These terms and conditions (the “Terms”) set forth the entire agreement between you (“You” or “User”) and Foundoff (“We”) regarding the subjects addressed in these Terms. Foundoff recommends that you read these Terms carefully. Your continuing use of any of Foundoff’s “Services,” including any services provided on a website or mobile application, constitutes your knowledge and acceptance of these Terms.
1. Mobile Device
The phrase “mobile device” used within these Terms refers to any mobile device that is able to install the Services and display activities using the device’s data transmission, reception, and processing capabilities. The security of your mobile device is your responsibility.
2. Use of the Mobile Application
Foundoff grants you the right to download, install, and use the Services on your mobile device for the purpose of viewing information about activities in accordance with these Terms. You do not and will not own the Services or any information that is provided to you or by you, but you may use these things in accordance with these Terms.
3. Intellectual Property and Right to Use
You acknowledge and agree that all copyrights, trademarks, and all other intellectual property rights in all material or content contained within Foundoff’s Services shall remain at all times owned by Foundoff. You are permitted to use this material only as expressly authorized by Foundoff.
You acknowledge and agree that the material and content contained within Foundoff’s Services is made available for your personal non-commercial use only. Any other use of the material and content of Foundoff’s Services is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, or create derivative works of such material and content.
4. DMCA Notice
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details): An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests; A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; Identification of the URL or other specific location on the Service where the material that you claim is infringing is located; Your address, telephone number, and email address; A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
5. Copyrights and Trademarks
All trademarks, service marks, and trade names (“Trademarks”) of Foundoff used herein and the Foundoff logos are trademarks of Foundoff and may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits Foundoff. The Foundoff Trademarks may not be used in connection with the products or services of others, except for the use of a text link or a Foundoff web logo to link to this site, in accordance with these Terms. All other trademarks not owned by Foundoff that appear on this Site and in the App are the property of their respective owners.
6. Scope of License Grant
6.1 Acceptable Use
6.2 Restrictions on Use
All materials published on the Site, including, but not limited to, trademarks, service marks, photographs, videos, and illustrations (collectively, the “Content”), is the property of Foundoff unless otherwise indicated. Third-party trademarks are the property of their respective owners. You may use the Content displayed on the Site for personal, non-commercial use only, provided that you do not remove any trademarks, copyright, or any other notice contained in such content. Any other use, including reproduction, modification, distribution, transmission, republication, display, or performance is strictly prohibited without the express written consent of Foundoff.
The following uses of the Service — including the site and all functions therein — are strictly forbidden:
6.3 Violation of Terms
If you violate any of the terms herein, Foundoff reserves the right to terminate your account, bar you from using any Foundoff Services, and take appropriate legal action.
6.4 Age Requirements
Children under the age of 13 are prohibited from using Foundoff.
7. Third Parties
7.1 Third Party Sites
The Service may include links to other websites or applications (“Third Party Sites”). Foundoff does not endorse any Third Party Sites. You agree Foundoff is not responsible for the availability or content of any Third Party Sites and your use of Third Party Sites is at your own risk.
7.2 Open Source Licenses
The mobile application made available through the Service may use open source software that is distributed to you in executable form. You understand and acknowledge that each open source license is a separate agreement between you and the copyright holder of such open source software, and Foundoff is not a party to any such open source license.
8. Disclaimer of Warranties
YOU AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. FOUNDOFF DOES NOT GUARANTEE THAT THE SERVICES WILL BE SUITABLE FOR YOUR NEEDS, OR THAT IT WILL WORK AS ANTICIPATED IN EVERY CONFIGURATION. FOUNDOFF DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ANY GIVEN TIME, SECURE, ACCURATE, OR FREE OF ERROR. YOU USE THE SERVICES AT YOUR OWN RISK, AND YOU ASSUME THE RISK THAT THE SERVICES MAY PROVIDE INCORRECT INFORMATION TO YOU OR YOUR EMPLOYEES, AS WELL AS THE RISK THAT ANY MATERIAL DOWNLOADED BY YOU FROM THE SERVICES MAY CAUSE LOSS OF DATA OR DAMAGE TO YOUR MOBILE PHONE COMPUTER SYSTEM.
9. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL FOUNDOFF BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF FOUNDOFF IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend and hold harmless Foundoff and its officers, directors, and employees from and against all fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature arising out of or in connection with your use of the Service.
13. General Policies
13.1 Privacy Policies
13.2 No Guaranteed Availability
Foundoff reserves the right at any time and from time to time to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice to you. You agree that Foundoff will not be liable to you for any modification, suspension or discontinuance of the Service.
13.3 Data Charges and Access
The Services require a correctly configured and functional wireless Internet data connection (either cellular or wifi), both for the initial installation, and to view activities. You may incur data charges for the use of the Services depending on your individual agreement with your wireless data service provider. You are responsible for any such costs.
Foundoff is unable to provide any warranties as to the levels of connectivity you will receive via your mobile device. This may depend upon your wireless data service provider or your corporate policy if you have a work-issued device. Foundoff does not and will not accept responsibility for any connectivity issues you may experience. Please contact your network provider or visit their website if you require assistance configuring a data connection for your device.
13.4 Modification and Termination
Foundoff reserves the right to bar any user from use of any or all of the Services at any time in its sole discretion. You agree that any termination of your access to the Service under any provision of these Terms may occur without prior notice to you, and you also agree that Foundoff will not be liable to you for any termination of your access to the Service.
13.5 Updates and New Features
Customer agrees that this Agreement shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by California law. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. Customer also agrees that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Agreement.
Waiver of Foundoff of strict performances of any provision of these Terms will not be a waiver of or prejudice Foundoff’s right to require strict performance of the same provision in the future or of any other provision of these Terms.
16. Choice of Law, Forum, and Venue
This Agreement shall be governed by and construed according to the laws of California, without regard to its conflicts of laws provisions. Customer agrees that any dispute, claim, or controversy arising out of or relating to this Agreement or in any way associated with the Activities, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Santa Clara County, California. Customer waives all rights to bring any dispute or claim more than one (1) year after the date the cause of action arose. Nothing contained in this Agreement shall be construed to limit Company’s rights and remedies available at law or in equity.
17. Entire Agreement
These Terms constitute the entire agreement between the parties as to their subject matter, and there are no other terms, conditions, or obligations between the parties relating to the use of the Service, other than those contained in these Terms.