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Terms of Service

Last updated – September 2020

Please read these terms of service (“Terms”) carefully. These Terms are between you and Foundation Labs, Inc. (“Foundation”) concerning your use of Foundation’s site, currently located at withfoundation.com (the “Site”).

By using the Site, you agree to these Terms.

What is Foundation?

Foundation is a platform for artists, brands, and designers (“Creators”) to sell limited edition, dynamically priced products. When you purchase or pre-purchase a product on Foundation, you will receive cryptocurrency represented on the Ethereum blockchain (“Token”) which can be traded with other Foundation users. While Foundation offers the marketplace for Tokens, it does not buy or sell Tokens itself or engage in activity that would directly impact the price of Tokens. Foundation cannot guarantee delivery of products from Creators or that you will be able to sell Tokens for a price above the purchase price. The price of Tokens are subject to market forces, meaning that greater demand will increase the price, and vice versa. While the market for Tokens operates like a stock exchange, Foundation is not an actual stock exchange. The Ethereum blockchain will provide an immutable ledger of all transactions that occur on Foundation.

How do I use Foundation?

You can browse Foundation without registering for an account. But to purchase a product and receive a Token, you will need to register by entering your email. If you purchase a Token for a product that is not completed, you will be notified when the product is completed. When the product is completed, you will be able to redeem the Token and then the product will be shipped to you.

What are the Rules for Using Foundation?

When using Foundation please do not:

  • Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, scareware, or malware.

  • Use the Site to transmit through or in connection with the Site, any spam, or other unsolicited communications.

  • Interfere with or disrupt the operation of the Site.

  • Restrict or inhibit any other person from legal use of the Site.

  • Reverse engineer, decompile or disassemble any portion of the Site, except to the extent such restriction is expressly prohibited by applicable law.

  • Remove any copyright, trademark or other proprietary rights notice from the Site.

  • Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without Foundation’s express prior written consent.

  • Systematically download and store Site content.

  • vUse any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without Foundation’s express prior written consent.

  • Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in any jurisdiction the Site operate; publish, distribute or disseminate any unlawful material or information.

What does Using Foundation mean?

License.  Foundation grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site and related content, materials, information (collectively, the "Content") solely for your own personal, noncommercial use. Any other use of the Site or Content is expressly prohibited and all other right, title, and interest in the Site or Content is exclusively the property of Foundation and its licensors.

Certain Restrictions.  The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site or services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  

Modification.  Foundation reserves the right, at any time, to modify, suspend, or discontinue the Site and the services (in whole or in part) with or without notice to you.  You agree that Foundation will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.• Site and Service Availability. Foundation will make reasonable efforts to provide the Site and the services on a twenty-four (24) hours a day, seven (7) days a week basis. • Customer Support. The Site is provided “as-is.”  However, we are happy to discuss any challenges or questions you may have about the services or the Site and may offer assistance on a case-by-case basis. If you have questions about any aspect of the Site you can send an email to hello@withfoundation.com.  Ownership.  You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Foundation or Foundation’s suppliers.  

What About My Privacy?

Our privacy policy is a part of these Terms. Please review the Foundation Privacy Policy, which also governs the Site and informs users of our data collection practices. 

Where is Foundation Liable?

We have put in a great deal of effort to deliver you Services that we hope you find valuable, but there are certain things we can’t promise about them. You expressly acknowledge and agree that your access to and use of the Site is at your sole risk.  

To the fullest extent permitted by law, in no event will Foundation be responsible to you for any: (1) financial losses, including from a decrease in Token price, or non-delivery of a product by a Creator; (2) loss of use, data, business or profits; or (3) indirect, special consequential, exemplary, or punitive damages. This will be whether or not the Foundation warned of the possibility of such damages. Notwithstanding anything to the contrary in these terms, nothing in these terms excludes or limits liability for fraud, fraudulent misrepresentation, or for death or personal injury caused by gross negligence.

You agree to defend, indemnify and hold harmless Foundation, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to any use of the Site's content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Site.

What is the Governing Law and Venue?

These Terms and your access to and use of the Site will be governed by the laws of the State of California, U.S.A., without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in San Francisco County, California.

Can Foundation Change these Terms?

We reserve the right to change these Terms at any time upon notice. We may give notice by posting the updated Terms on the Site or by any other reasonable means. You can review the most current version of these Terms at any time. The Terms in effect at the time of your use of the Site apply. Your continued use of the Site after the date of the updated Terms will constitute your acceptance of the updated Terms.  

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