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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.
