Welcome to the Foundation Launch website! Please read these Foundation Launch terms of use (“Terms of Use”) carefully. These Terms of Use govern your access to and use of the Foundationlaunch.com website, the Foundation Launch Community space, other sites and subdomains owned, operated or controlled by us (collectively, the “Site”). Foundation Launch LLC is a Wisconsin Limited Liability Company and in these Terms of Use, we will reference ourselves as “Foundation Launch” or “we”/“us”. By using the Site, you irrevocably agree to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site.
Foundation Launch expressly reserves the right to modify the Terms of Use at any time in its sole discretion by including such alteration and/or modification in these Terms of Use, along with a notice of the effective date of such modified Terms of Use. Any continued use by you of the Site after the posting of such modified Terms of Use shall be deemed to indicate your irrevocable agreement to such modified Terms of Use. Accordingly, if at any time you do not agree to be subject to any modified Terms of Use, please discontinue your access to or use of the Site.
(a) Foundation Launch Content: The information and materials, including, without limitation, HTML, texts audio, music, videos, photos, graphic, messages, tags, interactive features, white papers, press releases, data sheets, product descriptions, software, code, scripts, data and FAQs and other content (collectively, “Content”) available on the Site, excluding Third Party Content and Your Posts (collectively, “Foundation Launch Content”), are the copyrighted works of Foundation Launch, and Foundation Launch expressly retains all right title and interest in and to the Foundation Launch Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted in these Terms of Use, any use of the Foundation Launch Content may violate copyright and/or other applicable laws.
(b) Third Party Content: In addition to Foundation Launch Content, the Site may contain Content provided to Foundation Launch by third parties or posted onto the Site by third parties (collectively, “Third Party Content”). Third Party Content is the copyrighted work of its owner, who expressly retains all right title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to these Terms of Use, Third Party Content may also be subject to different and/or additional terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third Party Content.
(c) Limited Site Content License: Foundation Launch grants you the limited, revocable, non-transferable, non-exclusive right to use the Foundation Launch Content and Third Party Content (collectively, “Site Content”) by displaying the Site Content on your computer, and downloading and printing pages from the Site containing Site Content, under the condition that (i) such activity is solely for your personal, education or other noncommercial use, (ii) you do not modify or prepare derivative works from the Site Content, (iii) you do not obscure, alter or remove any notice of copyright set forth on any Site pages or Site Content, (iv) you do not otherwise reproduce, re-distribute or publicly display any of the Site Content and (v) you do not copy any Site Content to any other media or other storage format. No other use of the Site Content is authorized. Except as specified above, nothing contained herein shall be construed as conferring by implication, or otherwise any license or right under any patent, trademark, copyright or any other intellectual property right of Foundation Launch or any third party. All Site Content is provided for informational purposes only.
(d) Monitoring of Site and Site Content: Foundation Launch reserves the right, but does not undertake the obligation, to monitor use of the Site or any Site Content, and to investigate and take appropriate legal action against any party that uses the Site or any Site Content in violation of these Terms of Use, the Foundation Launch Acceptable Use Policy or applicable law. Foundation Launch reserves the right to accept, reject or modify any Site Content or Your Post(s), but assumes no liability based on its acceptance, rejection, modification or failure to modify any Site Content or Your Post(s).
(e) Copyright Infringement: As a condition of your right to use and access the Site and any Site Content, you agree to respect the intellectual property rights of others. Accordingly, you agree not to upload or post to the Site any copyrighted materials, trademarks or other proprietary information belonging to any third party without the prior written consent of the applicable third party. If you believe that your copyrighted work has been illegally uploaded or posted on the Site, you may send a written notice to Foundation Launch at legal@foundationlaunch.com, and Foundation Launch will respond pursuant to its Digital Millennium Copyright Act (“DMCA”) procedure. Foundation Launch’s DMCA procedure is in accordance with that suggested by DMCA, the text of which can be found at the U.S. Copyright Office web site https://www.copyright.gov/legislation/dmca.pdf. Foundation Launch reserves all rights to seek damages and fees associated with infringement and/or fraud.
(a) Use of Site: You may access and use the Site and all Site Content only for lawful purposes and only in accordance with these Terms of Use and the Acceptable Use Policy. You acknowledge that you have read, understand and agree to Foundation Launch’s Acceptable Use Policy located at https://foundationlaunch.com/aup, which is hereby incorporated into and made a part of these Terms of Use by this reference.
(b) Eligibility: As an express condition of being permitted to access and use the Site, any Site Content and to post, upload or transmit Your Posts, you represent and warrant that you (i) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside, (ii) are not on a list of persons barred you from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (iii) are not a resident of Cuba, Iran, North Korea, Sudan or Syria.
(c) Prohibited Conduct: You agree not to access or use the Site or any Site Content, or post, upload or transmit Your Posts (i) in violation or attempted violation of the Acceptable Use Policy, (ii) to advertise, promote materials or solicitation related to any product or service that is competitive with Foundation Launch products or services; (iii) to transmit or transfer (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of US export control laws, or (iv) to violate or attempt to violate the security of the Site or Foundation Launch’s system or network security in any way.
(d) Your Posts: The Site may include functionality that permits users to post, upload or transmit Content in a manner that is intended to be viewed by other users (“Your Posts”), including for reviews and in forums (e.g., in the Foundation Launch Community). By submitting Your Posts to the Site, you hereby grant to Foundation Launch a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from and distribute Your Posts for any purpose. Foundation Launch may exercise all copyright, publicity and moral rights, in any media, with respect to Your Posts. In addition, you hereby irrevocably represent and warrant to Foundation Launch that (i) you have all necessary power, authority, right, title and/or licenses to grant to Foundation Launch the foregoing right and license, (ii) the posting, submission and display by you of Your Posts on the Site, and the exercise by Foundation Launch of the foregoing license does not and will not violate the Acceptable Use Policy, and (iii) none of Your Posts will constitute obscene, pornographic, indecent, profane or otherwise objectionable material.
(e) Suggestions: You hereby grant to Foundation Launch a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Site and/or other Foundation Launch products, services or offerings any suggestions, enhancement requests, recommendations or other feedback provided by you to Foundation Launch.
(f) Aggregated and/or De-identified Data: Notwithstanding anything to the contrary set forth herein or otherwise, Foundation Launch will have the right to collect and analyze data and other information relating to the provision, use or performance of the Site and related systems and technologies, and to aggregate and/or de-identify all such data and information. Foundation Launch will be free at any time to: (i) use such information and data to improve and enhance the Site or Foundation Launch’s products, services and offerings; and (ii) disclose such data in aggregate or de-identified form in connection with its business.
(g) Your Indemnification Obligations: You hereby irrevocably agree to indemnify, defend and hold Foundation Launch, its affiliates, directors, officers, employees and agents harmless from and against any and all loss, costs, damages, liabilities and expenses (including attorneys’ fees) arising out of or related to (i) any third party claim resulting from a breach by you of any of your covenants, representations or warranties contained in these Terms of Use or the Acceptable Use Policy, (ii) your use of the Site or any Site Content, or (iii) Your Posts.
(h) Termination and Suspension by Foundation Launch: Foundation Launch may terminate these Terms of Use, your access to the Site and any Site Content at any time and for any reason upon notice to you.
(i) Your Use of The Site to Send Communications: You acknowledge that (a) you exclusively are responsible for and control the timing, content, and distribution of all telephonic or electronic communications made or initiated to any person or entity in connection with your use of the Site, and (b) any such communications are made or initiated only as a result of your actions. You further warrant that all telephonic or electronic communications made or initiated in connection with your use of the Site comply with all applicable foreign and US federal or state laws and regulations, including without limitation the Telephone Consumer Protection Act, before you make or initiate any telephonic or electronic communication through the Site.
(j) Export Control: You hereby represent and warrant that (i) you understand and acknowledge that some Site Content may be subject to export, re-export and import restrictions under applicable law, (ii) you will not use the Site or any Site Content in a manner that violates the U.S. Export Administration Act of 1979 and the regulations of the U.S. Department of Commerce, and (iii) you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods.
The Site may contain links to and integrations with third party websites and services, and you agree that Foundation Launch provides links to and integrations with such websites and services solely as a convenience and has no responsibility for the content or availability of such websites or services, and that Foundation Launch does not endorse such websites or services (or any products or other services associated therewith). Access to any other internet site linked to the Site is at your own risk, and Foundation Launch is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Your use of such websites and services will be subject to the terms applicable to each such website and service. You may not post a link that directs users to any content or information that would constitute a violation of these Terms of Use or the Acceptable Use Policy.
(a) Warranty Disclaimer: THE SITE AND SITE CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND FOUNDATION LAUNCH MAKES NO WARRANTY THAT THE SITE OR SITE CONTENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, RELIABLE, USEFUL OR ACCURATE, AND ON BEHALF OF ITSELF AND ITS LICENSORS, FOUNDATION LAUNCH HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SITE, SITE CONTENT AND SERVICE, OR THE AVAILABILITY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE AND/OR THE SITE CONTENT RESTS WITH YOU. FOUNDATION LAUNCH AND ITS SUPPLIERS OR LICENSORS WILL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT CONTAINED ON THE SITE. FOUNDATION LAUNCH MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, OR THAT THE SITE AND/OR THE SITE CONTENT WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.
(b) Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT FOUNDATION LAUNCH SHALL NOT BE LIABLE TO YOU FOR ANY (A) INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF FOUNDATION LAUNCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE.
You acknowledge that you have read, understand and agree to Foundation Launch’s Privacy Policy located at https://foundationlaunch.com/privacy, which is hereby incorporated into and made a part of these Terms of Use by this reference.
Foundation Launch operates or controls the operation of this Site from a cloud service located in the United States. In addition, the Site, Site Content and Your Posts may be accessed, mirrored and/or managed from various locations outside the United States. Foundation Launch makes no representation or warranty that all of the features of this Site, Site Content or Your Posts will be available to you outside of the United States, or that they are permitted to be accessed outside of the United States. Additionally, the Site or Site Content may not be helpful or relevant to users located outside the United States. You acknowledge that you are solely responsible for any decision by you to access and use this Site and/or the Site Content, and to post, upload or transmit Your Posts from locations outside the United States, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
If you have a dispute with Foundation Launch, wish to provide a notice under these Terms of Use, the Acceptable Use policy, or become subject to insolvency or other similar legal proceedings, you must promptly send written notice to Foundation Launch at Foundation Launch LLC, 8 The Green #16931, Dover, DE 19901-3618; Attn: Legal.
These Terms of Use and the policies or terms expressly referenced and incorporated into these Terms of Use, (e.g. the Acceptable Use Policy) constitute the entire agreement and understanding between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by you to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected. Neither party may assign these Terms of Use without the prior written approval of the other, such approval not to be unreasonably withheld or delayed, provided that such approval shall not be required in connection with an assignment to an affiliate or to a successor to substantially all of such party’s assets or business related to these Terms of Use. These Terms of Use supersede all prior or contemporaneous discussions, proposals and agreements between you and Foundation Launch relating to the subject matter hereof. Other than as otherwise stated in these Terms of Service, no amendment, modification or waiver of any provision of these Terms of Service will be effective unless in writing and signed by an authorized representative of both parties. If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by either party may be implied from any actions or failures to enforce rights under these Terms of Use or the Acceptable Use Policy. These Terms of Use and the Acceptable Use Policy are intended to be and are solely for the benefit of Foundation Launch and you and do not create any right in favor of any third party. These Terms of Use will be governed by and construed in accordance with the laws of the State of Wisconsin, without reference to its conflict of laws principles. The Uniform Computer Information Transactions Act will not apply to this Agreement. All disputes arising out of or relating to these Terms of Use will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in Appleton, Wisconsin, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.
