LostRiver.io Subscription Terms of Use 

Lost River Solutions LLC (“Lost River”) provides a personalized subscription service that allows our members to access content ("Lost River content") over the Internet on certain computers and mobile devices ("supported devices"). 

The Lost River service is provided to you by Lost River Solutions LLC. You have accepted these Terms of Use, which govern your use of our service. As used in these Terms of Use, "Lost River service", "our service" or "the service" means the personalized service provided by Lost River for discovering and accessing Lost River content, including all features and functionalities, itineraries, map, our website, and user interfaces, as well as all content and underlying software associated with our service. References to ‘you’ in these Terms of Use indicate the member who created the Lost River account and whose payment method is charged. 

  1. Membership. Your Lost River membership will continue and automatically renew until terminated. To use the Lost River service you must have Internet access and a supported device and provide us with one or more Payment Methods, unless you subscribe to a free service. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time. You must cancel your membership before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method (see "Cancellation" below). 

 

  1. Promotional Offers. We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by Lost River at its sole discretion, and we reserve the right to revoke an Offer and put your account on hold if we determine you are not eligible. We may use information such method of payment or an account email address used with an existing or recent Lost River membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you. 

 

  1. Billing and Cancellation 

 
3.1. Billing Cycle. The subscription fee for the Lost River service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific next order date indicated on the "Manage Subscription" link within your “Account” page. The length of your billing cycle will depend on the type of subscription plan that you choose when you signed up for the service. Subscription fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month. Visit the LostRiver.io website and click on the "Manage Subscription" link on the "Account" page to see your next order date. We may authorize your Payment Method in anticipation of subscription or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register.  

 
3.2. Payment Methods. To use the Lost River service you must provide one or more Payment Methods. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details. 
 
3.3 Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page and clicking the "Manage Subscription" link. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). 
 
3.4. Cancellation. You can cancel your Lost River subscription at any time, and you will continue to have access to the Lost River service through the end of your billing period. To cancel, go to the "Account" page on our LostRiver.io website and click the "Manage Subscription" link. To cancel, click on the “Cancel Subscription” link and follow the instructions. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, click "Manage Subscription" on the "Account" page and the date is listed under “Next Order Date”. If you signed up for multiple subscription plans, you must cancel each membership separately.  

 
3.5. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time. We will notify you at least one month before any price changes or changes to your subscription plan will become effective. If you do not wish to accept the price change or change to your subscription plan, you can cancel your membership before the change takes effect. 
 
3.6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used subscription periods. Following any cancellation, however, you will continue to have access to the service through the end of your current order period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. 

 

  1. Lost River Service 

4.1. Age Requirement. You must be at least 18 years of age to become a member of the Lost River service. Individuals under the age of 18 may only utilize the service with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use. 
 
4.2. Content Updates. The Lost River service, including the content library, is regularly updated. Lost River may change the content available to you at any time without notice.   

4.3. Limitations of Use. The Lost River service and any content accessed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Lost River membership, we grant you a limited, non-exclusive, non-transferable right to access the Lost River service and Lost River content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. 
 
4.4. Acceptable Use. You agree to use the Lost River service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized by us, you agree not to: 

(i) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Lost River service; 

(ii) circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the content protections or other elements of the Lost River service, including the graphical user interface, copyright notices, and trademarks; 

(iii) use any robot, spider, scraper or other automated means to access the Lost River service; 

(iv) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Lost River service; 

(v) insert any code or product or manipulate the content of the Lost River service in any way; 

(vi) use any data mining, data gathering or extraction method; 

(vii) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Lost River service, including any software viruses or any other computer code, files or programs. 

We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service. 
 
4.7.  Service Quality. The quality of the display of the Lost River content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Lost River makes no representations or warranties about the quality of your viewing experience on your display. The time it takes to load Lost River content will vary based on a number of factors, including your location, available bandwidth at the time, the Lost River content you have selected and the configuration of your supported device. 
 

5. Passwords and Account Access. You are responsible for any activity that occurs through the Lost River account. By allowing others to access the account (which includes access to information on viewing activity for the account), you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account, including but not limited to changes to the subscription plan. To help maintain control over the account and prevent any unauthorized users from accessing the account, you should maintain control over the devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You agree to provide and maintain accurate information relating to your account, including a valid email address so we can send you account related notices. We can terminate your account or place your account on hold in order to protect you, Lost River from identity theft or other fraudulent activity. Lost River is not obligated to credit or discount a subscription for holds placed on the account by either a representative of Lost River or by the automated processes of Lost River.  

6. Disclaimers of Warranties and Limitations on Liability 
 
6.1. THE LOST RIVER SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE LOST RIVER SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LOST RIVER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE LOST RIVER SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. LOST RIVER SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS AND LOST RIVER UNDERLYING SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). 

 

6.2 Lost River provides personalized travel itineraries based on available information and your gathered preferences. However, lost river is not responsible or liable for any experiences, services, or interactions that YOU may have with third-party businesses, activities, or locations recommended in the itinerary. YOU acknowledge that all such experiences and interactions are subject to the terms and conditions of the third parties involved, and the Company disclaims any liability for any loss, damage, injury, or dissatisfaction that may arise from such experiences. 
 
6.3 LOST River does not endorse or guarantee the quality, safety, or suitability of any third-party businesses, activities, or locations included in the itinerary. You accept that the choice to engage with or visit any such third parties is made at your own risk. 

 

6.4. While lost river strives to provide itineraries that reflect YOUR gathered preferences and interests, lost river does not guarantee that you will find the recommended activities, businesses, or locations satisfactory or enjoyable. you acknowledge that personal preferences and experiences can vary widely and that lost river makes no assurances regarding your level of satisfaction with the provided itineraries. 

 

6.5. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL LOST RIVER, OR ANY OF THEIR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. 
 
6.5.  NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. 
 

7. Independence of Recommendations 

 

7.1. Basis of Recommendations. All businesses, activities, and locations suggested in the itineraries provided by Lost River are selected based on Lost River’s own opinions, preferences, and judgment.  

 

7.2 No Incentives or Payments. Unless otherwise explicitly stated, Lost River does not accept, request, or receive any form of payment, compensation, or other enticements from third-party businesses, activities, or locations in exchange for their inclusion in the itineraries. All recommendations are made independently and are solely based on the Company’s assessment and the Subscriber’s preferences. 

 

7.3 No Endorsement or Affiliation. The inclusion of any business, activity, or location in the itinerary does not imply any endorsement, partnership, or affiliation with such entities. The Company does not receive any financial or other benefits from these entities for their inclusion. 

 

8. Miscellaneous 

 
8.1. Disputes. Any dispute or claim relating in any way to your use of any Lost River service will be adjudicated in the state or Federal courts in West Virginia, U.S.A, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial. 

 

8.2. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of West Virginia, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence. 
 
8.2. Unsolicited Materials. Lost River does not accept unsolicited materials or ideas for Lost River content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Lost River. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Lost River and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent. 
 
8.3. Feedback. Lost River is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Lost River service, including our websites and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Lost River service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. 
 
8.4. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit the Lost River FAQ page, which is accessible through the lostriver.io website. You may also submit a request for help via your “Account.” However, Lost River is not required to respond to your requests for help, and customer support is not included in the Subscription Plan. 

 

8.5. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. 
 
8.6. Changes to Terms of Use and Assignment. Lost River may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, material revisions shall, unless otherwise stated, be effective one month following notice to you. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Lost River service. 
 
8.7. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. 

 

Last Updated:  August 10, 2024