Update Effective: January 5, 2026
FORFOUNDER TERMS OF SERVICE
IMPORTANT NOTE: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO THE SECTION TITLED “DISPUTE RESOLUTION; ARBITRATION AGREEMENT,” WHICH REQUIRES THAT CERTAIN DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION AND PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION, AS WELL AS THE SECTIONS TITLED “CLASS ACTION WAIVER” AND “JURY TRIAL WAIVER” WHICH CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER FOR NON-ARBITRABLE DISPUTES .
Welcome to ForFounder. These Terms of Service (the “Terms”) govern your access to and use of our (a) websites that link to these terms (including www.forfounder.com) (collectively, the “Website”), and (b) any related software, products, platforms, applications and any other services, features, or content offered or made available by ForFounder (collectively, the “ForFounder Offerings”, and together with the Websites, the “Services”). These Terms are a legal agreement between you and ForFounder Community LLC, domiciled in Delaware, (collectively, “ForFounder,” “we,” “us,” and “our”). All references to “you” or “your,” as applicable, mean the person who accesses or uses the Services in any manner, and each of your heirs, assigns, and successors.
By accessing, using, or interacting with the Services, you are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you must stop accessing or using the Services. Except for Section 11 which provides for binding arbitration and waiver of class action rights, we may revise these Terms, at our sole discretion, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services after any such update constitutes your binding acceptance of such changes, except where applicable law requires additional notice regarding such updates, in which case we will comply with such additional notice requirements.
Certain Services may be subject to additional or separate terms and conditions. If there is a conflict between these Terms and such other terms and conditions, such other terms and conditions shall control.
1. GENERAL.
a. Access and Eligibility. By accessing or using the Services, you accept and agree to be bound and abide by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to be bound by these Terms or any provisions hereof, please do not access or use the Services.
You may only use the Services if you can form a binding contract with ForFounder (either on behalf of yourself or the entity you represent), and only in compliance with the Terms and all applicable local, state, national, and international laws, rules and regulations. You must be over the age of majority in your jurisdiction and a resident of the United States to use the Services. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to do so. You cannot access or use the Services if you are barred from receiving the Services under applicable law or have previously been suspended or removed from the Services.
b. Accounts and Membership Tiers. In order to access and use the ForFounder Offerings, you may be required to register for an account (“Account”) on behalf of yourself and/or on behalf of any entity or individual for which you are registering. You are responsible for ensuring that all required registration information you submit is truthful and accurate, and that your contact information is current.
Your Account may be subject to a specific membership tier, plan or subscription level (each, a “Membership Tier”), which determines the features, functionality and level of access available to you with the ForFounder Offerings. Details about each Membership Tier are described within the ForFounder Offerings or on our Website, which may change from time to time. Access to certain features may require payment of additional fees or agreement to supplemental terms.
You are solely responsible for maintaining the confidentiality and security of your Account login information. You agree not to share your login credentials or access to your Account with anybody or to create more than one account. We are not liable for any losses incurred by you or any party as a result of unauthorized use of your Account. You agree to notify us immediately of any unauthorized use of your Account.
We reserve the right to close, suspend or limit access to your Account and/or the Services in the event that, in our sole discretion: (i) we are unable to obtain or verify your identity or eligibility; (ii) the security of your Account has been compromised; or (iii) your Account has been, or is reasonably suspected to have been, used in a nefarious manner.
c. Member Content. Our Services display some content that we did not create and do not own. This content is the sole responsibility of the entity or person that makes it available. We assume no liability for the conduct of third parties, including persons or entities with which you communicate using the ForFounder Offerings.
In using the ForFounder Offerings, you may submit, display, post or otherwise make available through the ForFounder Offerings certain content, including without limitation, data, designs, photographs, descriptions, postings, reviews, ratings, text, art, audio, video, graphics, images, information and other materials (collectively, “Member Content”). You are solely responsible for any Member Content that you make available through the ForFounder Offerings, including any necessary third-party rights in the Member Content. We reserve the right to pre-screen any Member Content before its appearance on the ForFounder Offerings, and may forbid or prevent you from posting, uploading, storing, sharing, sending or displaying such Member Content to and through the ForFounder Offerings at any time. We may, in our sole discretion, reject, move, edit, or remove any Member Content that is submitted to the ForFounder Offerings for any reason whatsoever, including without limitation, Member Content that violates these Terms.
You represent and warrant that you have all rights and authority necessary to provide Member Content through the ForFounder Offerings without violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You shall be solely responsible for making any required notices (including without limitation any privacy notices required by applicable local, state, federal, and international laws and regulations) and for obtaining any required consents sufficient to authorize ForFounder’s performance of its obligations and exercise of its rights as set forth in these Terms.
Without limiting the generality of the foregoing, you agree that any ratings, references and reviews you submit are your own and do not reflect the views of ForFounder, and all of your submissions must be: (a) based upon your first-hand, actual experience with the entities or individuals you rate, reference, and/or review; (b) substantive, truthful, accurate, and complete; (c) free from any actual or apparent conflicts of interest; and (d) provided free of any compensation or incentive provided or offered by any third party, including the entity or person about whom you are providing a rating, reference, or review.
d. Use of AI. Some of our ForFounder Offerings have features and functionality powered by third-party AI providers (“AI Features”). You understand and agree that content or responses generated by AI Features may contain inaccuracies and should never be relied upon without independent verification. We do not control the content or responses provided by AI Features and make no representations or warranties about the accuracy or completeness of such content or responses (or the sites and sources accessed through such content or responses). You also agree not to enter sensitive personal information into any AI-powered query.
2. COMMUNITY FEATURES.
a. Connecting with other Users. The ForFounder Offerings may have features designed to connect its paying community members (each, a “Member”), such as a forum or messaging feature (e.g., Slack). As a neutral facilitator of such connections, ForFounder may not be directly involved in the actual interactions between Users. As a result, ForFounder has no control over the truth, accuracy, quality, legality or safety of postings or messages made between Members, including any Member Content. ForFounder is not responsible to confirm the identity of Members or any information about themselves that they submit. You should exercise common sense and good judgment when interacting with other Members.
b. Community Features. If you access or use any community, forum, messaging, or collaboration features made available through the ForFounder Offerings (collectively, the “Community Features”), you agree to comply with ForFounder’s Community Guidelines, which may be updated from time to time and are incorporated by reference herein. You are responsible for all content, messages, or materials you submit, post, or share through the Community Features, and you must not use them in any manner that is unlawful, abusive, harassing, defamatory, infringing, or otherwise inconsistent with the Community Guidelines. ForFounder reserves the right, in its sole discretion, to remove any content, restrict participation, or suspend or terminate access to the Community Features (or to the ForFounder Offerings generally) if we determine that a user has violated these Terms or the Community Guidelines.
3. MEMBERSHIP FEES AND SUBSCRIPTIONS.
a. Membership Fees. Certain features or access levels within the ForFounder Offerings are available only through paid Membership Tiers, which may include one-time fees or recurring subscription fees. The pricing, billing frequency and features associated with each Membership Tier will be made clear to you during the order process. By selecting a Membership Tier, you agree to pay all applicable fees associated with that tier.
b. Payment. To use any ForFounder Offerings that require payment, you must provide us with a valid form of payment, and you authorize us to charge such form of payment (and any subsequent payment methods you provide) in connection with your one-time purchase or subscription. All fees will be payable in accordance with our policies in effect at the time the fee becomes payable.
c. Billing. If you purchase a membership subscription, you are enrolling in an automatically-renewing subscription requiring a recurring payment plan. Your subscription will continue for the period of time of the subscription plan that you selected and will automatically renew until terminated. You must cancel your subscription at least 24 hours prior to the end of your current subscription period in order to avoid billing of the subscription fees for the next billing cycle. Your billing will include your subscription fees and any applicable taxes and transaction fees. We may receive updated credit card information (new credit card number or updated expiration date) from your credit card issuer and may use these new details in order to help prevent any interruption to your subscription. If you would like to use a different payment method or if there is a change in payment method, please visit your account settings to update your billing information. If any subscription fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your access to the ForFounder Offerings or cancel your subscription. You will be responsible for paying all past due amounts.
b. Free or Reduced Price Trial. If the ForFounder Offerings are offered as a paid subscription, your use of the ForFounder Offerings may start with a free or reduced price trial period. Any trial period is at the sole discretion of ForFounder, and we may limit eligibility or duration to prevent misuse. We reserve the right to terminate any trial period at any time. We may charge you a full subscription fee upon expiration of your trial period. To view the subscription price, please access your account information when you login for the ForFounder Offerings.
c. Cancellation. You can cancel your subscription at any time through the settings in your account. When you cancel a paid subscription, you cancel only future charges associated with your subscription, but the cancellation will become effective at the end of your current subscription period. In order to avoid future charges, you must cancel your subscription at least 24 hours prior to the end of your current subscription period. If you cancel, your right to use the subscription ForFounder Offerings will continue until the end of your then-current subscription period and will then terminate without further charges.
d. No Refunds. EXCEPT AS OTHERWISE STATED HEREIN OR REQUIRED BY APPLICABLE LAW, YOUR PAYMENT IS NONREFUNDABLE. If you cancel your subscription, you will not receive any refund and you will continue to have access to the subscription services through the end of the subscription period. We reserve the right to issue refunds, credits, or discounts at our sole discretion. If we issue a refund, credit, or discount, we are under no obligation to issue the same or similar refund in the future and we may terminate your subscription and access to the ForFounder Offerings.
e. Suspension and Termination. We may terminate these Terms at any time. We may also suspend or terminate your subscription or the ForFounder Offerings at our sole discretion for any reason or no reason and without any notice. We may do so, for example, for any conduct that ForFounder, in its sole discretion, believes violates any applicable law, violates these Terms or is otherwise harmful to the interests of ForFounder. If we terminate your subscription, we may, in our sole discretion, give you a prorated refund based on the amount of time remaining that you cannot use; provided, however, that we will not be obligated to grant you a refund if we terminate your Member Account or your subscription because we determine, in our sole discretion, that your actions or your use of the ForFounder Offerings violate these Terms, our Privacy Policy, our Community Guidelines, any applicable law, or has harmed another user of the ForFounder Offerings.
f. Changes to Subscription or Services. We may change the subscription terms or subscription fees at any time on a going forward basis in our discretion. If the pricing for your subscription increases, we will notify you and provide you an opportunity to change your subscription before applying those changes to your account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a subscription. Your continued use of the ForFounder Offerings after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may cancel your subscription. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward.
4. INTELLECTUAL PROPERTY.
a. Use of the Website. If you are a non-paying user of our Website (each, a “User”), you may browse and use the Website for informational and lawful purposes only, subject to the terms and conditions herein.
b. License Grant. Subject to the terms and conditions herein and any restrictions associated with your membership tier, if you are a Member, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view and use the ForFounder Offerings solely for the permitted uses described herein. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.
b. Intellectual Property Ownership. As between you and ForFounder, the Services, including without limitation any content (excluding Member Content), data, organization, graphics, design, compilation, magnetic translation, sound, artwork, computer code, digital conversion, logos, names, patents, trademarks, service marks, product and service names, slogans, copyrights, and all the intellectual property rights therein or relating thereto, are and shall remain the exclusive property of ForFounder, its affiliates or licensors (as applicable). Nothing in these Terms shall be interpreted to provide you with any rights in the foregoing, except the limited rights to use the Services expressly set forth herein.
c. License to Member Content. When you submit Member Content to or through the ForFounder Offerings, you grant ForFounder a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, cache, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such Member Content, in whole or in part, in any format or medium now known or hereafter devised, without compensation to you, for any purpose including without limitation for promoting and redistributing part or all of the ForFounder Offerings (and derivative works thereof). Notwithstanding the foregoing, to the extent such Member Content contains any information that identifies a specific business or individual as its source, and unless you otherwise consent to disclosure of your information, ForFounder will use commercially reasonable efforts to de-identify such information before distributing, reproducing, publishing and/or using it in user-facing features within the Share and Seek functions of the ForFounder Offerings. For the avoidance of doubt, the foregoing license does not grant ForFounder the right to use the Member Content in any manner that discloses the identity of the user or submitting entity, except with your express written consent or as required by law.
d. Feedback. From time to time, you may provide us with comments, suggestions, or ideas for enhancements, improvements, changes, or additions to the Services or our business in general, including ideas for new features, materials, and other content (“Feedback”). By providing us Feedback, you grant to us exclusive ownership of the Feedback and of all intellectual property rights and other rights in it, and you will provide us with reasonable cooperation in documenting this grant. ForFounder has no obligation to do anything with Feedback, but we will have the full, worldwide, unencumbered right to use, incorporate, and otherwise fully exercise and exploit any such Feedback via all forms of media, distribution methods, and technology now known or later developed, for any purposes, commercial or otherwise, and to transfer or license our rights in the Feedback, without notice, acknowledgement or compensation to you.
5. PROHIBTED USES. In using the Services, you agree that you shall not, and shall not encourage, assist or enable any other third party to: (i) reproduce, duplicate, modify, copy, adapt, distribute, transmit, display, sell, rent, lease, loan, transfer, publish, create derivative works from or otherwise exploit for any purpose the content, software, products, services or data found in or on the Services; (ii) alter or tamper with any materials on or associated with the Services; (iii) engage in any activity that could cause us to violate any applicable law, statute, ordinance, or regulation; (iv) engage in any conduct that is fraudulent, inaccurate, infringing, libelous, defamatory, abusive, offensive, disparaging, obscene, or otherwise violates any law or right of ForFounder, its users, or any third party, including privacy rights, copyrights, or other intellectual property rights; (v) submit, send, post, upload or otherwise make available unsolicited or unauthorized advertising or commercial communications, such as spam, advertising, promotional materials, junk mail, chain letters or any other form of solicitation; (vi) attempt to circumvent any technological measure implemented by use or any of our providers or any other third party (including another use) to protect or restrict access to the Services; (vii) attempt to decipher, remove, decompile, disassemble or reverse engineer any software or other underlying code in the Services, or use any network monitoring or discovery software to determine the Services architecture; (viii) remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services, or on any materials printed or copied from the Services; (ix) use any robots, spiders, scrapers or any other automated means to access the Services for any purpose; (x) take action that imposes, or may impose, in the discretion of ForFounder, an unreasonable or disproportionately large load on ForFounder's infrastructure; (xi) collect or harvest, including by means of spidering or use of spyware, any data (including personally identifiable information) from the Services; (xii) resell or make any commercial use of the Services except as authorized hereunder without our prior written consent; (xiii) impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (xiv) disrupt, overwhelm, attack, modify or interfere with the proper working of the Services, or impede or interfere with others’ use of the Services; (xv) access any content on the Services through any technology or means other than those provided or authorized by the Services; (xvi) transmit any viruses, malicious code or other computer instructions or technological means whose purpose is to disrupt, damage or interfere with the use of computers or related systems; (xvii) use or submit any content on the Services, including any Member Content, in any manner that may infringe intellectual property rights, proprietary rights, or property rights of us or any third party, or that would violate any contractual commitment to any third party; (xviii) access the Services to build a similar or competitive website, application, product, or service; or (xix) use the Services in any way except as permitted by these Terms.
6. PRIVACY. For information about our data practices, including our collection and use of your information, please see our Privacy Policy. Our Privacy Policy applies to your use of the Services and is incorporated by reference into these Terms.
7. WARRANTY DISCLAIMER. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, AND FORFOUNDER HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FORFOUNDER, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (iii) THE SERVICES ARE FREE OF ERRORS; (iv) THE FUNCTIONS OR FEATURES OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (v) DEFECTS WILL BE CORRECTED, OR (vi) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FORFOUNDER MAKES NO WARRANTY THAT IT WILL UPDATE OR CONTINUE TO OFFER OR MAKE AVAILABLE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY PARTICULAR WEBSITE OR FORFOUNDER OFFERING FOR ANY PARTICULAR LENGTH OF TIME. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU.
8. THIRD-PARTY CONTENT. The Services may contain links to third-party materials that are not owned or controlled by ForFounder. ForFounder does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Services or share your information or data on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and ForFounder's Privacy Policy do not apply to your use of such sites. You expressly relieve ForFounder from any and all liability arising from your use of any third-party website, service, or content, including without limitation content, data, information and/or materials submitted by other users. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that ForFounder shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
9. INDEMNIFICATION. To the fullest extent permitted by law, you agree to indemnify, defend, and hold ForFounder and its respective officers, directors, employees, shareholders, and representatives (and all successors and assigns of any of the foregoing), harmless from and against any third-party claim or demand, including without limitation, reasonable lawyers’ fees and disbursements, in connection with or arising out of (i) your use of the Services, (ii) your violation of the Terms (including the Community Guidelines) or any applicable law or regulation, (iii) your submission, posting, or transmission of Member Content to the ForFounder Offerings (including any reviews or references of entities or individuals), and/or your violation of any rights of another person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold Members and their respective officers, directors, employees, shareholders, and representatives (and all successors and assigns of any of the foregoing), harmless from and against any claim or demand, including without limitation, reasonable lawyers’ fees and disbursements, in connection with or arising out of (i) their use of the Services, (ii) your violation of the Terms (including the Community Guidelines) or any applicable law or regulation, (iii) their submission, posting, or transmission of Member Content to the ForFounder Offerings (including any reviews or references of entities or individuals).
11. LIMITATION OF LIABILITY.
a. TO THE MAXIUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FORFOUNDER OR ITS AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, DAMAGE TO ANY COMPUTER OR DEVICE, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR ANY CONTENT, OR ANY LINK OR CONNECTION PROVIDED BY THE SERVICES, WHETHER OR NOT FORFOUNDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FORFOUNDER, ITS AFFILIATES, AGENTS AND/OR EMPLOYEES BE LIABLE TO YOU FOR ANY CLAIMS, LIABILITIES OR DAMAGES HEREUNDER IN AN AMOUNT EXCEEDING THE AMOUNT PAID BY YOU TO FORFOUNDER DURING THE TWELVE (12) MONTH PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR THE DURATION OF YOUR USE OF THE SERVICES, WHICHEVER IS SHORTER
c. THE FOREGOING LIMITATIONS ARE FUNDAMENTAL AND MATERIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FORFOUNDER AND YOU AND WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
12. MODIFICATION, SUSPENSION & TERMINATION.
a. Modification of Services. Except as prohibited by applicable local legal requirements, we reserve the right to modify or discontinue the Services (or any portion thereof), temporarily or permanently, for any reason whatsoever, with or without notice. ForFounder shall not be liable to you or any for any such modification, suspension or discontinuance of the Services.
b. Suspension & Termination. We may, in our sole and absolute discretion, terminate, suspend, or otherwise deny your access to all or part of the Services at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Services, these Terms will terminate and all rights granted to you herein with respect to the Services will immediately terminate; however, certain provisions of these Terms will still apply after termination. Termination of your use or access to the Services may also include, at ForFounder’s sole discretion, the deletion of your Account and/or Member Content. Notwithstanding the foregoing, upon such termination, ForFounder reserves the right to archive your Account and/or retain Member Content to the extent necessary to comply with legal and/or audit requirements or other applicable data retention policies; provided, however, that any retained Member Content will be held in accordance with ForFounder’s confidentiality obligations herein.
13. DMCA NOTICE. We respect the intellectual property of others, and we ask you to do the same. It is not our intent to infringe on the intellectual property rights of others, and we will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). If you believe that your Member Content has been copied in a way that constitutes copyright infringement, please provide us with a written notice (“DMCA Notice”) with the following information:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit ForFounder to contact you, such as your address, telephone number, and e-mail address;
5. A statement 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 law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
You can submit a DMCA Notice to use directly by emailing us at info@forfounder.com with the subject line “COPYRIGHT INFRINGEMENT”. Please note that we may request additional information before removing any allegedly infringing material.
We may notify you if we receive a DMCA Notice about Member Content that you have submitted to the Services. If you receive a notification that you are allegedly infringing on another’s copyright, you may file a responsive notice (“Counter-Notice”). We will review all DMCA Notices and Counter-Notices in an objective manner. If we determine that the DMCA Notice is valid, we may remove the infringing material. If we determine that your Counter-Notice is valid, we will remove the complaint and take no further action regarding your Account.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL (IN A DMCA NOTICE OR COUNTER-NOTICE) IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying ForFounder and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with ForFounder’s rights and obligations under the DMCA, including 17 U.S.C. §512, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
14. DISPUTE RESOLUTION; ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS—INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO ARBITRATION) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS OR REPRESENTATIVE ACTION.
14.1 Informal Dispute Resolution. Most disputes between you and ForFounder arising from or relating to the Services or these Terms of Use (“Disputes”) can be resolved informally, so if you have an issue with the services, you agree to reach out to us before initiating a lawsuit or arbitration, except as set forth in the Exceptions paragraph below (“Informal Dispute Resolution”). This requires emailing info@forfounder.com a written notice (“Written Notice”), which must include: (1) your name; (2) the email address(es) associated with your relationship with ForFounder; (3) a detailed description of the issue; and (4) how you’d like to resolve it. You must engage in this informal resolution process before starting any formal dispute resolution unless exempted by law. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled upon receipt of the Written Notice to info@forfounder.com, while the parties attempt informal resolution.
The Written Notice must be provided on an individualized basis and you and ForFounder agree to personally meet and confer, via telephone or videoconference, to attempt to resolve the Dispute. If either party is represented by counsel, that party’s counsel may participate in the conference, but the party shall also personally attend the conference, unless one party states in writing that the other party is not required to personally attend.
If the dispute is not resolved within sixty (60) days after receipt of the Written Notice, you and ForFounder agree to resolve any remaining dispute through further informal discussions or one of the formal dispute resolution provisions below.
14.2 Agreement to Arbitrate. If Informal Dispute Resolution fails, then either party may initiate binding arbitration as the sole means to resolve Disputes, subject to the provisions following this header through and including the paragraph titled “Changes to this Arbitration Agreement” (collectively, the “Arbitration Agreement”).
The parties agree that this Arbitration Agreement is made pursuant to a transition in commerce and is governed by the Federal Arbitration Act (“FAA”). The arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”). If JAMS is not available to arbitrate, the parties will mutually agree on an alternative arbitration provider.
In accordance with the notice and opt-out provisions set forth herein, this Arbitration Agreement is intended to be interpreted broadly and it applies to all Disputes between you and ForFounder, including but not limited to (1) claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement, or any prior agreement; and (2) claims that may arise after the termination of this Arbitration Agreement. This Arbitration Agreement supersedes any prior arbitration agreement between ForFounder and you.
Except as set forth in the paragraph below titled “Exceptions to Informal Dispute Resolution and Arbitration Agreement,” the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes. You and ForFounder further agree that arbitrable Disputes include but are not limited to issues arising out of or relating to the interpretation, applicability, enforceability, formation, or performance of this Arbitration Agreement, including, but not limited to, any claim that all or any part of these terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees.
14.3 WAIVER OF RIGHTS INCLUDING JURY TRIAL.
THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE ANY DISPUTE, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS AND ARBITRATION AGREEMENT, YOU AND FORFOUNDER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.4 CLASS ARBITRATION AND COLLECTIVE RELIEF WAIVER.
YOU AND FORFOUNDER ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS PROVIDED HEREIN BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION (INCLUDING, WITHOUT LIMITATION, ANY PRIVATE ATTORNEY GENERAL ACTION), AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM; NOTWITHSTANDING THIS ACKNOWLEDGEMENT, YOU AGREE THAT ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF FORFOUNDER PROVIDES ITS CONSENT TO CONSOLIDATE IT IN WRITING.
With the exception of the paragraph titled “Class Arbitration and Collective Relief Waiver” and the paragraph titled “Mass Filings,” if any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision(s) were not contained herein. If, however, the paragraph titled “Class Arbitration and Collective Relief Waiver” and the paragraph titled “Mass Filings,” are found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor ForFounder shall be entitled to arbitrate the dispute in question.
This provision does not prevent you or ForFounder from participating in a class-wide settlement of claims.
14.5 Arbitration Rules. Except as modified by this Arbitration Agreement, JAMS will administer the arbitration in accordance with, as applicable, the JAMS Comprehensive Arbitration Rules and Procedures, Streamlined Arbitration Rules & Procedures, Mass Arbitration Procedures and Guidelines in effect at the time any demand for arbitration is filed with JAMS, excluding any rules or procedures governing or permitting class or representative actions. The applicable JAMS rules and procedures are available at https://www.jamsadr.com/adr-rules-procedures/.
Except where prohibited by applicable law, the arbitrator shall apply the law of the state of Delaware without giving effect to any law that would result in the applicable of the law of any other jurisdiction. You and ForFounder agree that dispositive motions will be allowed in the arbitration.
If the amount in controversy is less than $10,000, then the arbitration will be conducted solely on the basis of written materials that you and ForFounder submit to the arbitrator, unless (i) the arbitrator determines that a hearing is necessary; (ii) applicable law requires otherwise; or (iii) the parties agree otherwise. If the amount in controversy exceeds $10,000, either party may request (or the arbitrator may determine) to hold a hearing.
14.6 Arbitration Demand. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to the Terms of Use. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements.
14.7 Arbitration Fees. Each party is responsible for its own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties agree that JAMS has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under JAMS’ Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
14.8 Arbitration Location. The arbitration proceedings will presumptively be held via video- or telephone-conference unless (A) the arbitrator determines there is good cause to hold an in-person hearing or (B) the parties agree otherwise. Except as otherwise provided in the paragraph titled “Mass Filings” or unless you and ForFounder agree otherwise, in the event there is an in-person proceeding: if you live in the United States, any in-person proceedings will take place in the county of your primary residence or, if no arbitrator is available in that county, then at the closest arbitration location available in the state or if you live outside the United States, to the extent permissible in your country, any in-person proceedings will take place in Wilmington, Delaware.
14.9 Mass Filings. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to JAMS (or another arbitration provider selected in accordance with the provisions set forth herein if JAMS is unavailable) against ForFounder within reasonably close temporal proximity (“Mass Filing”), the parties agree, subject to the provisions of this “Mass Filings” paragraph: (A) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (B) to designate one arbitrator for all demands in each batch; (C) to accept applicable fees, including, without limitation, any related fee reduction determined by JAMS (or another arbitration provider selected in accordance with the provisions set forth herein if JAMS is unavailable if JAMS is unavailable) in its discretion; (D) that fees associated with a demand for arbitration included in a Mass Filing, including, without limitation, fees owed by ForFounder and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (E) that the staged process of batched proceedings, with each set including 100 demands proceeding through filing, processing and adjudication, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.
Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable JAMS rules and procedures for such selection, and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by law exceed those provided for in the JAMS rules. In accordance with applicable law and to the extent an in-person proceeding is deemed necessary by the arbitrator or mutual party agreement, the arbitrator will determine the location where the proceedings will be conducted.
You agree to cooperate in good faith with ForFounder and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including, without limitation, the payment of combined reduced fees, set by JAMS in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 100 cases too small for the prompt resolution of all filed claims, you and ForFounder agree that JAMS may increase or decrease the batch size, transfer a case between batches, or proceed with adjudication of more than one (but no greater than five) batches at a time as determined in the reasoned discretion of the JAMS procedural arbitrator, following the input of the parties. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a JAMS procedural arbitrator.
This “Batching” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of JAMS’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind.
The results of the first completely adjudicated batch of demands in a Mass Filing will be given to a JAMS mediator selected from a group of five mediators proposed by a JAMS, with ForFounder and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators. The highest collectively ranked mediator will be selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. ForFounder, the remaining claimants, and their counsel, and the mediator will then have 90 days (the “Mediation Period”) from the date the results are provided to the mediator to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either ForFounder or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither ForFounder nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.
14.10 Arbitrator’s Authority and Arbitration Award. The arbitrator shall be empowered under this Arbitration Agreement to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the arbitration provider’s rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with this Arbitration Agreement or the Informal Dispute Resolution Process.
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the Terms of Use, including but not limited to the paragraphs titled “Class Arbitration and Collective Relief Waiver” and “Limitation of Liability” as to the types and the amount of damages or other relief for which a party may be held liable.
Except for decisions in arbitrations that are joined together in a single batch, no arbitration award or decision will have any preclusive effect, except to preclude the same or similar claims and issues addressed by the award from being re-arbitrated between the same parties. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.
14.11 Exceptions to Informal Dispute Resolution and Arbitration Agreement. Notwithstanding the parties’ agreement to resolve all disputes through the Informal Dispute Resolution process and, if necessary, binding arbitration:
· Either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret (and any motions to enforce such proceedings) shall be exclusively brought in the state and federal courts located in the City and County of Wilmington, Delaware.
· Either party may elect to have disputes or claims resolved in a small claims court regardless of what forum the filing party initially chose, provided the disputes or claims are within the scope of that court’s jurisdiction. Judgments of small claims courts may be enforced as set forth in the rules of such court.
· Either party may apply to any court of competent jurisdiction for a provisional remedy in connection with an arbitrable controversy, including without limitation injunctive relief.
· Either party may elect to have disputes regarding whether a complaining party has satisfied the Informal Dispute Resolution procedures resolved by a court as a precursor to arbitration.
14.12 30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the Arbitration Agreement by sending written notice, signed by you, of your decision to opt-out to the following address: info@forfounder.com. The notice must be sent within 30 days of your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of the Arbitration Agreement. If you opt-out of the arbitration provisions, ForFounder also will not be bound by them.
If you opt out of the Arbitration Agreement, you may exercise your right to a trial by judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, you will not be opting out of any other provisions of this Terms of Use and you agree to be bound by all other provisions of these terms, which shall remain in effect as allowable by law.
14.13 Changes to this Arbitration Agreement. ForFounder will provide 30 days’ notice of the date of any material changes to this Arbitration Agreement. Changes will become effective on the 30th day and apply to all claims not yet filed, regardless of when they accrued. If you consent to these terms on or before the 30th day or continue to use the Services after the 30th day, you agree that any unfiled claims of which ForFounder does not have actual notice under the Informal Dispute Resolution process are subject to the revised clause. If ForFounder changes this Arbitration Agreement after the date you first accepted it (or accepted any subsequent changes to the agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of this Arbitration Agreement by emailing an opt-out notice to info@forfounder.com before the 30-day period expires.
15. CLASS ACTION WAIVER.
YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND FORFOUNDER THAT IS NOT SUBJECT TO ARBITRATION FOR ANY REASON MAY ONLY BE PURSUED BY YOU ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
16. JURY TRIAL WAIVER.
IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND FORFOUNDER AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND FORFOUNDER UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF THE SERVICES.
17. MISCELLANEOUS.
a. Entire Agreement. These Terms constitute the entire agreement between you and ForFounder, and supersede any prior and contemporaneous agreements between you and ForFounder on the subject matter.
b. Force Majeure. Under no circumstances will ForFounder be liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
c. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services, or the Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
d. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and ForFounder’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
e. Severability. Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect. In the event that any provision is deemed unlawful or unenforceable, you and ForFounder agree that such provision shall be modified or amended by the court or relevant authority to the extent necessary to render it enforceable, in accordance with the intent of the original provision. The modified provision shall be interpreted so as to reflect the original intent of the parties as closely as possible, while remaining compliant with applicable law.
f. Third-party beneficiaries. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
g. No agency. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms, and you shall have no right or authority to assume or create any obligations or to make any representations on behalf of ForFounder, or to bind ForFounder in any respect
h. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of ForFounder. The Agreement may be assigned by ForFounder without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
i. Electronic processing. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.
j. Headings. Headings and subheadings in these Terms are for convenience only and have no legal or contractual effect.
k. Survival. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive
l. Notification Procedures. ForFounder may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. By way of example only, such communication may be a general notice via the Services or via email to the email address associated with your Member Account. It is your obligation to update your Member Account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given 7 days after dispatch.
18. CONTACT US. If you wish to contact us or have any questions or concerns related to these Terms or your use of the Services, please (1) email us at info@forfounder.com.