End-User License Agreement (“Agreement”)
Last updated: February 12, 2018
Please read this End-User License Agreement (“Agreement”) carefully before clicking the “Terms & Conditions” checkbox and downloading or using our services.
By clicking the checkbox, you are agreeing to be bound by the Terms and Conditions and this End-User License Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and Foundation Investment Partners, LLC. and it governs your use of the website made available to you by Foundation Investment Partners, LLC.
If you do not agree to the terms of this Agreement, do not check the Terms & Conditions checkbox during purchase and do not download or use the website.
The website, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are and shall remain, the sole and exclusive property of Foundation Investment Partners, LLC.
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Foundation Investment Partners, LLC. with respect to the website shall remain the sole and exclusive property of Foundation Investment Partners, LLC.
Foundation Investment Partners, LLC. shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to Website
Foundation Investment Partners, LLC. reserves the right to modify, suspend or discontinue, temporarily or permanently, the Website or any service to which it connects, with or without notice and without liability to you.
Updates to Website
Foundation Investment Partners, LLC. may from time to time provide enhancements or improvements to the features/functionality of the Website, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the Website. You agree that Foundation Investment Partners, LLC. has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Website to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Website, and (ii) subject to the terms and conditions of this Agreement.
The Website may display, include or make available third-party content (including data, information and other products services) or provide links to third-party websites or services (“Third-Party Services”).
You acknowledge and agree that Foundation Investment Partners, LLC. shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Foundation Investment Partners, LLC. does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or Foundation Investment Partners, LLC.
Foundation Investment Partners, LLC. may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Foundation Investment Partners, LLC., in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Website and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Website and delete all copies of the Website from your mobile device or from your computer.
Termination of this Agreement will not limit any of Foundation Investment Partners, LLC.’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold Foundation Investment Partners, LLC. and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Foundation Investment Partners, LLC., on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Foundation Investment Partners, LLC. provides no warranty or undertaking, and makes no representation of any kind that the Website will meet your requirements, achieve any intended results, be compatible or work with any other software, plugins, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Foundation Investment Partners, LLC. nor any Foundation Investment Partners, LLC.’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website ; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of Foundation Investment Partners, LLC. are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Foundation Investment Partners, LLC. and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Website.
To the maximum extent permitted by applicable law, in no event shall Foundation Investment Partners, LLC. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Agreement), even if Foundation Investment Partners, LLC. or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
For U.S. Government End Users
The Website and related documentation are “Commercial Items”, as that term is defined under 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
You may not export or re-export the Website except as authorized by United States law and the laws of the jurisdiction in which the Website was obtained.
In particular, but without limitation, the Website may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
By installing or using any component of the Website, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Amendments to this Agreement
Foundation Investment Partners, LLC. reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
The laws of Ohio, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Good.
If you have any questions about this Agreement, please contact us.
The Agreement constitutes the entire agreement between you and Foundation Investment Partners, LLC. regarding your use of the Website and supersedes all prior and contemporaneous written or oral agreements between you and Foundation Investment Partners, LLC.
You may be subject to additional terms and conditions that apply when you use or purchase other Foundation Investment Partners, LLC.’s services, which Foundation Investment Partners, LLC. will provide to you at the time of such use or purchase.