FOUNDER.org Terms of Service
Welcome to FOUNDER.org. We work with colleges, universities and research institutes around the world to advance student entrepreneurship. Our mission is to inspire students to become founders of impactful companies that innovate, create jobs and drive economic growth. We endeavor to accomplish our mission by a) supporting student founders (“Founders”), educators (“Educators”) and industry mentors (“Mentors”); b) partnering with innovation and entrepreneur programs at leading schools (“Schools”) with the assistance of our student associates (“Associates”) and c) supporting student companies (“Companies”) with funding grants (“Grants”), investments (“Investments”) and our 8D Company Building Program (“Program”) which is delivered through acceptance into our Annual Class (“Class”).
Founders, Associates, Educators and Mentors can to join FOUNDER.org by creating an account on FOUNDER.org (the “Site”). By creating an account, you are agreeing that you and each person you allow to access FOUNDER.org through your account, has read and understood the terms and conditions of this agreement (the “Agreement”) and that you will abide by the terms of the agreement. This agreement is between you and FOUNDER.org Inc. (“We,” “Us” or“FOUNDER.org”), and it governs your access to and use of the websites, applications and services offered by FOUNDER.org (the “Service”).
1. GENERAL PRINCIPLES
Founders are welcome to create an account, describe themselves and their company and apply for Grants, Investments, Program and Class and connect with Founders, Associates, Educators and Mentors on FOUNDER.org. When applying for Grants, Investments, Program and Class you are welcome to upload content about your business plan, including content you may consider confidential. We will do our best to display your content only to FOUNDER.org Personnel (as defined below) and other Founders, Educators and Mentors that you have identified, but we cannot require the other Founders, Educators and Mentors you identify to agree not to distribute your content. We also cannot guarantee that there will never be a software bug or a hacker attack that will allow unauthorized viewing of content. If FOUNDER.org provides a Grant or Investment to you or your company and/or accepts you or your company into the Program or Class, you may be bound by additional principles and obligations in additional agreements. Specifically the FOUNDER.org Class Agreement or the FOUNDER.org Program Agreement.
Associates are welcome to create an account, describe themselves and connect with Founders, Associates, Educators and Mentors on FOUNDER.org. If you are accepted as a FOUNDER.org Associate, you may be bound by additional principles and obligations in additional agreements. Specifically the FOUNDER.org Associate Agreement.
Educators are welcome to create an account, describe themselves and connect with Founders, Associates, Educators and Mentors on FOUNDER.org.
Mentors are welcome to create an account, describe themselves and connect with Founders, Associates, Educators and Mentors on FOUNDER.org. If you are accepted as a FOUNDER.org Mentor, you may be bound by additional principles and obligations in additional agreements. Specifically the FOUNDER.org Mentor Agreement.
General Users may use parts of the Service that don’t require creating an account. Those users, nevertheless, are bound by this agreement. Founders, Educators and Mentors should understand that their information (other than business plan content provided as part of the Grants, Investments, Program and Class application process) will be visible by everybody.
2. OUR OBLIGATIONS AND RIGHTS
a. Grant You the Right to use the Service. Subject to your acceptance of this agreement, and subject to additional limitations in additional agreements with us, FOUNDER.org grants to you a worldwide, non-assignable, non-exclusive, non-transferable, revocable limited license to use the Service and related software and to display the results of such Service anywhere on the rest of the web, other than on websites one of the principal purposes of which is to compete with FOUNDER.org provided that you (a) do not modify the Content; (b) attribute FOUNDER.org with a human and machine-followable link (an A tag) linking back to the page displaying the original source of the content on FOUNDER.org, (c) upon request, either by FOUNDER.org or by a user who provided the Content, make a reasonable effort to update a particular piece of Content to the latest version on FOUNDER.org; and (d) upon request, either by FOUNDER.org or by a user who contributed to the Content, make a reasonable attempt to delete Content that has been deleted on FOUNDER.org. All right, title, and interest in and to the Service (excluding Content provided by users) is and will remain the exclusive property of FOUNDER.org and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly provided herein, nothing in this agreement gives you a right to use the FOUNDER.org name or any of the FOUNDER.org trademarks, logos, domain names, or other distinctive brand features.
b. Not Claim Any Rights in Your Information. We are promising not to claim any ownership interest in the Content provided by you to us solely because you have provided it, although we will claim a license sufficient to display such items through FOUNDER.org.
c. Display Business Plan Content Only as Instructed by the User. When applying for Grants, Investments, Program and Class you are welcome to upload content about your business plan, including content you consider confidential. We will do our best to display your content only to FOUNDER.org Personnel (as defined below) and other Founders, Educators and Mentors that you have identified, but we cannot require these people you identify to agree not to distribute your information. We also cannot guarantee that there will never be a software bug or a hacker attack that will allow unauthorized viewing of information.
d. Comments, Feedback, Suggestions, Ideas, And Other Submissions. The Service may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content to FOUNDER.org and/or to or via the Service, including, without limitation, text, writings, files, documents, photographs, graphics, comments, suggestions, intellectual property or personally identifiable information or other material (collectively “Content”). Any such material you transmit to FOUNDER.org or otherwise through the Service will be treated as non-confidential and non-proprietary (other than business plan content provided as part of the Grants, Investments Program and Class application process). All comments, feedback, suggestions, ideas, forum posts and other submissions (“Ideas”) disclosed, submitted, or offered to FOUNDER.org in connection with the use of the Service or otherwise and any chat, blog, message board, online forum, text, email or other communication with us shall deemed to have been licensed to FOUNDER.org on a nonexclusive, worldwide, royalty-free, perpetual basis.
e. Other Rights
i. FOUNDER.org may, but is not required to, monitor or control the Content posted via the Service. Our failure to exercise that right, however, does not give you any right to make a claim against FOUNDER.org.
ii. FOUNDER.org reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.
iii. FOUNDER.org reserves the right to terminate your access to the Service without notice and, if you violate this agreement to pursue other remedies at law or in equity.
iv. We may delete your account for any reason or for no reason at all, and if we delete your account you will lose all access to any information, connections or other features that may have value to you that may have been associated with your account.
v. We have the right to refuse registration of, or cancel your account in our discretion for any reason or for no reason. In addition, we reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this agreement (including investigation of potential violations hereof), (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of FOUNDER.org, its users and the public.
vi. Without limiting the generality of the foregoing, FOUNDER.org has the right to terminate or limit your account for any reason or no reason at all. Any Content that has been uploaded through the Service may be deleted at any time without notice to you. We are exempt from liability to any person for any claim based upon its termination of an account or disabling of access to or removal of any Content, including material we believe, in our sole discretion to violate this agreement, regardless of whether the material ultimately is determined to be infringing or otherwise prohibited, and regardless of whether such termination or disabling has the effect of reducing the value of any Content or opportunities that might otherwise have been available to you.
3. YOUR OBLIGATIONS AND RIGHTS
b. Membership Requirements
i. You have the right, authority, and capacity to enter into this agreement on your own behalf and on behalf on any entity for whom you are acting and to abide by all of the terms and conditions contained herein, and that if any aspect of your participation with FOUNDER.org violates provisions of local law to which you are subject, you will cease using the Service and close your account;
ii. You are at least 13 years old, and that if you are less than 18 years old, your parent or legal guardian has agreed to stand behind any agreement you enter into as a participant on FOUNDER.org;
iii. You will maintain an acceptable account on a supported social networking service with a social login capability. Currently supported social networking services include Facebook.com, Google.com, LinkedIn.com and Twitter.com. You will also maintain on FOUNDER.org an email address that you own and use. You also agree to update your social login and email address from time to time so that it remains true, correct and complete. Even if you are using the Service without creating an account, you are still agreeing to all of the terms of this agreement. An acceptable account excludes any use of a false name or an email address owned or controlled by another person with the intent to impersonate that person or for any other reason. An acceptable account also excludes any other submission of false or misleading information provided to the Service.
iv. You will conduct yourself in a professional manner in all your interactions with FOUNDER.org and with any other user of FOUNDER.org.
c. Content Requirements
i. You will only provide FOUNDER.org with Content that you have a right to provide to FOUNDER.org and to allow FOUNDER.org to display through the Service — which means that you have adequate rights to all copyrights, trademarks, trade secrets, intellectual property or other material provided by you for display by FOUNDER.org, and that you understand that any other Content you find on or through FOUNDER.org is the sole responsibility of the person who originated such Content.
ii. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. FOUNDER.org will not be responsible or liable for any use of your Content by FOUNDER.org in accordance with this agreement.
iii. You are not relying on FOUNDER.org and that you understand that we do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service.
iv. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, and that you have no claim against FOUNDER.org for any such material.
v. You understand that the Service may include advertisements or other content, which may be targeted to the Content or information on the Service, queries made through the Service, or other information, and you have no claim against FOUNDER.org for the placement of advertising or similar content on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
d. Funding Grants, Program and Class Requirements. To accept a Grant and entrance into the Program or Class you must agree to the terms of the FOUNDER.org Grant and Program and/or Class Agreement which will be provided if your application is approved.
e. Community Requirements. Participants in the FOUNDER.org community will not:
i. include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
ii. include hateful, profane, obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
iii. defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
iv. promote violence, illegal drug use, or substance abuse or describe how to perform a violent act, use illegal drugs or abuse other substances;
v. violate the contractual, personal, intellectual property or other rights of any person, or promote or constitute illegal activity;
vi. reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
vii. attempt to impersonate any other party;
viii. create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
ix. trick, defraud, deceive or mislead FOUNDER.org or other users, especially in any attempt to learn sensitive information;
x. make improper use of FOUNDER.org’s support services or submit false reports of abuse or misconduct;
xi. create or transmit unwanted electronic communications such as “spam,” to other users or members of Service or otherwise interfere with other users’ or members’ enjoyment of the Service.
xii. disparage, tarnish, or otherwise harm, in FOUNDER.org’s opinion, FOUNDER.org and/or the Service;
xiv. reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service creates to generate web pages or any software or other products or processes accessible through the Service;
xv. except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
xvi. access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by FOUNDER.org (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with FOUNDER.org (crawling the Service is permissible in accordance with this agreement, but scraping the Service without the prior consent of FOUNDER.org is expressly prohibited);
xvii. cover or obscure any notice, banner, advertisement or other branding on the Service;
xviii. disguise the source of materials or other information you submit to the Service or use tools which anonymize your internet protocol address (e.g., anonymous proxy) to access the Service;
xix. interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Content or the User Content;
f. No Endorsements. You will not expect FOUNDER.org to evaluate, confirm, endorse, or otherwise stand behind any person’s statements or recommendations, or treat any email or other information you receive as a result of your access to the Service as a representation of any kind by FOUNDER.org.
g. Intellectual Property. You will not claim any ownership right in any material, software or other intellectual property displayed on, published by or otherwise available through FOUNDER.org, other than Content, software or intellectual property that you own or otherwise have rights to without regard for its appearance on FOUNDER.org. You will not copy or distribute the content of the Service except as specifically allowed in this agreement. You will not claim any right to access, view or alter any source code or object code of FOUNDER.org.
h. Confidentiality. By becoming member of FOUNDER.org, or otherwise using the Services or viewing content made available through FOUNDER.org in any way, you may have an opportunity to see confidential content provided by another person. It is expected that you will use discretion in determining what you do with that information. You agree, however, that you will not republish any information you acquire through the Service via an internet website, one of the principal purposes of which is to compete with FOUNDER.org.
i. Indemnify FOUNDER.org and Related Parties. You are promising to hold us harmless against any damage that may happen to us as a result of your use of FOUNDER.org.
i. Indemnity. In particular, you agree to indemnify and hold FOUNDER.org (any employee, officer, director, mentor or affiliate of the FOUNDER.org (“FOUNDER.org Personnel”) harmless (including costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Service, the violation of this agreement by you, the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, or for any content posted through the Service by you (including claims related to defamation, invasion of privacy, or other violation of a person’s rights). Your obligations under the foregoing indemnity may not be offset against any other claim you may have against the FOUNDER.org or any FOUNDER.org Personnel. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Service. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.
ii. Release. In addition, you hereby release any claims you may have against FOUNDER.org and any FOUNDER.org Personnel that are in anyway related to the Service or your use of Content offered through the Service, including any recommendations or referrals you may receive as a result of your registration with FOUNDER.org. You are solely responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties partners.
iii. FOUNDER.org Employees and Affiliates. You understand that FOUNDER.org employees and affiliates may participate in the Service as Entrepreneurs, Educators or Mentors, and that FOUNDER.org is not responsible for any of their activities, including statements or other information in any emails or other communications such individuals make in that capacity.
j. Other Promises
i. You promise to comply with the terms of the license set forth in Section 2a.
ii. You are licensing to us the right to publish all the Content you upload to FOUNDER.org, including any profile information, comments or other posts you may offer on the site in order to provide the Service. Your Content will be viewable by other users of the Service and through third party services and websites (other than business plan content provided as part of the Grants, Investments Program and Class application process). You should only provide Content that you are comfortable sharing with others under this agreement.
iii. To the extent that FOUNDER.org is determined, for any reason not to be the licensee of any material you have provided to us (including all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like (collectively “Moral Rights”)), you hereby ratify and consent to any action that may be taken with respect to such Moral Rights by or authorized by FOUNDER.org and agree not to assert any Moral Rights with respect thereto. You further agree that you will confirm any such ratifications, consents and agreements from time to time as requested by the FOUNDER.org.
iv. You acknowledge that FOUNDER.org is not obligated to pay you or to cause any other party to pay you anything with respect to your activities on FOUNDER.org, or to feature or otherwise display your Content on any web page.
v. You acknowledge that you do not rely on the FOUNDER.org to monitor or edit the Service (including emails initiated by individuals, regardless of whether those individuals are otherwise associated with the FOUNDER.org) and that the Service may contain content which you find offensive or which is untrue or misleading and you hereby waive any objections you might have with respect to viewing such content.
vi. You agree that this agreement does not entitle you to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Services (collectively, “Updates”). FOUNDER.org, however, may occasionally provide automatic Updates to the Services at its sole discretion (and without any advanced notification to you). Any such Updates for the Services shall become part of the Services and subject to this agreement.
vii. If you operate, manage or otherwise control a search engine or robot, or you republish a significant fraction of FOUNDER.org Content (as we may determine in our reasonable discretion), you must additionally follow these rules:
– You must use a descriptive user agent header.
– You must follow robots.txt at all times.
– You must make it clear how to contact you, either in your user agent string, or on your website if you have one.
viii. APIs available through the Service. We may make available one or more APIs for interacting with the Service. Your use of any FOUNDER.org API is subject to this agreement and the FOUNDER.org API Rules, which will be posted before we make these APIs available (and will become part of this agreement).
4. WHAT WE ARE NOT OBLIGATED TO DO
a. We are not obligated to display your Content to any other user, nor are we obligated to connect you with any other users on the Service.
b. We are not responsible for doing diligence on the users you meet and connect with through FOUNDER.org.
c. We are not obligated to maintain the confidentiality of any Content you give us (other than business plan content for Grants, Investments, Program and Class applications (“Plans”). And with respect to Plans we are not obligated to protect it other than by designating it as confidential to you.
d. FOUNDER.org has no obligation to monitor or enforce any intellectual property rights that may be associated with Content you provide to us, but we do have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
e. In the event that FOUNDER.org makes a Grant and/or Investment to and/or accepts into the Program or Class any company, we are not obligated to make a Grant and/or Investment to nor accept into the Program or Class any other person or company.
f. We do not control or endorse the content, messages or information found in the Service or external sites that may be linked to or from FOUNDER.org and, therefore, we specifically disclaim any responsibility with regard thereto.
g. FOUNDER.org has no obligation to accept, display, review, monitor, or maintain any Content submitted by users, user forum posts, commentary, ratings or compliments (“Comments”). We have the right to delete Content or Comments from the Service without notice for any reason at any time. We may move, re-format, edit, alter, distort, remove or refuse to exploit Content or Comments without notice to you and without liability. Notwithstanding the forgoing rights, we reserve the right to treat Content provided by users and Comments as content stored at the direction of users for which the we will not exercise editorial control except as required to enforce the rights of third parties and applicable content restrictions below when violations are brought to the our attention.
5. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
a. We may collect and collate a variety of information regarding the use of the Service. FOUNDER.org is the sole owner of all such information it collects. By using the Service you consent to the transfer of your information to the United States and/or other countries for storage, processing and use by FOUNDER.org.
b. We use industry-standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store any non-public information uploaded to the Service or collected by FOUNDER.org in a secure operating environment that is not available to the public, we cannot guarantee complete security. We cannot and do not guarantee that our security measures will prevent third party “hackers” from illegally accessing our site and obtaining access to content or information thereon.
c. The Service may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us.
6. DISPUTES WITH OTHERS
We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users, you release FOUNDER.org and hereby agree to indemnify FOUNDER.org from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
7. DISCLAIMERS; LIMITATIONS; WAIVERS OF LIABILITY
b. TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT THE FOUNDER.ORG PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE FOUNDER.ORG PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE FOUNDER.ORG PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FOUNDER.org is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to your or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the Services, including any mobile software. Under no circumstances will FOUNDER.org be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Service, any content or third party applications, software or content posted on or through the Services or transmitted to users, or any interactions between users of the Service, whether online or offline.
c. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon or any content you receive as a result of your relationship with FOUNDER.org. FOUNDER.org will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that FOUNDER.org has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from FOUNDER.org or through the Service, will create any warranty not expressly made herein
d. UNDER NO CIRCUMSTANCES WILL ANY FOUNDER.ORG PERSONNEL BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID FOUNDER.ORG IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
8. TERM AND TERMINATION
Unless terminated by FOUNDER.org, this agreement will remain in full force and effect while you use any of the Services. You may terminate this agreement at any time by deleting all Content you have provided to FOUNDER.org and ceasing to use the Service. FOUNDER.org may terminate this agreement at any time, particularly if you violate any provision of this agreement. Upon termination of this agreement for any reason, you shall destroy and remove from all computers, and other storage media all copies of the any intellectual property owned by FOUNDER.org or any other user of the Services that you acquired by use of the Service. Your representations in this agreement shall survive any termination or expiration of this agreement.
9. COPYRIGHT POLICY
a. FOUNDER.org respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in the Service in a way that may constitute copyright infringement, you may provide notice of your claim to FOUNDER.org as outlined in FOUNDER.org copyright policy below:
b. Copyright Policy. If You believe that any material on the Service violates this agreement or your intellectual property rights, please notify FOUNDER.org as soon as possible by sending an email to firstname.lastname@example.org, or by mailing a letter to the FOUNDER.org Copyright Agent (listed below) containing the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
c. Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service is:
FOUNDER.org Inc. Attn: Copyright 314 Lytton Avenue, Palo Alto, CA 94301 Email: email@example.com. Please note that in addition to being forwarded to the person who provided the allegedly illegal content, we may send a copy of your notice (with your personal information removed) to Chilling Effects (www.chillingeffects.org) for publication and/or annotation. You can see an example of such a publication at http://www.chillingeffects.org/fairuse/notice.cgi?NoticeID=16887. A link to your published notice will be displayed on FOUNDER.org in place of the removed content. We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, FOUNDER.org will also terminate a user’s account if the user is determined to be a repeat infringer.
a. Amendments to this Agreement. We may amend this agreement at any time in our sole discretion, effective upon posting the amended terms at the domain of http://founder.org where the prior version of this agreement was posted, or by communicating these changes through any written contact method we have established with you. Your use of the Service following the date on which such amended terms are published will constitute consent to such amendments.
b. Governing Law/Resolution Of Disputes/Waiver Of Injunctive Relief
i. This agreement and all aspects of the Service shall be governed by and construed in accordance with the internal laws of the United States and the State of Delaware governing contracts entered into and to be fully performed in Delaware (without regard to conflict of law’s provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Delaware, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Delaware.
ii. You acknowledge that the rights granted and obligations made hereunder to FOUNDER.org are of a unique and irreplaceable nature, the loss of which shall irreparably harm FOUNDER.org and which cannot be replaced by monetary damages alone so that FOUNDER.org shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
iii. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this agreement (“Dispute”), you and FOUNDER.org agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to FOUNDER.org Inc., 314 Lytton Avenue, Palo Alto, CA 94301, ATTENTION: LEGAL DEPARTMENT.
iv. Binding Arbitration. If you and FOUNDER.org are unable to resolve a Dispute through informal negotiations, either you or FOUNDER.org may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, FOUNDER.org will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this agreement, you and FOUNDER.org may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
v. Restrictions. You and FOUNDER.org agree that any arbitration shall be limited to the Dispute between FOUNDER.org and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
vi. Exceptions to Informal Negotiations and Arbitration. You and FOUNDER.org agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or FOUNDER.org intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
i. The failure of FOUNDER.org to require or enforce strict performance by you of any provision of this agreement or to exercise any right under this agreement shall not be construed as a waiver or relinquishment of FOUNDER.org right to assert or rely upon any such provision or right in that or any other instance. In fact, FOUNDER.org may choose to enforce certain portions of this agreement more strictly or to interpret certain provisions more strictly against certain users than it does against users in general, and such disparate treatment shall not be grounds for failing to comply with all this agreement as so interpreted.
ii. You and FOUNDER.org agree that if any portion of this agreement except any portion of section 10.b.vi. is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. If Section 10.b.vi. is found to be illegal or unenforceable then neither you nor FOUNDER.org will elect to arbitrate any Dispute falling within that portion of 10.b.vi. found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the State of Delaware, United States of America, and you and FOUNDER.org agree to submit to the personal jurisdiction of that court.
iii. FOUNDER.org operates and controls the Service from its offices in the United States. FOUNDER.org makes no representation that the Service is appropriate or available in other locations. The information provided on or through the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject FOUNDER.org to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
iv. Certain information provided by Users may be subject to United States export controls. Thus, no such materials may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any material available through the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.
v. Neither the course of conduct between the parties nor trade practice will act to modify this agreement to any party at any time without any notice to you. You may not assign this agreement without FOUNDER.org’s prior written consent. This agreement contains the entire understanding of you and FOUNDER.org, and supersedes all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Service by FOUNDER.org. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
vi. The section headings used herein and the summary of terms at the beginning of this agreement are for convenience only and shall not be given any legal import. Upon FOUNDER.org’s request, you will furnish FOUNDER.org any documentation, substantiation or releases necessary to verify your compliance with this agreement. You agree that this agreement will not be construed against FOUNDER.org by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this agreement and the lack of signing by the parties hereto to execute this agreement.
e. No Third Party Beneficiaries. This agreement is between you and FOUNDER.org. No user has any rights to force FOUNDER.org to enforce any rights it may have against any you or any other user, except to the extent that Entrepreneurs may enforce their own intellectual property rights related to Content offered through the Service.
f. Government Use. If You are a part of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the any of our products or Services is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service and any related software is a “commercial item,” “commercial computer software” and “commercial computer software documentation”. In accordance with such provisions, any use of the Service by the Government shall be governed solely by this agreement.
11. FOUNDER.org is an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user of material of the user’s choosing, without modification of the content of the material sent or received (“transitory digital network communications”), as well as system caching, storage of material residing on a system or network at the direction of a user, and referral or linkage of users to an online location using information location tools, each through the website located at http://founder.org and any linked pages or applications owned and operated by FOUNDER.org.
12. The Service is operated and provided by FOUNDER.org Inc. 314 Lytton Avenue, Palo Alto, CA 94103. If you have questions about this agreement, please contact us at firstname.lastname@example.org.
Last updated: July 23, 2014
FOUNDER.org is a trademark of FOUNDER.org Inc.