Subscription”), you authorize LAFC to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that LAFC is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, LAFC, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third-party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.
LAFC may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please, therefore, make sure you read any such notification of price changes carefully.
Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
User content
Any and all content, comments, feedback, suggestions, ideas, concepts, questions or other communications (collectively "User Content") that you submit or post on the Site shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to LAFC and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce or use the User Content in any commercial or non-commercial manner whatsoever. LAFC will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. LAFC shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. LAFC retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.
By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libellous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold LAFC and its employees, agents, and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Disclaimers and limitation of liability
LAFC publishes information on its Site as a convenience to its visitors. While LAFC attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The LAFC products described in the Site may not be available in your region. LAFC does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions.
You assume all responsibility and risk with respect to your use of the Site, which is provided "AS IS." LAFC DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH IS PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LAFC DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. BANDIER MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LAFC makes no warranties of any kind regarding any non-LAFC sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and LAFC makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided on such non-LAFC sites. LAFC does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
IN NO EVENT SHALL LAFC, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF LAFC OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity
You agree to defend, indemnify, and hold LAFC, its directors, officers, employees, agents, and affiliates harmless from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringe any third party proprietary right.
Disputes
Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with LAFC shall be submitted to confidential arbitration in New York, New York. However, if you have in any manner violated or threatened to violate any LAFC Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
General information
These Terms constitute the entire agreement between you and LAFC and govern your use of the Site, and they supersede any prior agreements between you and LAFC. You also may be subject to additional Terms that are applicable to certain parts of the Site. LAFC may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in LAFC’s sole discretion you fail to comply with any provision of these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between LAFC and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to LAFC or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of LAFC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition, or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
You may not assign the Terms or any of your rights or obligations under the Terms without LAFC's express written consent. The Terms inure to the benefit of LAFC's successors, assigns, and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
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Deposit: Your initial deposit is used to secure your spot and goes toward your full payment. Your deposit is not refundable but is transferrable.
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The remaining balance is due 28 days before the adventure's start date.
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Trip credit may be transferred towards a future trip if cancelled up to 28 days before the start of the trip.
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If you cancel your trip within 28 days of the start date, we will hold your deposit and 50% of your ticket cost. If we can fill your spot, you will receive back your 50% ticket cost and we reserve the right to withhold your deposit.
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Please note we strongly encourage all participants to purchase travel and medical insurance just to be safe. Participants must carry insurance documentation while engaging in any event or activity with LAFC.
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LAFC's events, activities, and/or retreats are not suitable for anyone under the age of 21.
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For the benefit of everyone on your adventure, LAFC reserves the right to accept or reject any participant, at any time, for any reason without any liability whatsoever. In the event LAFC determines, in its sole and exclusive discretion, that a participant is disruptive to the harmony of the event, activity, or retreat, we may, without any obligation to pay a refund or any other amount whatsoever, expel such participant from the event, activity, and/or retreat. LAFC will have no responsibility or liability for any participant who leaves the adventure before its conclusion or for any event, activity, and/or retreat undertaken by any participant, which is not included in the adventure itinerary.
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LAFC is not responsible for expenses, including but not limited to, lodging, meals, and transportation incurred for delays and/or cancellation of the trip for reasons beyond the control of LAFC, including but not limited to, fire, explosion, flood, tempest, unusually adverse weather conditions, failure or shortage of power supplies, fault or failure of plant or machinery, war, hostilities, riot, acts of terrorism, strikes, lock-outs or other industrial action (“a Force Majeure Event”).
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We will be photographing and videotaping the Adventure. LAFC reserves the right to use any such photographs/videos in its advertising, displays, publicity materials, and publications. By participating in the event, activity, or retreat you consent to LAFC using photos/videos containing your image without obtaining your further consent. You hereby release LAFC and its representatives from any liability in connection with any use of such photographs and videotapes.
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These events, activities, and/or retreats are fitness based. Accordingly, participants are strongly encouraged to fully attend the offerings provided. All participants are encouraged to approach the events, activities, and/or retreats with a spirit of openness. However, there is no obligation to participate.
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Part of the LAFC events, activities, and/or retreats involve alcohol and alcohol can be provided at the events, activities, and/or retreats as part of the services provided. Whether or not to drink alcoholic beverages is entirely a personal decision. No one is expected to drink, nor is your participation conditional upon your decision to drink alcoholic beverages. LAFC are not in a position to alter the consequences, legal or otherwise, of irresponsible alcohol consumption. You agree understand and appreciate that in all situations, your conduct when consuming alcoholic beverages is solely your responsibility.
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We don’t judge, but while on an LAFC trip, we have zero tolerance for drugs. Paramount to LAFC is to maintain a safe, healthy, and productive environment for all staff and guests, provide quality services and maintain integrity. Illegal drugs in foreign countries have serious consequences that can impact not only yourself but others on the trip.
By agreeing to LAFC Terms you hereby agree to the following:
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You are medically, physically, emotionally and in all respects fit and able to participate in these events, activities, and/or retreats. You have no medical requirement or condition except what is outlined in this agreement.
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You authorize LAFC to perform first aid on you if certified to do so, and obtain medical assistance on your behalf whenever LAFC deems it appropriate.
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You agree you will be fully and financially responsible for your own physical condition and well-being during the Adventure.
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You acknowledge that LAFC may make suggestions from time to time that is intended to help you and your well-being. However, you take ultimate responsibility for your choices.
Assumption of Risk:
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The very nature of the LAFC experience entails some level of inherent risk. On our events, activities, and/or retreats we may venture to remote locations, at times with limited communication with the outside world, where the environment is subject to natural forces that can present unexpected hazards. As a result, in the event of an emergency, immediate medical care may be unavailable or unattainable. Furthermore, in the event of physical injury or emotional distress, it may be difficult or impossible to return to a more accessible area.
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Whether we are running up the mountain in the dark to catch the sunrise, submerging ourselves in ice water jumping in the sauna, or mountain biking down the mountain, no matter how much we try to mediate risk to ourselves and our guests, there will be some level of unavoidable risk that can be life-threatening.
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You agree, understand, and appreciate the risks that are inherent in the events, activities, and/or retreats and you hereby agree that your participation is voluntary and that you knowingly assume all such risks. You further understand that I am ultimately responsible for my own safety.
Release of Liability:
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On behalf of yourself, your heirs, executors, successors, administrators and any other person who may have an interest in common law or by operation of statute, you hereby release from liability LAFC and their employees, principals, agents or representatives ("the Releasees") for any personal injury, death, property damage or loss of any nature suffered by you as a result of my participation in any activity at this events, activities, and/or retreats including those arising out of, or in any way connected to or occasioned by, the negligence of the Releasees.