Terms of Use
Welcome to foundertactics.com ("we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our website, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
1. Acceptance of Terms
1.1 Agreement: By using our Services, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.
1.2 Eligibility: You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old.
1.3 Event Registration: To access certain features of our Services, you may need to register for an event of which these terms apply.
2. Intellectual Property
2.1 Ownership: All content, trademarks, logos, and intellectual property on our website are owned by us or our licensors. You may not use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, or otherwise exploit any content from our Services without our prior written permission.
2.2 User Content: By submitting any content to our Services (including feedback, suggestions, or other submissions), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with providing our Services and improving our products.
3. Use of Services
3.1 Permitted Use: You agree to use our Services only for lawful purposes and in accordance with these Terms. You may not use our Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of our Services.
3.2 Prohibited Conduct: You agree not to: (a) use our Services for any unlawful purpose or in violation of any applicable laws; (b) interfere with or disrupt our Services or servers; (c) attempt to gain unauthorized access to our Services or accounts of others; (d) transmit any viruses, worms, defects, Trojan horses, or other destructive items; (e) impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity; (f) collect or store personal data of others without their express permission; (g) use any automated means to access or use our Services; (h) violate any third-party rights, including intellectual property or privacy rights.
4. Limitation of Liability and Indemnification
4.1 Limitation of Liability: To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use our Services; (b) any conduct or content of any third party on our Services; (c) any content obtained from our Services; (d) unauthorized access, use, or alteration of your transmissions or content, even if we have been advised of the possibility of such damages.
4.2 No Warranty: Your use of our Services is at your sole risk. Our Services are provided on an "as is" and "as available" basis. We do not warrant that our Services will be uninterrupted, secure, or error-free. We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
4.3 Assumption of Risk: You agree that your use of our Services is at your own risk. We do not assume responsibility for the accuracy, completeness, or usefulness of any information, opinion, advice, or other content provided through our Services.
4.4 Limitation: In no event shall our liability exceed the fees paid by you for the use of our Services during the twelve (12) months preceding the event giving rise to the liability.
4.5 Indemnification: You agree to indemnify and hold harmless foundertactics.com, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to (a) your use of our Services, (b) any content or materials uploaded or provided by you, (c) your violation of these Terms, or (d) your violation of any rights of any other person or entity.
4.6 Defense of Claims: We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.
4.7 Survival: The limitations and exclusions of liability and the indemnification obligations set forth in this section shall survive the termination of your use of our Services and any agreement formed between you and us.
4.8 Exclusions: Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
4.9 No Legal or Financial Advice: Nothing in the Services or the platform constitutes legal or financial advice. Foundertactics.com and all its affiliates are not liable for any damages that may arise from your reliance on any information or content provided through the Services.
5. Modifications to Terms
5.1 Changes: We reserve the right to modify or revise these Terms at any time by posting the revised Terms on our website. Your continued use of our Services after any changes to these Terms constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
6. Dispute Resolution and Arbitration
6.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of Florida, without regard to its conflict of law provisions.
6.2 Informal Resolution: Before initiating any formal proceeding, you agree to first attempt to resolve any dispute informally by contacting us at the contact form on the home page of foundertactics.com. We will attempt to resolve the dispute informally within a reasonable time.
6.3 Arbitration: Any dispute arising out of or relating to these Terms or your use of our Services that cannot be resolved informally shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
6.4 Arbitration Location: The arbitration shall take place in Miami, Florida, unless otherwise agreed by the parties in writing.
6.5 Arbitration Fees: Each party shall bear its own costs and expenses of arbitration, including attorney's fees, and shall share equally the costs and expenses of the arbitrator(s).
6.6 Class Action Waiver: You agree that any arbitration or proceeding shall be conducted on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in any class action, class arbitration, or representative action.
6.7 Enforceability: If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
7. Contact Us
7.1 Questions: If you have any questions about these Terms, please contact us using the contact form on the home page.