Acceptance Through Use

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms and Conditions”). If you do not agree to these Terms and Conditions please do not use this site. We reserve the right, at our discretion, to update or revise these Terms and Conditions. Please check the Terms and Conditions periodically for changes. Your continued use of this site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.

Definitions

TThe terms ‘Tag and Return, LLC’, ‘TraknReturn.com’, ‘Smartitag.com’, ‘us’, or ‘we’ refer to the owner of this website. The term ‘Calling Time’ refers to amount of minutes for use as call time for the return of lost belongings under a particular PIN code. The term ‘Trak-n-Return™ System’ refers to the Tag and Return, LLC phone, web and data solutions as a whole including the lost and found process. The terms ‘Tag-n-Return™’, ‘Smartitag’, and ‘Trak-n-Return™’ refer to product lines by Tag and Return, LLC. The term ‘account profile’ refers to a customer or registrant in the Tag and Return, LLC database or Trak-n-Return™ database with information including name, address, email and phone and/or including any Personal Identification Numbers (PINs or Codes) activated under the customer account profile.

Description of Services

TraknReturn.com helps property owners recover their lost or stolen property through the use of our patented notification process.

Our Patent: US Patent 7523871 issued April 28, 2009.

Summary: The present invention provides a versatile tag and sticker that are visible, identification theft proof, and which also contain a calling card capability and, optionally, a smart chip that can contain personal information. The present invention has a tag or sticker you attach to belongings. The back of the tag or front of the sticker, has a telephone number, which is preferably but not necessarily an 800 number, and unique PIN/Code imprinted on each and, as an option, selection #1 home, #2 work, #3 cell, #4 family, #5 other. After a user purchases the tag, the user registers the pin/code on the tag, up to 5 contact phone numbers, and a security password. When an individual finds valuables or pets with a tag or sticker attached, they call the phone number on the tag, enter the PIN/Code. At that time the system verifies the validity of the PIN and automatically calls all of the preselected numbers which the purchaser provided. They are then placed directly in contact with the owner of the lost belonging. No personal phone number, name, address or other personal information is revealed to the finder. The tags come with preselected minutes of calling time. A smart chip optionally resides on a tag for medical or emergency information.

TraknReturn.com collects product registration information from property owners and, if the property is lost or stolen, it provides a means for law enforcement and other finders to notify the owners, and in some cases track the lost or stolen property.

What makes Trak-n-Return™ unique and valuable is the finder of a lost item is directly connected, in about a minute, with the Owner of that item at 1 of 5 registered contact numbers. There is no intermediary service or person and we protect the owner’s identity because we block the owner’s contact information from the finder for complete security.

Active account profiles, subject to the Subscription Term section of this Agreement,are offered unlimited updates of their account profile information and registered phone numbers via the website.

TTraknReturn.com is not responsible for products or services offered by other companies and makes no representations concerning the products or services offered by companies referenced in its promotional materials or website. TraknReturn.com reserves the right to change or modify the Terms and Conditions at any time and without notice. TraknReturn.com may find it necessary to alter the program at any time without notice, and it reserves the right to cancel this Agreement or end the service with 30 days notice. Please visit this website from time to time for periodic changes to terms of service.

Subscription Term and Renewal

TraknReturn.com registration terms are one year annual subscriptions (first year included in the price of the products.) Unlimited PINs may be registered under account profiles. Current products and pricing are listed at TraknReturn.com. The pricing structure is subject to change without notice. A registration may be terminated on the expiration of the subscription term if the registrant fails to pay the renewal fee when it is due, or if the registrant violates any of the other Terms and Conditions listed in this Agreement.

Each annual subscription of a Trak-n-Return™ PIN includes 30 minutes of lost and found calling time. If calling time expires before the subscription expiration date, a renewal will need to paid to continue to the Trak-n-Return™ service.

Customers/Registrants are notified by email prior to the expiration of their subscription. Customers may renew manually or they may opt for automatic annual renewals at which point the customer’s credit card is charged at the then applicable subscription rate. Customers may discontinue their subscription through that e-mail or at any time by contacting Tag and Return LLC. Renewal fees are not refundable.

Termination

TraknReturn.com reserves the right to terminate a registration at any time, with or without notice.

Third Party Sites

This site may be linked to or included with other sites on the Internet. These other sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of TraknReturn.com, and you acknowledge that TraknReturn.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The linkage to or inclusion with such other sites does not imply endorsement by TraknReturn.com or any association with the operators of the other sites.

Code of Conduct

While using this site or site-related services, you agree not to:

• Restrict or inhibit any other user from using and enjoying the site and services;
• Transmit any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind;
• Transmit any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component; or
• Transmit materials in violation of another party’s copyright or other intellectual property rights.

You acknowledge and agree that TraknReturn.com has the right to monitor the site and site-related services and to disclose any information necessary to operate the site properly, to protect itself and its sponsors and customers and to comply with legal obligations or governmental requests. TraknReturn.com also reserves the right to prohibit any user who, in TraknReturn.com’s sole discretion, violates the Code of Conduct or other terms of this Agreement from using the site and related services. Such prohibition may occur with or without notice to the user.

At no time may anyone or business misuse the Trak-n-Return™ patented technology. Customers or businesses may not reproduce the Trak-n-Return™ contact system utilizing a unique PIN to contact the owner of a lost belonging through a tag and label system. Customers may not print their own tags or labels, transfer toll free phone numbers and PINS to non-approved tags or labels including alternative professional printing/printers, engraving, embroidering, home printing, or resembling the Trak-n-Return™ tags or labels and service without the expressed written consent of Trak-n-Return™ by Tag and Return, LLC. Violating the Terms of Service or misrepresenting the Trak-n-Return™ brand may bring civil and criminal penalties to participating parties.

Proprietary Rights

You acknowledge and agree that all content and materials available on this site, including without limitation all text, graphics, logos, button icons, images, audio clips, and software, are protected by U.S. and international copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of TraknReturn.com, and is also protected by U.S. and international copyright laws. Except as expressly authorized by TraknReturn.com, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from TraknReturn.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Conditions is prohibited.

TagnReturn, Tag-n-Return™, Trak-n-Return™, Smartitag, Smartitag.com, TagnReturn.com, TagandReturn.com, TraknReturn.com, and accompanying graphics, logos, and artwork, are trademarks of Tag and Return LLC, or of its subsidiaries or affiliates, in the United States and in other countries. These trademarks may not be used in connection with any product or service that is not associated with TraknReturn.com, nor in any manner that may cause confusion among users and customers, nor in any manner that disparages or discredits TraknReturn.com.

Grant of Limited License

By posting or submitting content to this site, you grant TraknReturn.com and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and you warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by TraknReturn.com will not infringe or violate the rights of any third party.

Risk of Loss

The risk of loss for any items or title thereto listed or described on the site remains at all times with you.

Disclaimer of Warranties

All materials, information, software, products, and services included in or available through this site (the “content”) are provided “as is” and “as available” for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement. TraknReturn.com, its subsidiaries, its affiliates, and its licensors and licensees do not warrant that the content is accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this site is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

Trak-n-Return™ is a not an identity theft insurance program. We do not claim to fix or stop identity theft; only provide a means to keep your information private compared to traditional identification and luggage tags. Trak-n-Return™ does not insure customers against identity theft nor claim any responsibility for customers of Tag and Return, LLC if they become a victim of identity theft.

Trak-n-Return™ is not a calling card or phone card. Trak-n-Return™ is a lost and found recovery service that keeps personal information private from prying eyes. Trak-n-Return™ does use calling time to initiate the contact process of a lost belonging. Calling time associated with Trak-n-Return™ products could incur extra calling time if used from a payphone or international phone. If calling time on tag expires you could be in risk not getting your lost belongings returned to you.

Notification of calling time – If calling time under your activated PIN of the Trak-n-Return™ product gets low you will be notified by email. If the Trak-n-Return™ System expires during time of use you will be notified by a voice interruption. Service will need to be renewed once time is expired. Customers using more than the allotted time on their activated Trak-n-Return™ tag or label could incur additional charges for calling time.

Trak-n-Return™ by Tag and Return, LLC provides a product and service that assists individuals or businesses that find a Trak-n-Return™ identified lost belonging(s) or pet(s) with a patented process for notifying its owner without revealing the owner’s personal information. Trak-n-Return™ accepts no responsibility if the owner or finder of a lost belonging reveal their personal information in the use of the Trak-n-Return™ system. Trak-n-Return™ by Tag and Return, LLC does not claim, warrant or guarantee that lost items will be located or returned. We provide a product and service to help recovery of lost belongings through a secure contact system. Trak-n-Return™ has no control over events taking place in your state, city or neighbourhood and accepts no liability for any injury, damage, claim, personal information revealed or events related to any items lost when using the Trak-n-Return™ System.

Limitation of Liability

Under no circumstances shall TraknReturn.com, its subsidiaries, affiliates, or its licensors or licensees be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if TraknReturn.com has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, TraknReturn.com ‘s liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnification

Upon a request by TraknReturn.com, you agree to defend, indemnify, and hold harmless TraknReturn.com and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise directly or indirectly from (a) any breach by you of this Agreement, (b) any violation by you of the Code of Conduct and/or (c) any of your activities in connection with the site or site-related services. TraknReturn.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with TraknReturn.com in asserting any available defenses.

International Use

Although the site is accessible worldwide, not all products or services discussed or referenced in the site are available to all persons or in all geographic locations or jurisdictions. TraknReturn.com makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal or prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. TraknReturn.com reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made in the site is void where prohibited.

In accordance with the European Union Data Protection Directive and other similar regulations, you give your express permission for TraknReturn.com to do the following:

• transfer your personal data across national boundaries,
• store this data in one or more countries,
• provide this data to law enforcement agencies, manufacturers, insurance companies, credit card processors, etc. as needed to provide the services for which the data was collected.

You also agree to update the data to ensure that the data stored is accurate.

Choice of Law and Forum

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this site shall be filed only in the state or federal courts located in the County of Jefferson, State of Colorado, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability and Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and TraknReturn.com with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic). If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

How to Contact Us

Please contact us with any questions:

• Tag and Return LLC
• PO Box 735
• Evergreen, CO 80437
• p: (855) 55-IDTAG (855-554-3824)
• f: (855) 554-3824
• e: support@tagnreturn.com