Terms & Conditions
Agreement between User and www.resqjewelry.com
Welcome to www.resqjewelry.com. The www.resqjewelry.com operation is comprised of
various web pages and mobile applications (“Sites”) owned and operated by FindMeNow LLC
d/b/a ResQ (“FindMeNow” or "ResQ"). www.resqjewelry.com is offered to you conditioned on
your acceptance without modification of the terms, conditions, and notices contained herein (the"Terms"). Your use of www.resqjewelry.com or any of its Sites constitutes your agreement to all
such Terms and our Privacy Policy available at www.resqjewelry.com. Please read these terms
carefully and keep a copy of them for your reference.
The FindMeNow products and services, marketed as ResQ through its Sites, including
www.resqjewelry.com, provide a way for registered individuals to communicate their location
discreetly if they feel they are in some sort of personal danger, to their designated contacts
(“Contacts”) which may include a local emergency service such as 911 (“Services”). The
Services may include the use of Sites and in addition a separate hardware product in the form of
a wearable device (“Product” or “Products”). By using ResQ Services, you represent that you
have the necessary permissions from Contacts to use them as part of Services.
You may not copy or distribute Products or Sites. You may not reverse engineer or attempt to
modify, other than to change the battery, Products or Sites. You agree to use the Products and
Services in accordance with any documentation provided on Sites or with the Products. You are
solely responsible for ensuring your use of the Products and Sites is in compliance with all
applicable foreign, federal, state and local laws, and rules and regulations.
No Monitoring Service
ResQ Services do NOT any include active monitoring service. No emergency service, e.g.
police, paramedics, will be automatically dispatched for your assistance. If you use 911 or
any such emergency services number as one of your Contacts, you do so at your risk and
knowledge of local rules and regulations regarding text received by 911 or any such emergency
services. If you feel you are in extreme danger, ResQ Products and Services are not a substitute
for dialing 911 or any such emergency services.
Electronic Communications
Visiting www.resqjewelry.com or sending emails to ResQ constitutes electronic
communications. You consent to receive electronic communications, whether by email, phone,
text messages, social media or otherwise, and you agree that all agreements, notices, disclosures
and other communications that we provide to you electronically, via email and on the Site,
satisfy any legal requirement that such communications be in writing. You can read additional
details on our privacy policy regarding electronic communications at www.resqjewelry.com.
Your Account
If you use this site, you are responsible for maintaining the accuracy and confidentiality of your
account information and password and for restricting access to your computer, phones and other
devices with which you access Sites. You agree to accept responsibility for all activities that
occur under your account or password. It is your responsibility to periodically update your
account if your contact and other information changes and to ensure that your inclusion of
individuals in your Contacts specifically, and your of ResQ Products and Services generally, do
not infringe or violate the privacy of anyone. You may not assign or otherwise transfer your
account to any other person or entity. You acknowledge that ResQ is not responsible for third
party access to your account that results from theft or misappropriation of your account. ResQ
and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or
edit content in our sole discretion.
Eligibility
ResQ does not knowingly collect, either online or offline, personal information from persons
under the age of thirteen. If you are under 18, you may use www.resqjewelry.com only with
permission of a parent or guardian. By using our Products and Services you represent that you
are over the age of eighteen (18) years, or are the parent or guardian of a user under the age of
eighteen (18) years.
Payment
ResQ Products and Services require you to pay certain fees, before pay which, you will have an
opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars
and are non-refundable. ResQ will charge the payment method you specify at the time of
purchase. You authorize ResQ to charge fees as described in these Terms, for the Products and
Services you select, to that payment method. If you pay any fees with a credit card, ResQ may
seek pre-authorization of your credit card account prior to your purchase to verify that the credit
card is valid and has the necessary funds or credit available to cover your purchase.
ResQ reserves the right to change the fees for its Products and Services and will communicate
any changes in fees to you in advance. You have the right to cancel any Services if you do not
accept the change in fees. Any subscriptions as part of Services will be automatically renewed
unless you cancel your subscriptions by going to www.resqjewelry.com. If the service is
automatically renewed after a price change, it will mean you accept the price change.
You represent and warrant that if you are making online payments that any credit card, debit card
and bank account information you supply is correct and complete, and you are the person in
whose name the card was issued. You further represent and warrant that you are authorized to
make the purchase and that you will pay all the fees incurred by you including applicable taxes
and shipping charges.
Cancellation/Refund Policy
You have 30 days after receiving your item to request a return. To be eligible for a return, your
item must be in the same condition that you received it, unworn or unused, with tags, and in its
original packaging. You will also need the receipt or proof of purchase.
Links to Third Party Sites/Third Party Services
www.resqjewelry.com may contain links to other websites ("Linked Sites"). The Linked Sites
are not under the control of ResQ and ResQ is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any changes or updates
to a Linked Site. ResQ is providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by ResQ of the site or any association with its operators.
Certain or the Products and Services are delivered by third party sites and organizations. By
using any product, service or functionality originating from any of the Sites, you hereby
acknowledge and consent that ResQ may share such information and data with any third party
with whom ResQ has a contractual relationship to provide the requested product, service or
functionality on behalf of www.resqjewelry.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use ResQ
Products and Services strictly in accordance with these terms of use. As a condition of your use
of ResQ Products and Services, you warrant to ResQ that you will not use the Sites, Products and
Services for any purpose that is unlawful or prohibited by these Terms. You may not use the
Sites, Products and Services in any manner which could damage, disable, overburden, or impair
the Sites or interfere with any other party's use and enjoyment of the Sites. You may not obtain
or attempt to obtain any materials or information through any means not intentionally made
available or provided for through the Sites.
All content included as part of the Products and Services, such as text, graphics, logos, images,
as well as the compilation thereof, and any software used on the Site, is the property of ResQ or
its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes
thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, Products or Sites.
ResQ content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of ResQ and the copyright owner. You agree that you do not acquire any ownership
rights in any protected content. We do not grant you any licenses, express or implied, to the
intellectual property of ResQ or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Sites may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively,
"Communication Services"). You agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the particular Communication
Service.
By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information; upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you own or control the
rights thereto or have received all necessary consents; upload files that contain viruses, corrupted
files, or any other similar software or programs that may damage the operation of another's
computer; advertise or offer to sell or buy any goods or services for any business purpose, unless
such Communication Service specifically allows such messages; conduct or forward surveys,
contests, pyramid schemes or chain letters; download any file posted by another user of a
Communication Service that you know, or reasonably should know, cannot be legally distributed
in such manner; falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other material contained
in a file that is uploaded; restrict or inhibit any other user from using and enjoying the
Communication Services; violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service; harvest or otherwise collect information
about others, including e-mail addresses, without their consent; violate any applicable laws or
regulations.
ResQ has no obligation to monitor the Communication Services. However, ResQ reserves the
right to review materials posted to a Communication Service and to remove any materials in its
sole discretion. ResQ reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
ResQ reserves the right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in ResQ's sole discretion.
Always use caution when giving out any personally identifying information about yourself or
your children in any Communication Service. ResQ does not control or endorse the content,
messages or information found in any Communication Service and, therefore, ResQ specifically
disclaims any liability with regard to the Communication Services and any actions resulting from
your participation in any Communication Service. Managers and hosts are not authorized ResQ
spokespersons, and their views do not necessarily reflect those of ResQ.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to www.resqjewelry.com or Posted on Any ResQ Sites
ResQ does not claim ownership of the materials you provide to www.resqjewelry.com or any
Sites (including feedback and suggestions) or post, upload, input or submit to any ResQ Site or
our associated services (collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting ResQ, our affiliated companies and
necessary sublicensees permission to use your Submission in connection with the operation of
their Internet businesses including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and
to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
ResQ is under no obligation to post or use any Submission you may provide and may remove
any Submission at any time in ResQ';s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in
this section including, without limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.
Third Party Accounts
You may be able to connect your ResQ account to third party accounts. By connecting your
ResQ account to your third party account, you acknowledge and agree that you are consenting to
the continuous release of information about you to others (in accordance with your privacy
settings on those third party sites). If you do not want information about you to be shared in this
manner, do not use this feature.
International Users
The Service is controlled, operated and administered by ResQ from our offices within the USA.
If you access the Service from a location outside the USA, you are responsible for compliance
with all local laws. You agree that you will not use the ResQ Content accessed through
www.resqjewelry.com or Sites in any country or in any manner prohibited by any applicable
laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless ResQ, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your violation of
any rights of a third party, or your violation of any applicable laws, rules or regulations. ResQ
reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with ResQ
in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a
single neutral arbitrator and administered by the American Arbitration Association, or a similar
arbitration service selected by the parties, in a location mutually agreed upon by the parties. The
arbitrator's award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of
or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs
and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to
these Terms and Conditions or any disputes arising as a result of these Terms and Conditions,
whether directly or indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and
enforcement of this provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration provision shall
survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and ResQ agree otherwise, the arbitrator may not consolidate
more than one person's claims, and may not otherwise preside over any form of a representative
or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. FINDMENOW LLC D/B/A RESQ AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
FINDMENOW LLC D/B/A RESQ AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
FINDMENOW LLC D/B/A RESQ AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL FINDMENOW LLC D/B/A RESQ AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE
DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
FINDMENOW LLC D/B/A RESQ OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE PRODUCTS AND SERVICES.
Termination/Access Restriction
ResQ reserves the right, in its sole discretion, to terminate your access to the Sites and the related
Services or any portion thereof at any time, without notice. To the maximum extent permitted by
law, this agreement is governed by the laws of the State of Delaware and you hereby consent to
the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and ResQ as a result of this agreement or use of the Site. ResQ's performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement
is in derogation of ResQ's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Site or information provided to or gathered
by ResQ with respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the
user and ResQ with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and ResQ
with respect to the Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be written in English.
Changes to Terms
ResQ reserves the right, in its sole discretion, to change the Terms under which
www.resqjewelry.com is offered. The most current version of the Terms will supersede all
previous versions. ResQ encourages you to periodically review the Terms to stay informed of
our updates.
Contact Us
ResQ welcomes your questions or comments regarding the Terms:
FindMeNow LLC d/b/a ResQ
101 Lindenwood Drive
Malvern, Pennsylvania 19355
Email Address:
info@findmenow.io
Telephone number:
+1.484.549.2225
Effective as of March 01, 2024