Terms Of Use

Last Updated: March 18, 2008

Welcome to FoundValue, an online service that offers entrepreneurial individuals information on job and business opportunities as well as a way to market themselves, and connect with other entrepreneurs more effectively (the “FoundValue Service”). Whether looking for a job, a lead for that next business opportunity or information on how to manage your new business, FoundValue users can access information and make contact with thousands of entrepreneurs who are also users of the FoundValue Service.

By accessing our using this web site at www.foundvalue.com, you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), where or not you are registered member of FoundValue.

This Agreement describes the terms on which you may access and use our services. In order to become a FoundValue user, you must read and accept all of the terms and conditions of this Agreement and the Privacy Policy. In the event of any inconsistency between the FoundValue Privacy Policy and this Terms of Use, the Terms of Use shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this web site. Your continued use of the FoundValue service indicates your acceptance of the amended Terms of Use.

Membership Eligibility

The FoundValue Service is not available to minors under the age of 18 or to any users suspended or removed from the system by FoundValue for any reason. Additionally, users are prohibited from selling, trading, or otherwise transferring your FoundValue account to another party. If you do not qualify, you may not use the FoundValue Service.

Use of Service

Your use of the FoundValue Service is governed by this Terms of Use. FoundValue may refuse service without prior notice to any user for any or no reason. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your log in and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify FoundValue of any unauthorized use of your password or account or any other breach of security. FoundValue cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Termination

You agree that FoundValue may, with or without cause, immediately terminate your FoundValue account and access to the FoundValue Service without prior notice. Without limiting the foregoing, the following will lead to a termination by FoundValue of a user’s use of the FoundValue Service (a) breaches or violations of this Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your FoundValue account includes removal of access to all offerings within the FoundValue Service and may also bar you from further use of the FoundValue Service. Furthermore, you agree that all terminations shall be made in FoundValue’s sole discretion and that FoundValue shall not be liable to you nor any third-party for any termination of your account or access to the FoundValue Service.

User Conduct

You understand and agree not to use FoundValue to:

  • Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
  • Use the FoundValue Service for any illegal purpose, including but not limited to conspiring to violate laws.
  • Falsely state, impersonate, or otherwise misrepresent your identity.
  • Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships.
  • Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Stalk or harass anyone.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the FoundValue Service.
  • Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field.
  • Interfere with or disrupt the FoundValue Service or servers or networks connected to the FoundValue Service, or disobey any requirements, procedures, policies or regulations of networks connected to the FoundValue Service.

Restrictions On Use Of Content

Content made available by FoundValue, such as software, text, graphics, logos, button icons, images and text (collectively, "Content") is the property of FoundValue and/or third parties and is protected by copyrights, trademarks and other intellectual and proprietary rights. All Content is owned by FoundValue and/or its suppliers and is protected by copyright laws and international treaty provisions. All software used on the web site is the exclusive property of FoundValue and/or its suppliers and is protected by copyrights, patents or other intellectual and proprietary rights.

Except as stated herein, no material from any web site owned, operated, licensed or controlled by FoundValue, may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Any unauthorized use of any material contained on the web site may violate copyright laws, trademark laws, and other laws.

International Use

This web site is controlled and operated by FoundValue from its offices in the United States. FoundValue makes no representation that materials on the web site are appropriate or available for use outside of the United States. Those who choose to access the web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, the web site are governed by the laws of the State of California, without giving effect to any principles of conflicts of laws.

Information Provided on this Web Site

In the course of using the FoundValue Service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this web site). You understand that by posting materials on the FoundValue web site or otherwise providing materials to FoundValue, you are granting to FoundValue Incorporated a royalty-free, perpetual, irrevocable license to use this information in the course of offering the FoundValue Service. Furthermore, you understand that FoundValue retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the FoundValue Service is the sole responsibility of the person from which such content originated and that FoundValue will not be liable for any errors or omissions in any content. You understand that FoundValue cannot guarantee the identity of any other users with whom you may interact in the course of using the FoundValue Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.

Linking

Links to third party web sites may be provided on this web site. FoundValue has not reviewed all third party sites and does not control and is not responsible for any of these sites or their content. FoundValue does not endorse or make any representations about such sites, or any information or materials found there, or any results that may be obtained from using them. If you access any third party sites linked to this web site, you do so at your own risk.

User Transmissions

FoundValue is always pleased to receive your comments and suggestions. If you post comments, suggestions, ideas, images, etc. (collectively "Submissions") in response to any content on this web site, you grant us a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media.

Access to Service

Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the FoundValue web site is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this web site. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

FoundValue Communications

In the course of providing you services, FoundValue may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the FoundValue Service, including a series of welcome emails which help inform new users about various features of the FoundValue Service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the FoundValue Service.

Monitoring and Enforcement

While we have the right to monitor activity and content associated with the FoundValue Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our web site, you may be exposed to content that you find offensive or objectionable. You can contact our Support Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the web site.

Fees

Signing up for a basic FoundValue account is free. Certain other services are provided for free only to beta users. FoundValue reserves the right to charge for the FoundValue Service or any portion thereof, modify the pricing of, add to, or discontinue the FoundValue Service or any portion thereof without prior notice.

Indemnification

By accepting this Terms of Use, you agree to indemnify and otherwise hold harmless FoundValue Incorporated, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the FoundValue Service; ii) unauthorized access to or alteration of your communications with or through the FoundValue Service, or iii) any other matter relating to the FoundValue Service. Any business transactions which may arise between users from their use of FoundValue are the sole responsibility of the users involved.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that FoundValue may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Terms of Use, or protect the rights, property, or safety of FoundValue, its users, and the public.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE FOUNDVALUE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT FOUNDVALUE DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. FOUNDVALUE ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. FOUNDVALUE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

FOUNDVALUE MAKES NO WARRANTY THAT (i) THE FOUNDVALUE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE FOUNDVALUE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FOUNDVALUE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE FOUNDVALUE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FOUNDVALUE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOUNDVALUE OR THROUGH OR FROM THE FOUNDVALUE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Entire Agreement

The Terms of Use constitutes the entire agreement between you and FoundValue and governs your use of the FoundValue Service, superseding any prior agreements between you and FoundValue.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FOUNDVALUE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FOUNDVALUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR DAMAGES THAT RESULT IN ANY WAY FROM USE OR INABILITY TO USE THE FOUNDVALUE SERVICE, OR THAT RESULT FROM ERRORS, DEFECTS, OMMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE FOUNDVALUE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL FOUNDVALUE’S TOTAL CUMULATIVE DAMAGES EXCEED US$100.

Governing Law

The Terms of Use between you and FoundValue Corporation will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles.

General Information

Links to third party web sites may be provided on the web site. FoundValue has not reviewed all third party sites and does not control and is not responsible for any of these sites or their content. FoundValue does not endorse or make any representations about such sites, or any information or materials found there, or any results that may be obtained from using them. If you access any third party sites linked to the Site, you do so at your own risk.

FoundValue, the FoundValue logo, and other FoundValue logos and names are trademarks of FoundValue Incorporated. You agree not to display or use these trademarks in any manner without FoundValue’s prior, written permission. The section titles of this Terms of Use are displayed for convenience only and have no legal effect.

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