Introduction
Welcome to Not Finding Out!! By utilizing Not Finding Out’s services, you will need to agree to the following Not Finding Out, LLC terms and conditions (“User Agreement”).
Effective Date
This Agreement is effective immediately upon acceptance of use.
Scope
Before you may become a member of Not Finding Out, you should read but must accept ALL of the terms in and linked to this User Agreement as well as the Not Finding Out Privacy Policy and any additional Not Finding Out policies. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use the Not Finding Out sites and services, or when you use the tools made available to interact with Not Finding Out sites and services.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN DO NOT ACCESS OR USE THE WEBSITE. BY VIEWING OR USING ALL OR ANY PART OF THE WEBSITE, DOWNLOADING ANY MATERIALS OR BY COMPLETING THE SUBSCRIPTION AND INFORMATION REQUEST REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.
Information and Subscriptions
At your election, you may request additional information about Not Finding Out or subscribe to various information services concerning Not Finding Out’s products, services and business. When you do so, the registration process requires you to provide your name, email address and certain additional information about your preferences, such as, for example, your preferred contact method and product markets of interest to you. You may initiate your account at www.notfindingout.com
Using Not Finding Out
When using Not Finding Out’s sites and services, you AGREE that you will NOT:
- use the site or services for any purpose that is unlawful or prohibited by the User Agreement, or any other purpose not reasonably intended by Not Finding Out;
- violate any laws, third party rights or our policies but rather you will abide by all applicable policies, local, state, national and international laws and regulations;
- post content or items in an inappropriate category or in improper areas on the site;
- use the site or services if you are not able to form legally binding contracts, are under the age of 18, or are suspended from using our sites, services, or tools;
- fail to deliver payment for items purchased by you, unless the Seller fails to meet the posted terms, or you cannot authenticate the Seller's identity;
- fail to deliver items purchased from you, unless the Buyer fails to meet the posted terms, or you cannot authenticate the Buyer's identity;
- manipulate the price of any item or interfere with other users' listings;
- circumvent or manipulate the fee structure, the billing process, or fees owed to Not Finding Out;
- post private, false, inaccurate, misleading, defamatory, or libelous content;
- take any action that may undermine the purposes of Not Finding Out;
- transfer any part or all of your Not Finding Out account and/or user ID to another party without Not Finding Out’s consent;
- distribute or post spam, unsolicited, or bulk electronic communications of any kind;
- distribute viruses or any other technologies that may harm Not Finding Out or its users; and
- export or re-export any Not Finding Out tools except in compliance with the export control laws of any relevant jurisdictions.
Proprietary Rights
You agree that all content and materials made available by Not Finding Out at the Website are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Not Finding Out in writing, 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. However, you may print or download a reasonable number of copies of the materials or content at this Website for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from this Website to create or compile, directly or indirectly, a collection, database or directory without written permission from Not Finding Out is prohibited.
Reproducing, copying or distributing any content, materials or design elements on the Website for any other purpose is strictly prohibited without the express prior written permission of Not Finding Out. Use of the content or materials for any purpose not expressly permitted in this User Agreement is prohibited. Any rights not expressly granted herein are reserved.
Limited Liability and Indemnification
You will indemnify and hold us (and any officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Product Variations and Changes
Please note that while we do our best to ensure that all items on our website are available for delivery to the recipient in a timely manner (whether upon ordering a non-NFO gift or upon the birth of a baby for which an NFO item was purchased), occasionally our vendors change their patterns and variants and specific patterns or variants may no longer be available. In such event, Not Finding Out will replace the unavailable item with the new replacement option offered by the vendor in lieu of the originally ordered item. Not Finding Out will notify the purchaser via email of the change. If the purchaser does not wish to have the replacement option, they can respond to Not Finding Out via email for a refund of the product value. Your acceptance of these Terms and Conditions is an acknowledgement that product patterns and variants change and an acceptance of the above-stated Not Finding Out policy for such changes.
No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
Release
If you are involved in a dispute with one or more users, you release Not Finding Out (including but not limited to our officers, directors, agents, subsidiaries, joint ventures, and employees) from any claims, any demands, and any type of damages whether known or unknown, arising out of or in any way connected with such disputes. Where applicable, you also waive claims that do not extend to claims which a creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
Privacy
Not Finding Out will use your information only as described in the Not Finding Out Privacy Policy as we view protection of users' privacy as a very important marketplace principle. Information stored and processed on Not Finding Out computers located in the United States are protected by physical and technological security devices. By signing into your account, you are able to access and modify the information provided to Not Finding Out as well as choose not to receive certain communications by signing in to your account. If you object to your information being transferred or used in this way please do not use our services.
Notices
Except as explicitly stated otherwise, legal notices shall be served on Not Finding Out’s national registered agent (in the case of Not Finding Out) or to the email address you provide to Not Finding Out during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Venue
This Agreement shall be governed in all respects by the laws of the State of Texas as they apply to agreements entered into and to be performed entirely within Texas between Texas residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Not Finding Out must be resolved exclusively by a state or federal court located in Dallas County, Texas, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Dallas County, Texas for the purpose of litigating all such claims or disputes.
Dispute Resolution
If you and Not Finding Out are involved in a dispute, Not Finding Out’s goal is to provide you with a neutral and economic means of promptly resolving such dispute. You and Not Finding Out agree to work with one another in an effort to reach a resolution. Notice of any such dispute, or the potential thereof should, be sent to scoop@notfindingout.com.
Third Party Websites
This Website may contain links to other sites that are neither owned nor operated by Not Finding Out, although some such sites may have an affiliation with Not Finding Out (collectively, Third Party Websites). Such links are provided for your convenience only. Not Finding Out makes no representations whatsoever about any Third Party Websites which you may access through this Website, as Not Finding Out has no control over the content appearing on such Third Party Websites. Moreover, a link to a Third Party Website does not imply and does not constitute sponsorship, endorsement, approval, or responsibility for the content on, or the use of, such Third Party Website. No rights to use or copy the information on this Website or the Third Party Website is granted or implied. Please Note: The Terms of Use and Privacy Policies applicable to Third-party Websites may differ significantly from those of Not Finding Out. You are encouraged to review the applicable privacy policies of such Third Party Websites.
No Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE (THE CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE WEBSITE AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.
Additional Policies
Additional policies are available on the Not Finding Out policy page. By accepting this agreement, you agree to adhere to ALL Not Finding Out policies. Each Not Finding Out policy may be changed from time to time. Changes take effect when posted on the Not Finding Out site. When using certain services on Not Finding Out sites, you are subject to any posted policies or rules (which may be posted from time to time) applicable to services you use through the sites and all such policies are hereby incorporated into this Agreement.
Principal Place of Business
Not Finding Out, LLC is located at 5211 Forest Lane, Suite 118, Dallas, TX 75244.
Agreement Severable
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed and ALL remaining provisions shall be enforced. At any time, Not Finding Out assign this Agreement.
Captions
All captions and headings are for reference purposes only and do not limit the scope or extent of such section. Failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Not Finding Out does not guarantee to take action against all breaches of this Agreement.
Amendments of User Agreements and Policies
Not Finding Out may amend this Agreement at any time and any said amended terms will be posted on the Not Finding Out site. Except as otherwise stated elsewhere, all amended terms shall automatically be effective thirty (30) days after they are initially posted. Additionally, we will notify the Member’s Not Finding Out email address. This Agreement may not be otherwise amended unless such amendment is in a writing hand signed by you and Not Finding Out. For purposes of this provision, a “writing” does NOT include an email message and a signature does NOT include an electronic signature.
No Oral Agreements
This Agreement sets forth the entire understanding and agreement between you and Not Finding Out with respect to the subject matter hereof. Any additional Not Finding Out terms and policies survive any termination of this Agreement.
Consumer Complaints
You may report complaints to the Texas Office of the Attorney General, Consumer Protection Division, PO Box 12548, Austin, TX 78711-2548; online at https://www.oag.state.tx.us/forms/cpd/form.php; or by telephone at (800) 621-0508.
THANK YOU FOR YOUR ORDER!
**Please note that this Order Acknowledgment means that your order request was RECEIVED; it does NOT mean your order has shipped. Your order will be processed within the next 24 hours (business days). Despite our best efforts during the Not Finding Out test market, items may not be immediately available for shipment, thus, please allow 2 to 4 weeks for delivery. Please note that if you ordered several items to be delivered to the same address, we might send them in separate boxes to give you the fastest service.**
Summary of our Privacy Policy
This policy tells you about how we use and protect your personal information.
Not Finding Out, LLC considers the privacy and security of user information an integral component of the services offered at our website, notfindingout.com (Site). The following information explains how Not Finding Out collects and uses information obtained from users in connection with services available at the Site (taken together, the Service).
This Privacy Policy describes how we handle your personal information for our services on the Not Finding Out websites. It applies generally to notfindingout.com website and content. This policy does not apply to the practices of companies that Not Finding Out does not own or control, or to individuals that Not Finding Out does not employ or manage.
By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy is effective upon acceptance.
In order to provide you with a friendly, customized, and efficient experience, we collect personal information of several types from our customers. Please note that our site is not intended for use by persons under the age of 18, and we do not knowingly collect personal information from people under the age of 18.
You can browse our sites without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in the United States.
We may collect and store the following personal information:
- email address, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers;
- transactional information based on your activities on the sites (such as content you generate or that relates to your account);
- shipping, billing and other information you provide to purchase or ship an item;
- community discussions, chats, correspondence through our sites, and correspondence sent to us;
- other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
- additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you list);
- Not Finding Out uses the information you provide to us in order to improve the quality of the site and services, in certain instances, provide you with customized content according to your preferences, fulfill your requests for Not Finding Out’s products or services, and send you information about Not Finding Out and its products and services; and
- information from other companies, such as demographic and navigation data.
Opt-Out
At your election you may choose to stop receiving future electronic communications from Not Finding Out by:
- Clicking on the “unsubscribe” link and follow the instructions on how to unsubscribe included in each edition of our Not Finding Out emails;
- changing your preferences on your account information at www.notfindingout.com; or
- emailing Not Finding Out Customer Service at customerservice@notfindingout.com.
Please note that any requests to remove or change your information or preferences may take up to ten business days to take effect.
Marketing
We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising. We will not share your personal information with other individuals or non-affiliated companies except in the following circumstances:
Consent: Not Finding Out may disclose or share information with our Not Finding Out affiliates when you have provided consent to do so.
Protection of Not Finding Out and Others: Not Finding Out may disclose personally identifiable data if it is required to do so by law or if the Not Finding Out has a good faith belief that such action is necessary to conform to applicable laws or comply with any legal, regulatory or similar requirement or investigation, to protect or defend the rights or property of Not Finding Out or another user or to enforce the Terms of Use.
Business Transfers: Not Finding Out may transfer personally identifiable information to any successor to all or substantially all of its business or assets that concern the business.
Aggregation: Not Finding Out may share aggregated usage and demographic information collected via our site and services. However, no personally identifiable information will be included in these aggregations.
Agents: We may employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service.
Security
Our Site incorporates physical, electronic, and administrative procedures to safeguard the confidentiality of your personal information. Information collected by Not Finding Out is stored in secure operating environments that are not made generally available to the public. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, Not Finding Out cannot ensure the security of any information you provide, and you do so at your own risk. Once Not Finding Out receives your transmission, we will make reasonable efforts and comply with industry practices to ensure its security on its systems.
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:
- provide the services and customer support you request;
- troubleshoot problems;
- prevent potentially prohibited or illegal activities, and enforce our User Agreement;
- customize, measure and improve our services, content and advertising;
- tell you about our services and those of our corporate family, targeted marketing, service updates, and promotional offers based on your communication preferences; and
- compare information for accuracy, and verify it with third parties.
Our Disclosure of Your Information
We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
We may also share your personal information with:
- Members of the Not Finding Out, LLC corporate family;
- Service providers under contract who help with our business operations (such as fraud investigations, and bill collection);
- Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service);
- Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, state, zip code, telephone number, email address, Online ID history, IP address, fraud complaints, and order history;
- Other business entities, should we plan to merge with or be acquired by that business entity; and
- If your personal information will be used contrary to this policy, you will receive prior notice.
Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.
Information You Share on Not Finding Out
Your Online ID is displayed throughout Not Finding Out (and so available to the public), and is connected to all of your Not Finding Out activity.
Using Information from Not Finding Out
Not Finding Out cannot 100% guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies before entering into a transaction and choosing to share your information.
We use "cookies" (small files placed on your hard drive) on certain of our pages to help analyze our web page flow; customize our services, content and advertising; measure promotional effectiveness, and promote trust and safety.
Cookies and Other Technology. Like many sites, our Site employs cookies and web beacons to speed your navigation of the Site, recognize you and your access privileges, and track your Site usage.
(a) Cookies are pieces of information that a website transfers to your computer's hard disk to enable saving of your Site preferences, and other record-keeping purposes. Cookies in and of themselves do not personally identify users, although they do identify a user's computer. We do not combine personal information you provide to us with information collected through cookies. Most web browsers can be set to refuse cookies, although this may cause certain features of our Site or Service to cease functioning properly. The “help” portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. Please note, however, that if do not cookies, you will not be able to take advantage of some of our attractive features.
(b) Web beacons assist in delivering cookies and help us determine whether a web page on this Site has been viewed and, if so, how many times. For example, any electronic image on this Site, such as an ad banner, can function as a web beacon.
(c) We may use certain third-party companies to help us tailor site content to users. These companies may employ cookies and web beacons to help us deliver an optimized user experience on the Site. Any information that these third parties collect via cookies and web beacons is not linked to any personal information collected by us. These companies are usually prohibited by contract from using this information for their own marketing purposes or from sharing this information with anyone other than Not Finding Out. For example, when you submit a “product review” to the Site, your information will be received and managed by an independent contractor that organizes the reviews and manages that element of our Site. Before you submit a review, you should review the “Terms of Use” and “Standards for Reviews” that are linked on our Site so that you can understand the terms and conditions for acceptance and use of your information.
(d) Log Files. When you visit the Site, web servers collect information "traffic data" (such as, for example, time and date, the address of the website from which you entered the Site) about your visit, which is stored as anonymous, aggregate data. Collecting such data may entail the use of IP addresses or other numeric codes used to identify a computer.Not Finding Out uses "traffic data" to help diagnose problems with its server, analyze trends and administer the Site. Your IP address is not linked to personally identifiable information, but is used to gather broad demographic data and to monitor statistics to improve the Service. Not Finding Out may also use your IP address to help diagnose problems with its server. IP addresses are also used to provide an audit trail in the case of any attempted illegal or unauthorized use of the Site.
Spam, Spyware or Spoofing
Spam is not tolerated. Please make sure you set your email filters so that you can receive email communication from Not Finding Out. You are not licensed to add other Not Finding Out users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their express consent. To report Not Finding Out-related spam or spoof emails to Not Finding Out, please forward the email to customerservice@notfindingout.com.You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement.
Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose you’re Not Finding Out password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Not Finding Out and change your password.
Accessing, Reviewing and Changing Your Personal Information
You can see, review and change most of your personal information by signing on to Not Finding Out (under my notfindingout.com). Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Not Finding Out User Agreement, and take other actions otherwise permitted by law.
Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to on our sites or other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. Not Finding Out does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. You are encouraged to ask questions before you disclose your personal information to others.
We may amend this Privacy Policy at any time by posting the amended terms on this site. All amended terms automatically take effect 30 days after they are initially posted on the site. You will also be notified via the email provided in your account set-up with such changes and/or amendments. If your questions are not answered online, you may write to us at customerservice@notfindingout.com.
