AND TERMS AND CONDITIONS OF USE
The website content provided on this website (the "Website") is furnished by The Founder’s Club, LLC (“FC”) for general informational purposes only. Use of this website is subject to the disclaimers and terms and conditions below and signifies your agreement to the same. FC reserves the right to change this Disclaimer and the Terms and Conditions of Use, from time to time, in its sole discretion. Your use of this Website after changes are made signifies your agreement to such changes. FC also reserves the right to discontinue any aspect of this website at any time. If you do not agree to the following, please do not use this website.
While FC undertakes reasonable measures to ensure the accuracy of all information posted by FC on this Website, the material contained on this Website may include inaccuracies or other errors and is provided without any representation or warranty whatsoever, including as to accuracy or completeness. By using this Website, you agree that neither FC nor any other party involved in creating, producing or hosting this website shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to or use of the Website.
RESPONSIBILITY OF WEBSITE VISITORS/INDEMNIFICATION.
FC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. FC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. FC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your FC account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by FC if you materially breach this Agreement, any other agreement between you and FC and you fail to cure such breach within ten (10) days from FC's notice to you thereof; provided that, FC can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. FC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
LINKS TO THIRD PARTY WEBSITES AND OTHER INFORMATION ARE PROVIDED SOLELY FOR CONVENIENCE.
Any links to third party websites or third party information are provided solely for the convenience of Website visitors. FC does not endorse or control the content of or access to the linked websites or information and makes no warranty as to the relevancy, accuracy, or completeness of the same and unless specifically stated herein, no affiliation with FC is implied. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which this Website links, and that link to this Website. FC does not have any control over those non-FC websites and webpages, and is not responsible for their contents or their use. By linking to a non-FC website or webpage, FC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FC disclaims any responsibility for any harm resulting from your use of non-FC websites and webpages.
TRADEMARKS AND SERVICE MARKS.
All third party trademarks, logos, service marks, trade names, and company names referenced herein are used strictly for identification purposes only, and are and remain the property of their respective owners. Nothing contained on this website should be construed as granting any license or right to use any registered or unregistered FC mark displayed on this website without the written permission of FC or its affiliates or such third party that may own the applicable mark. Your use of the marks displayed on this Website, or any other content on the Website, except as provided herein, is strictly prohibited. This Agreement does not transfer from FC to you any FC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with FC. FC and this website, logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of FC or FC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any FC or third-party trademarks.
COPYRIGHTS AND DMCA POLICY.
Unless specifically noted otherwise, all content on this Website (including images, music, text, software and other content) is copyrighted by FC or third parties with whom we have a business relationship and may not be used without the permission of FC except as provided in this Disclaimers and Terms and Conditions of Use. As FC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by this Website violates your copyright, you are encouraged to notify FC in accordance with FC's Digital Millennium Copyright Act ("DMCA") Policy. FC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. FC will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of FC or others. In the case of such termination, FC will have no obligation to provide a refund of any amounts previously paid to FC.
DISCLAIMER OF WARRANTIES
The Website is provided "as is". FC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
LIMITATION OF LIABILITY
In no event will FC, or its affiliates, members or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability, tort or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) for interruption of use or loss or corruption of data; or (iii) for any amounts that exceed the fees paid by you to FC under this Agreement during the twelve (12) month period prior to the cause of action. FC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
This Agreement constitutes the entire agreement between FC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of FC, or by the posting by FC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Georgia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Alpharetta, Georgia. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and reasonable attorneys' fees actually incurred. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement. FC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties and their successors and permitted assigns.