The Trace
service is provided subject to the following terms and conditions:
This Website
(the “Website”) which is located at Trace.com is owned and operated by MyThings
Inc (“MyThings,” “we,” “us,” or “our”).
These terms and conditions of use (“Terms of Use”) govern the terms and
conditions on which registered users (“Members”, “you” and “your”) may access
and use the Website, its content and services (the “Services”). These Terms of Use are current as of December
7, 2006.
By using the
Website, you acknowledge that you have read these Terms of Use, understand them
and agree to be bound by their terms and conditions. You also acknowledge that you have read and
understand our Privacy Policy and consent to MyThings use of your Personal Data
as described in that document (including, with respect to Members resident in
the European Union, and the transfer of your Personal Data outside the European
Economic Area). If you do not agree to
these Terms of Use or the Privacy Policy, you should not use the Search or
Report Service (as hereinafter defined) or access the Website.
MyThings
searches other publicly available Databases for information on such Items.
Together we call these Databases the “Databases”.
1. Services
1.1. MyThings operates
a Database of information relating to Items of value (“Items”). These Items may be identified as:
1.1.1. Stolen - Those Items reported as stolen to a
bona fide governmental law enforcement agency (herein “Reporting Agency”) and
either reported to Trace by the Reporting Agency or publicly reported as stolen
to Trace and then verified as accurate through the Reporting Agency.
1.1.2. Citizen
Reported Stolen -
Reported by a member of the public; however, Trace was unable to authenticate
the report with the Reporting Agency.
1.1.3. Commercial
Lost - An Item that
was unlawfully taken from the inventory of a business caused primarily by
shoplifting or employee theft.
1.1.4. Looted - Cultural property that was
illegally taken from the owner, pillaged during war or occupation, or
unlawfully exported from the country of origin.
1.1.5. Lost - An Item that is missing, usually
through the actions of the owner or another where there is no known criminal
intent of an action to deprive the owner of the Item.
1.2. .MyThings will
make its Databases available to you for searching at least 90% of the
time. Occasionally, in the event of
planned maintenance or events beyond MyThings control, access to the Databases
may temporarily be restricted. In these
circumstances, MyThings endeavors to restore the Search Service to you as soon
as possible.
2. Registration
2.1. By registering as
a user of the Trace search service (the “Search Service”) you may search
against the Databases in the categories available, based on the description,
image or a serial number of Items.
2.2. On registration,
MyThings will require you to select a username and password that will enable
you to use the Search Service. You are
responsible for the safekeeping of your username and password. You must notify us promptly if you lose your
username and password or someone else discovers them.
2.3. Your personal
details required during registration may be shared with the police anytime
Trace believes the sharing of information is appropriate for the recovery of an
Item or to aid in an investigation of a theft.
The searcher has no expectation of privacy of their data in relation to
the police, when searching Trace Databases.
3. Reporting an Item
Stolen or Lost on MyThings
3.1. Any bona fide
governmental law enforcement agency may register with Trace and enter Items
into the Database as stolen, lost, or seized.
3.2. If a member of
the public report an Item stolen on Trace, we will ask you to supply a crime or
incident reference number you received from the Reporting Agency, as well from
the appropriate local law enforcement body before you may add the Item to the
Databases as stolen. Trace at its
discretion will then:
3.2.1. Send an
electronic notice to the Reporting Agency and request validation of the
supplied fact(s).
3.2.2. If the report is
verified as stolen by the Reporting Agency it will be entered into the Database
as Stolen.
3.2.3. If the Reporting
Agency advises Trace the report is either false or inaccurate the report will
not be entered into the Database.
3.2.4. If the Reporting
Agency verifies the report, but requests the Item not be publicly available for
a legitimate law enforcement reason, the report will not be entered into the
Database.
3.2.5. If the report is
not acknowledged by the Reporting Agency within three business days, the
Item(s) reported stolen will be entered into the Database as Citizen Reported
Stolen.
3.3. Any business may
register with Trace and enter Items into the Database as Commercially
Lost. Items eligible to be entered as
commercially lost are those Items owned by the business and lost through
internal inventory shrinkage, employee theft, unexplained loss, or external
theft.
3.4. In all cases,
even if the law enforcement authorities have not been notified that an Item is
lost or stolen, they may be notified by Trace or a user of the Search Service
who comes across an Item and who suspect it of being stolen or lost.
4. Searching the
Database
4.1.1. MyThings provides
the Search Service to allow users to search its Database of stolen Items
reported as lost or stolen.
4.1.2. MyThings cannot
guarantee that the Item will form part of a Match Report or if it does, that
the search is in fact your Item and neither can MyThings identify the user who
reported the Item stolen.
5. Match Report
5.1. After a search
has been made on the Website, MyThings will generate a Match Report
identifying:
5.1.1. The unique serial
number (“USN”) of an Item in the search criteria which matches the USN of an
Item on the Databases; and/or
5.1.2. The text
contained in a description of an Item in the search criteria which matches the
text contained in a description of an Item on the Databases; and/or
5.1.3. If applicable,
the image of an Item on an electronic file which matches the image of an Item
on the Databases.
5.2. The Match Report
is automatically generated, and its accuracy will depend on the criteria you
enter. Items showing on the Match Report
will not necessarily match all of the criteria entered and the Match Report
must be reviewed by you to identify likely matches or suspect Items.
6. Reporting
Suspected Stolen Items
6.1. If an Item you
are searching appears in the MyThings search engine as an Item reported on a
third party Website, you should report the match to MyThings using the
reporting facility on the Website.
MyThings will then report it using the third party Website or, at our
discretion, we will report it to any other relevant third party. As MyThings makes no guarantee as to the
authenticity of any third party Website, you are strongly advised not to report
the match to the third party directly.
6.2. You should, in
any case, follow the guidelines issued by any trade organizations to which you
belong as a minimum standard of due diligence and good practice and any legal
requirements applicable to you.
6.3. MyThings may
operate an automatic reporting facility.
In the event a user of the Search Service receives a match report, where
the USN, Make, and Model of the Item searched is returned as identical to the
searched Item then MyThings may report that match automatically to the
authority that reported the Item stolen to MyThings without further contact or
consent of the user of the Search Service.
7. Contents of
Databases and Limits of Searching Process
7.1. The Databases
consist of information provided by users and other third parties (including
third party Websites). The information
on the Databases may therefore be incomplete, inaccurate, or out of date.
7.2. Please note that
the ability to search the Databases correctly is dependent on the accuracy of
the information contained in the Databases and the data submitted to the search
criteria. To the extent that the search criteria
does not provide sufficient data, the ability of the Databases to show matching
Items may be limited.
7.3. All property that
is stolen is not reported, much of what is reported does not contain unique
identifying numbers. A negative response
to a query in Trace does not mean the item is not stolen, and Trace makes no
warranty of clear title or ownership of an item.
8. Third Party
Websites
8.1. Some of the
MyThings search results are gathered from third party Websites. Such results will be indicated clearly on the
results page. To obtain more details on
such results you will be directed to the relevant portion of the third party
site.
8.2. MyThings is not
responsible for the availability or content of any third party Websites or
material you access through its own Website.
If you decide to visit any third party site, you do so at your own risk
and it is your responsibility to take all protective measures to guard against
viruses or other destructive elements.
8.3. MyThings does not
audit or verify any third party Websites or material. Access to a Website or material via the
Website does not imply an endorsement of, or affiliation or association with,
that Website or material and should not be interpreted as such. MyThings gives no guarantees as to the accuracy
of any information provided by the third party Website including any material
that appears on the Website that originated from the third party Website.
8.4. MYTHINGS IS NOT
RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, SERVICES, OR
INFORMATION ON OR AVAILABLE FROM THIRD PARTY WEBSITES OR MATERIAL. ALL LIABILITY FOR ANY DAMAGE, LOSS OR OFFENSE
CAUSED BY OR, IN CONNECTION WITH, ANY CONTENT, ADVERTISING, PRODUCTS, SERVICES
OR INFORMATION AVAILABLE ON SUCH WEBSITES OR MATERIAL IS HEREBY EXCLUDED AND
DISCLAIMED TO THE MAXIMUM PERMITTED BY LAW.
ANY TERMS, CONDITIONS, WARRANTIES, OR REPRESENTATIONS ASSOCIATED WITH
SUCH DEALINGS ARE SOLELY BETWEEN YOU AND THE RELEVANT PROVIDER OF THE SERVICE
OR GOODS.
8.5. All rights in any
logos, trademarks, images or wording from a third party Website which appear on
the Website remain the property of that third party Website and are only used
to assist owners in identifying their lost or stolen property. MyThings makes no claims to ownership of such
rights.
9. Disclaimers and
Limits of Liability
9.1. MyThings provides
a service that enables you to search the Databases against criteria entered by
you. The Website contains information
provided by registered users and other third parties that MyThings does not
verify. Therefore, MyThings is unable to
warrant that Items on the Database are in fact lost or stolen or subject to
third party claims.
9.2. You should not
rely on the information in the Databases as proof of an Item’s ownership nor
should you ever take police action based on the information obtained through
our Website.
9.3. If you are
considering buying, lending money with goods as surety or acting on the sale of
any Items, use of the Search Service is only a tool to aid your decision to
accept Items as not being lost or stolen or subject to third party claims. You must take your own steps to verify the
status of a matching Item. You acknowledge that you are not relying on the
Search Service to make any decision, to engage in any transaction, or to
refrain from making any decision or engaging in any transaction. You further acknowledge that you have an
independent duty to investigate, which goes beyond the use of the Search
Service in connection with any transaction in which you are considering.
9.4. MyThings and/or
its Search Service are not endorsed by any third party unless expressly stated.
9.5. MYTHINGS EXCLUDES
LIABILITY AND RESPONSIBILITY FOR ANY CONSEQUENTIAL OR INDIRECT LOSS (INCLUDING
BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR LOSS OF
EXPECTATION OR BARGAIN) THAT MIGHT RESULT TO YOU OR A THIRD PARTY (WHETHER FOR
CONVERSION OR OTHERWISE) AND WHICH ARISES FROM THE USE OF THE WEBSITE OR THE
SEARCH SERVICE, FALSE INFORMATION PROVIDED TO THE DATABASE, OR THIRD PARTY AND
OPERATIONAL ERRORS EXCEPT WHERE SUCH LOSS IS PROXIMATELY CAUSED BY MYTHINGS’
GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR BAD FAITH BREACH OF THESE TERMS OF USE.
9.6. MYTHINGS EXCLUDES
LIABILITY AND RESPONSIBILITY FOR ANY LOSS OF WHATEVER NATURE INCURRED BY YOU
RELATING TO ANY ARRANGEMENT OR CONTRACT ENTERED INTO OR CONTEMPLATED BY YOU [OR
REFUSED BY YOU] WITH A THIRD PARTY BECAUSE OF YOUR USE OF THE SEARCH SERVICE.
9.7. MYTHINGS
LIABILITY FOR ITS OWN LOSS, GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR BAD FAITH
BREACH OF THESE TERMS OF USE SHALL NOT EXCEED TWICE THE AMOUNT OF ANY FEE PAID
BY YOU TO MYTHINGS IN THE 12 MONTHS PRIOR TO THE ACCRUAL OF ANY CLAIM OR ONE
HUNDRED UNITED STATES DOLLARS ($100 U.S.) WHICHEVER IS THE LOWER
FIGURE.
10. Your Warranty -
By submitting any Items to the Database you warrant that to the best of your
knowledge:
10.1.
The Item has the status indicated; and
10.2.
The Item description is accurate.
11. Indemnity - You
agree to indemnify and keep indemnified MyThings, its licensors and suppliers,
all of their affiliates, and all of their respective officers, directors,
employees, shareholders, legal representatives, agents, successors and assigns,
from and against any damages, liabilities, costs and expenses (including
reasonable attorneys’ and professionals’ fees and court costs) arising out of
any third party claims arising out of or related to your use of the Website,
the Services or any breach by you of these Terms of Use.
12. Dispute
Resolution Procedure
12.1.1.Except in the
case of a party seeking injunctive or other equitable relief in connection with
the enforcement of these Terms of Use, any dispute between you and MyThings or
you and another Member arising out of or relating to these Terms of Use,
including any disputes relating to the content or use of the Website, shall be
finally and conclusively resolved by confidential binding arbitration under the
rules then prevailing 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, no arbitration under these Terms of Use shall be joined to an arbitration
involving any other party subject to these Terms of Use, whether through class
arbitration proceedings or otherwise.
Any hearings held in connection with such binding arbitration shall be held
at an American Arbitration Association office in the State of California
in the United States or in
the United Kingdom,
at the election of the Member invoking binding arbitration.
13. Notices
13.1.
Any notice given under this agreement shall be sent to
you by email at the email address you have provided to MyThings.
13.2.
Notice given under this agreement shall be validly served
if sent by post if you have notified MyThings that you would prefer to be
contacted that way.
13.3.
Notices to MyThings should be sent to info@trace.com or
mail us at: MyThings, Inc.,855 Oak Grove Avenue, Suite 105, Menlo Park, CA 94025
14. MyThings will
endeavor to respond to you within 7 working days of receiving your enquiry.
15. Governing Law
& Jurisdiction
15.1.1.These Terms of
Use, including (without limitation) any disputes relating to the content on the
Website or the use of the Website, whether sounding in contract, tort, statute
or otherwise, are governed by the laws of the State of California in the United
States of America, without reference to its conflicts of laws principles. In the event that you or MyThings wishes to
seek injunctive or other equitable relief in connection with the enforcement of
these Terms of Use, the parties agree to submit to the personal and exclusive
jurisdiction of the federal or state courts in or for San
Francisco, California in the United States of America.