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                          • Conditions of Use


                          1.   Acceptance Through Use
                          By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Conditions of Use"). If you do not agree to these Conditions of Use, do not use this site. We reserve the right, at our discretion, to update or revise these Terms and Conditions. Please check the Conditions of Use 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.

                          2.                           Definitions
                          The 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 the amount of time in minutes used 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.

                          3.    Description of Services
                          TraknReturn helps property owners recover their lost or stolen property through the use of our patented notification process. (US Patent 7523871 issued April 28, 2009).

                          By purchasing, registering or activating our products on our website, you acknowledge and warrant that:

                          • You are the legal owner of the registered item and/or pet;

                          • You are over the age of 18 in your state or territory of residence;

                          • Your contact number(s) and email address(es) are current, valid and belong to you, or, in the alternative, you have the permission to use the provided contact numbers and email address(es);

                          • You are the owner of the credit/debit card used to purchase our products or subscriptions on our website(s), or have the owner's permission to purchase items using the owner’s credit/debit card;

                          • Your contact information is up-to-date at all times.  Please note that invalid information may prohibit the return of your belongings!!

                          Tag and Return LLC is not an insurance company and does not offer any insurance coverage for any losses, costs or expenses relating to the loss or recovered items or pets. We do not guarantee that any lost item or animal will be found. Our service is not an active location system (GPS system, Bluetooth or other electronic tracking.) Our products are not meant to be attached to humans in order to try to identify or find them.

                          We collect account registration and product (PIN) activation information from property owners.  This information provides a means for finders (including law enforcement) to notify the owners of found “tagged” property.

                          What makes Trak-n-ReturnⓇ unique and valuable is the finder of a lost item is directly connected, within seconds, with the registered owner of that item at 1 of 5 registered contact numbers.  There is no intermediary service or person. The owner’s identity is protected because the finder never sees the owner’s personal information. 

                          Upon finder initializing our notification system (by calling our toll-free notification line and entering your PIN), you (owner) are contacted directly through our notification system as described above.  Additionally and simultaneously, you are sent an email that someone is trying to contact you with their Caller ID information (if available).  The information is sent to the email address associated with the activated PIN. We are not responsible for the interaction between finder and owner or any information exchanged.

                          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. 

                          TraknReturn.com is not responsible for products or services offered by other companies or our marketing partners 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 Conditions of Use 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.

                          4.  Subscription Term and Renewal

                          Subscription plans vary by duration and additional product offerings.  Paid subscription plans offer Unlimited PINs registrations under account profiles. Current products, subscription plans 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 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.

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

                          6.  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.

                          7.   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Ⓡ notification 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.

                          8.  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 Conditions of Use is prohibited. 

                          TagnReturn, TraknReturn, Tag-n-Return™, Trak-n-ReturnⓇ, Smartitag, Smartitag.com, TagnReturn.com, TagandReturn.com, TraknReturn.com, TNRPromo.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.

                          9.  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.

                          10.  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.

                          11.   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.  Neither we nor any of our consultants for our websites will be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to or use of our websites.

                          Under no circumstances shall TraknReturn, its affiliates, or its subsidiaries be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this website, TraknReturn products or any and all damages that result from or arise out of the services provided by TraknReturn to a Customer. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if TraknReturn 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‘s liability in such jurisdictions shall be limited to the extent permitted by law.

                          TraknReturn does not guarantee that any personal property or pet bearing TraknReturn's labels or tags will be returned to the Customer (owner), or that if any personal property is returned to the Customer (owner), that the personal property will be returned in the same condition it was in at the time the item was lost, misplaced or stolen.

                          Any Customer using the services of TraknReturn agrees that, in connection with any and all products provided and services performed by TraknReturn, TraknReturn shall not be liable for a failure to recover any personal property or pet of the Customer bearing TraknReturn’s labels or tags or any damage done to the Customer's personal property. TraknReturn shall not be liable for any damage whatsoever caused by the Finder or other third party. 

                          TraknReturn is not liable for any loss of property, or for the loss of any animal and/or pet. The Customer will hold TraknReturn harmless for any damages, real or perceived, incurred by the Customer as a result of owning an animal, or purchasing TraknReturn pet ID tags and purchasing the service from TraknReturn or an affiliated store/partner. Owning a TraknReturn pet ID tag and purchasing a service from TraknReturn is not a guarantee of pet and/or animal safety, return, or health.  You agree to pick up a pet and/or animal from the Finder as quickly as possible; TraknReturn is not liable for how the pet and/or animal is treated during their stay with the Finder.

                          TraknReturn is not an insurance company and does not offer any insurance coverage for any losses, costs or expenses relating to the lost or recovered items or animals or pets.

                          TraknReturn does not guarantee that any lost item, pet or animal will be found. Our service is not an active location system (GPS system, Bluetooth or other electronic tracking.) Our products are not meant to be attached to humans in order to try to identify or find them.

                          Trak-n-ReturnⓇ is a not an identity theft insurance program. We do not claim to fix or stop identity theft. We 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. 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 at 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) 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 neighborhood 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.

                          Trak-n-ReturnⓇ assumes no obligation or responsibility to provide service for customers who do not register an account and activate their PIN on the TraknReturn.com website or maintain valid contact number(s) and email addres(es). We strongly encourage all of our customers to make sure 
                          Emails sent from the @traknreturn.com domain are white listed (or labeled as safe senders) to ensure emails being sent to you from TraknReturn are not filtered into spam. 
                          Phone Number 877-332-8877 is added to your contacts so you know it is safe to answer.

                          The Customer further acknowledges that activating their TraknReturn PIN and creating their online account on the www.traknreturn.com database is the sole responsibility of the Customer (and not of TraknReturn) to ensure that information is accurate and updated. TraknReturn is not responsible for any of the information contained in the Customer's account. TraknReturn does not warrant the authenticity or accuracy of the information contained in the Customer's account. The maintenance of accurate and current information in the Customer's TraknReturn account is the sole responsibility of the Customer. The Customer will hold TraknReturn harmless for any lapse in service or access to the Customer account which results from any force outside of TraknReturn’s reasonable control or influence including, but not limited to, power outages, web site hosting interruptions, telecommunication problems, call center interruption, software problems or TraknReturn’s termination and/or dissolution.

                          Certain provinces and state laws do not allow limitations on implied warranties or the exclusion or limitations of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations of liability may not be applicable to you.

                          12.  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.

                          Whether you have found a possession or are the owner who has been notified, when choosing to communicate, meet or interact with another person (ie: owner, finder) via the information provided by TraknReturn, you do so at your own risk. Please exercise appropriate measures to protect your security, safety and confidentiality at all times. TraknReturn takes no responsibility when finders and owners are in contact with each other.

                          Important reminders for your safety before contacting the finder of your item:

                          When meeting with the finder of your lost item, TraknReturn urges adherence to the following guidelines for safety: 
                          Be mindful of sharing any personal information such as your home phone number or home address with the finder 
                          It is always best to meet at a public location such as a public library, shopping center or police department when retrieving your item. 
                          When meeting the finder, do not go alone and choose a well-lit area
                          If a minor, bring a parent or guardian
                          BE SAFE!  If something does not “feel” right, terminate the meetup and get yourself into a safer place and situation.  Trust your instincts! 
                          If you feel that a crime has been committed, do not attempt to confront them yourself, contact the authorities immediately.

                          Note: TraknReturn accepts no responsibility for actions taken or events caused by any party before, during or after any communication or contact made between you, the “Owner” of the recovered item, and its "Finder".

                          13.  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 website 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.  You are responsible for maintaining the confidentiality of your account and password and are fully responsible for all activities that occur under your account and password.  Additionally, you agree to:
                          immediately notify Tag and Return LLC. of any unauthorized use of your password or account or any other breach of security and,
                          ensure that you exit from your account at the end of each session.

                          It is understood that the technical processing and transmission of the Notification Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Notification Service and software embodied within the Notification Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Tag and Return LLC and/or content providers who provide content to the Notification Service. You may not attempt to override or circumvent any of the usage rules embedded into the Notification Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Notification Service, in whole or in part, is strictly prohibited.

                          Any client, marketing partner, organization, association, distributor or retailer who distributes, sells or markets any of TraknReturn’s products or services are not responsible or liable for TraknReturn’s recovery services, products, communications, website, or anything to do with TraknReturn. If there are any concerns or product defects customers must contact TraknReturn.

                          14.  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.

                          15.   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 Conditions of Use 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.

                          16.  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
                           
                          17.  How to Contact Us
                          Please contact us with any questions:
                          Tag and Return LLC
                          PO Box 735
                          Evergreen, CO 80437
                          p: (855) 554-3824
                          f:  (855) 554-3824
                          e: support@tagnreturn.com

                          18.  Changes to the Conditions of Use
                          TraknReturn reserves the right to update our Conditions of Use and Privacy Notice, we will post those changes here. Please refer to this page on a continual basis.

                          Revised: July 6, 2022