This is a legally binding and enforceable agreement – please read carefully.
Anyone using this Website is subject to these Terms of Service. Access to most of the Website is restricted to those who have gone through a process of requesting access and selecting a tier of participation that resonates with them. Whether you choose to request access to the Website or not, your continued visits to and or use of the Website after changes are posted to these Terms of Service will signify your acceptance of those changes.
We may modify, replace, refuse access to, suspend or discontinue the Website, or various of its features and functions, partially or entirely, or to change and modify terms of this Agreement or any other terms concerning use of the Website at any time and from time to time, without notice in our sole discretion. All of these changes shall be effective upon their posting on our Website or by email communication to you. We reserve all rights not expressly granted to you under this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in and all related items.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version https://www.foundationsoffreedom.com/terms-of-service/). We may, in our sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
The Content of the pages of the Website is for your general information and use only and is subject to change without notice. You may not replicate or otherwise make use for any purpose other than your own purposes within the Website, except for that Content that is marked “shareable.”
The Website may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the Content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve us from any and all liability arising from your use of any third-party website.
We and our participants will make reasonable efforts to verify the truth and accuracy of the Content on the Website; however, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and Content found or offered on the Website for any particular purpose. You acknowledge that such information and Content may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or Content on the Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Website meet your specific needs.
You understand that when joining or signing up you have provided us with certain contact information and that by doing so and providing such contact information you are expressly opting-in and agree to receive from us, from time to time, communications, messages and other notifications both within the Website, but also directly to you outside the Website using such contact information, including emails, texts, or other notifications and that some of such methods may subject you to charges or assessments by your service providers.
These Terms of Service apply to all users of the Website, including users who are also contributors of Content on the Website. “Content” includes the text, software, scripts, graphics, photos, sounds, music, audio, podcasts, videos, audiovisual combinations, interactive features and other Content you may view on, access through, or contribute to the Website and includes, without limitation, any content, ideas, concepts, techniques and data communicated, disclosed or distributed on, in or through the Website.
- Website Eligibility. To use the Website, you agree that: (1) you are at least 18 years of age; (2) you will only have one FOF account, which must be in your real name; (3) you have not previously been suspended or removed from FOF and are not restricted by FOF from using the Website, (4) you are not a person who opposes any of the Shared Foundational Values (set forth below), nor are you using this Website with the intent to harm or injure any person or entity in any way or to cast any such person or entity in a negative light; (5) you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party, and (6) you agree to pay an annual access fee (the “Annual Accesss Fee”) which provides you with basic access (“Basic Access”) to the Website. In addition to the Annual Access Fee, there are or may be various other levels (collectively, including Basic Access, the “Tiers” and each a “Tier”) that you may opt in for which are or may provide premium access to additional products, services or experiences not available to those with Basic Access. Access to the Website requires you select a Tier of participation and pay the access fees attributable to such Tier. All access fees for any Tier are subject to modification from time to time.
Shared Foundational Values: FOF established the website as a Peer-to-Peer Strategic Collaboration Engine with the following Mission built on the following Values (FOF’s “Mission and Values”):
FOF’s “Mission” is to galvanize the those who share our Values and restore the promise of America by:
- Empowering allies and galvanizing networks
- Equipping and connecting servant leaders
- Deploying capital and mobilizing volunteers
FOF is built on the following “Values”: Freedom of Speech • Unrestricted Exercise of Religion and Free Assembly • Accountability to The Rule of Law with Due Process • Fundamental Societal Morality Based on Judeo Christian Principles • Support for the Traditional Family Structure • The Value and Sanctity of Human Life • Unity, Diversity and Civility • The Moral and Practical Education of Our Youth • Industrious, Resilient and Engaged Citizenry • Retention of Our National History and Traditions • The Spirit of Philanthropy and Volunteerism
- Your information. You affirm and agree that any and all information you provide to us is true, accurate and current. You further agree to inform us in the event that any such information has changed since your registration with us. You agree to keep all information (including your contact information) on your profile up to date. There are several Do’s and Don’ts set forth and provided throughout the terms of Website related to your profile, each of which is incorporated herein by this reference.
- Password and Account Responsibility. You agree to keep your password secure and a secret. Your account belongs to you and you are responsible for your account and anything that happens through your account, unless you close it, until you notify us of a breach (Legal@foundationsoffreedom.com), or you prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your account or any information therein to another party or charging anyone for access to any portion of the Website or any portion of its Content, or any information therein. You agree not to share an account with anyone else and will follow our rules and all applicable law. Please note and understand that in the event another party pays for your tier of participation to any portion of the Website (e.g. company pays for your use of the Website) such third party will control your access or participation to such portion of the Website, which is different from your personal account, and therefore may terminate your access or participation to such portion of the Website.
- Payment. You agree to pay access fees (relative to your applicable Tier) and, if you purchase or subscribe to any products or services that we offer for a charge, you will pay the applicable fees as they become due, plus all related taxes. Failure to pay these fees may result in the termination of your access to the Website. Tiers are based on 12-month (annual) access periods (each a “Website Period”). All fees attributable to such Tiers are deemed owing when purchased. Tiers may automatically renew for an additional 12-month period, unless you cancel or terminate such Tiers prior to the end of your current Website Period.
- Refund Policy. All access fees associated with a Tier are deemed owing when selected and are non-refundable. As provided elsewhere in these terms of Service, we reserve the right to limit your use of the Website, including the right to restrict, suspend, or terminate your account, in which case you will not receive a refund of any portion of the Access fee you paid for Basic Access or any other access fee you may have paid for access to a particular Tier.
- Notifications and Website Messages. You agree to allow us to use our websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us. You agree that we may provide notices to you in the following ways: (1) a banner notice on the Website, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail.
- Content, Messages and Sharing. Certain portions of our Website allow you to share information and Content in many ways (e.g. through your profile, posts on the social feeds, and all sorts of other ways). The information and Content that you share or post may be seen by other participants or, if shareable, by the public. We are not obliged to publish any information or Content on our Website and can remove it in our sole discretion, with or without notice.
You do not have to upload, share, post or submit anything, but if you choose to upload, share, post or submit anything including, without limitation, any of your Content (defined above), you warrant, and hereby represent that you have all legal right and power to grant, to FOF and its successors and assigns an irrevocable, perpetual, nonexclusive, transferable, fully paid, royalty-free, worldwide license (with the right to sublicense) to store, use, copy, publish, transmit using any form of communication or display, publicly perform, publicly display, reformat to conform to the interface or display requirements of the Website or of other communications media, and/or to render such Content compatible with technical performance or media format criteria, translate, excerpt (in whole or in part), prepare derivative works of, incorporate into other works, and distribute, such Content for any purpose at any time, reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, to transfer the Content in any transmission or distribution, including, without limitation, through any electronic communication media (email, SMS, MMS, WAP, Internet, digitally), or otherwise, on or in connection with the Website or the promotion thereof, and to grant and authorize sublicences of the foregoing. You specifically waive any residual or moral rights you may have in any Content you provide including, without limitation, any rights of attribution or integrity. By submitting any information or Content to us, you represent and warrant that your submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third-party rights. This license survives, among other things, your removal of your Content from FOF. While we may edit and make formatting changes to your Content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression. Because you own your Content and information and we only have non-exclusive rights to it, you may choose to make it available to others.
By uploading, sharing, posting or submitting information or Content to the Website, for any purpose or in any context, you grant FOF the right to use your name, likeness, image and voice (and the name, logo, and other branding icons, or phrases of your company or employer, to the greatest extent possible), in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Content and the Website and you waive any and all rights of privacy (including, without limitation, “image rights” or rights relating to the tort of passing-off) or any other rights of a similar nature in connection therewith.
Also, by uploading, sharing, posting or submitting information or Content to the Website, you further agree as follows:
- You represent and warrant that you will comply with the Terms of Service and all applicable laws, rules and regulations relative to Content made available to FOF.
- You shall upload or otherwise electronically deliver the Content to FOF as directed by FOF or as indicated on the Website.
- FOF reserves the right to make the Content available to users or to accept or use any Content or to disseminate or not disseminate any Content depending on any number of factors, all in the sole and absolute discretion of FOF.
- In addition to any remedies set forth in this Agreement, you acknowledge and agree that FOF may change or suspend the Website, in whole or part, as FOF deems necessary in the normal management and operation of its business or otherwise elect, in its sole discretion, not to offer or continue to offer the Content in connection with the Website.
- FOF may modify the Website from time to time to conform with FOF’s current product offering or as otherwise necessary to comply with applicable laws or the needs or requirements of its users and customers.
- You shall not engage in any activity that will require FOF to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings.
Further, FOF cannot guarantee that other participants will not use the ideas, information or Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it, or be careful to make the Content for internal use only or mark it “not shareable.” FOF IS NOT RESPONSIBLE FOR ANY USE, MISUSE OR MISAPPROPRIATION, BY YOU, OR ANY OTHER USER, OF ANY CONTENT OR INFORMATION POSTED ON THE WEBSITE
- Restricting Access and Use. FOF reserves the right to limit your use of the Website, including the right to restrict, suspend, or terminate your account, without notice, if FOF believes, in its sole discretion, that you may be in breach of this Agreement or law or are misusing the Website (e.g. violating any Do and Don’ts). FOF reserves all of its intellectual property rights in the Website. For example, Foundations of Freedom (stylized), the FOF logo and other FOF trademarks, service marks, graphics, and logos used in connection with FOF, the Website and the Website are trademarks or registered trademarks of FOF, including, but not limited to, the Voice of Reason™. Other trademarks and logos used in connection with the Website may be the trademarks of their respective owners.
- Indemnity. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless FOF, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to professional and legal fees) arising from or related to third party claims, charges or investigations, caused by (a) your use of and access to the Website, (b) your failure to comply with this Agreement, including, without limitation, your submission of Content that violates third party rights or applicable laws and any breach of your representations and warranties contained in this Agreement, (c) your violation of any third party right, including without limitation any intellectual property (including, without limitation, copyright), property, or privacy right, or (d) any claim that your Content caused damage to a third party. This indemnification obligation will survive these Terms of Service and your use of the Website.
- Notify us of acts contrary to this Agreement. If you believe that you are obliged to act contrary to this Agreement under any mandatory laws, you shall provide to us, at least 30 days before you act contrary to this Agreement, written notice describing the action you propose to take and the laws or other basis on which you believe such action is obliged, to allow us time to assess whether we may, at our sole discretion, provide an alternative remedy for the situation or protect our rights.
- Export Control. You have no right to copy, transfer, mirror, scrape, or otherwise capture or dispose of any part of the Website. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software or service that is part of the Website to any end-user without the prior written consent of FOF and without obtaining any required authorizations from the appropriate government authorities.
- Feedback. By submitting suggestions or other feedback regarding our Website to FOF, you agree that FOF can (but is not obliged to) use and share such feedback for any purpose without compensation to you.
3. OTHER RIGHTS AND DUTIES
- Do’s and Don’ts. As a condition to access FOF, you agree to the following Do’s and Don’ts. This list of Do’s and Don’ts is intended to be supplemental to other terms and provisions of this Agreement.
- You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, data protection laws (including, without limitation, the Data Protection Act 1998 (as amended) and the Privacy and Electronic Communications Regulations 2003 (as amended), tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile;
- Use the Website in a professional and respectful manner.
- You agree that you will NOT:
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit FOF (excluding Content posted by you) except as permitted in this Agreement;
- Utilize information, Content or any data you view on and/or obtain from FOF to provide any service that is deemed by FOF, in FOF’s sole discretion, to disparage or communicate to or about FOF or any of its users in a harmful way;
- Share your FOF login with anyone else ever;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by FOF unless you have entered in to a written agreement with FOF, Inc. which may expressly authorize you to do so and then only to the extent so authorized;
- Use intellectual property of FOF, or any user Content, to adapt, modify or create derivative works based on such intellectual property;
- Access, reload or “refresh” or make any other request to transactional servers more than once during any three second interval;
- Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from FOF except as expressly permitted in the Agreement or the owner of such information may expressly permit;
- Interfere with or disrupt FOF, including but not limited to any servers or networks connected to FOF, or disobey any requirements, procedures, policies or regulations of networks connected to the FOF;
- Upload, post, email, transmit or otherwise make available or initiate any Content that includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable Content;
- Add Content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by FOF);
- Use an image that is not your likeness or a head-shot photo for your profile;
- Create a false identity on FOF;
- Misrepresent your values;
- Misrepresent your affiliations with a person or entity, past or present;
- Misrepresent your identity, including but not limited to the use of a pseudonym;
- Create a participant profile for anyone other than yourself (a real person);
- Invite people you do not know to join your network;
- Use or attempt to use another's account;
- Harass, abuse or harm another person;
- Send spam or other unwelcomed communications to others;
- Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
- Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
- Disclose information that you do not have the right to disclose;
- Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Violate the intellectual property or other rights with respect to our brand, logos and/or trademarks, including, without limitation, using the term “Foundations of Freedom” or any of our other trade names, trademarks, logos, email, or URL, without express authorization from FOF
- Use FOF invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact;
- Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by FOF;
- Send messages to distribution lists, newsgroup aliases, or group aliases;
- Post anything that contains software viruses, worms, or any other harmful code;
- Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Website;
- Copy or use the information, Content or data of others available on the Website (except as expressly authorized);
- Copy or use the information, Content or data on FOF in connection with a competitive service (as determined by FOF);
- Copy, modify or create derivative works of FOF, the Website or any related technology (except as expressly authorized by FOF);
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Website or any related technology, or any part thereof;
- Imply or state that you are affiliated with or endorsed by without our express consent;
- Rent, lease, loan, trade, sell/re-sell access to the Website or related any information or data;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Website;
- Collect, use, copy, or transfer any information obtained from Without the consent of FOF;
- Share or disclose information of others without their express consent;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Website or any related data or information;
- Use bots or other automated methods to access the Website, add or download contacts, send or redirect messages;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website;
- Access the Website except through the interfaces expressly provided by FOF, such as its mobile applications, foundationsoffreedom.com;
- Override any security feature of the Website;
- Interfere with the operation of, or place an unreasonable load on, the Website (e.g., unsolicited communications, attempts to gain unauthorized access, spam, denial of service attack, viruses, gaming algorithms).
You may terminate this Agreement, for any or no cause, at any time, with written notice to Which shall be effective upon FOF processing such notice and your cessation of use of FOF. FOF may terminate this Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any Tiers may be terminated only by FOF or the party paying for such services. Failure to renew as a participant at the end of each Website Period will terminate your access to the Website.
- Our rights to use and disclose your feedback;
- User’s rights to further re-share Content and information you shared through the Website;
- Your obligations under this Agreement;
- Any amounts owed by you prior to termination shall remain owed after termination.
5. COPYRIGHT POLICY
The Website and Website contain material and Content which is owned by or licensed to us. The Website, including, but not limited to, the design, layout, look, appearance and graphics (the “look and feel” of the Website) is the sole property of FOF. You are prohibited from copying, reproducing or otherwise using the Content relating to other Users of FOF for any purpose other than for those purposes strictly related to use of the Website for personal purposes. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. It is a breach of this Agreement and you are absolutely prohibited from reproducing (i) any of the Content on the Website or (ii) the look and feel of the Website, or from scraping, copying or undertaking any other act which results in the use of any such scraped, copied or otherwise obtained Content in any manner that could in any sense be construed as competitive or confusing. All trademarks reproduced on the Website which are not the property of, or licensed to, FOF are acknowledged on the Website. Unauthorized use of the Website may give rise to a claim for damages and/or be a criminal offence.
Complaints regarding Content posted on the Website
FOF respects the intellectual property rights of others and desires to offer a platform which contains no Content that violates those rights. Our Agreement requires that Content posted or uploaded to the Website be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, FOF provides a process for submission of complaints concerning Content. Our policy and procedures are described and/or referenced in the sections that follow.
Please note that whether or not we disable access to or remove Content, FOF may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the participant who posted the Content and/or take other reasonable steps to notify the participant that FOF has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of participants, or groups as the case may be, who infringe or repeatedly infringe the rights of others or otherwise post unlawful Content.
Notice of Copyright Infringement:
FOF has implemented procedures for receiving written notification of claimed infringements. FOF has also designated an agent to receive notices of claimed copyright infringement.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FOF’s Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
FOF’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows: by e-mail
Foundations of Freedom
ATTN: Copyright Agent
3419 Westminister Ave, Suite 305
Dallas, TX 75205, USA
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
- FOF may remove or disable access to the material that is alleged to be infringing;
- FOF may forward the written notification to such alleged infringer; and
- FOF may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
6. DISCLOSURES RELATING TO THIRD PARTIES
The Content found on the Website are generally provided by participants, and other third parties, and are not necessarily held by FOF, those third parties who sponsor or provide Content in or through various portions of the website, or in some cases, the employers or other related parties of the thought leaders themselves. Content found on the Website does not and shall not be construed to purport to provide legal, accounting, or other professional advice or opinion. In the interests of full disclosure, you should know that FOF may be a paid affiliate of some of the companies to which we link.
7. PROFESSIONAL RELATIONSHIPS
The Website may from time to time include the ability for you to submit questions to certain types of professionals, including but not limited to attorneys and accountants, and even request that specific professionals respond to your questions. A communications exchange within that aspect of the Website shall not give rise to a professional-to-client relationship solely by reason of such exchange within or through the Website and any such professional relationship shall only exist if a separate arrangement is made outside the Website or any services described in the Website.
The information contained on the Website is for informational purposes only and is not legal, tax, financial nor other professional advice. The information may or may not reflect the most current legal, tax, financial or other developments and, accordingly, it is not promised or guaranteed to be correct or complete. Additionally, as laws vary from state to state and are constantly changing, only a lawyer can provide users with specific advice to rely on. FOF is a publisher of general information and not professional advice; FOF is not a law firm, accounting firm, financial advisor or other professional organization with expertise to provide specific advice on a particular topic. FOF is not a substitute for an attorney’s, accountant’s or similar professional’s advice. If you desire or require professional advice, please consult a qualified provider who is licensed in your locale. FOF and its users (including users who provide Content that is available on the website) expressly disclaim all liability in respect to actions taken or not taken based on any of the Contents of this website. You agree that under no circumstances will FOF, its affiliates, or any thought leaders identified on the website (including, without limitation, the FOF home page, any forums, bulletin boards, communities or other locations available on the site) be responsible for (1) any information contained on or omitted from the website(s), (2) any person's reliance on any such information, whether or not the information is correct, current or complete, (3) the consequences of any action you or any other person takes or fails to take, whether or not based on information provided by or as a result of the use of the sites, (4) any person's satisfaction with any professional, whether relating to that professional’s competence, diligence, or otherwise, (5) the results of any advice given by or representation from any professional, or (6) the delay, failure or refusal of any professional to respond or consult to you.
You agree that you understand that the professionals who participate in the Website by providing any advice in response to a question submitted by another user ("Professional Participants") are not affiliated with, employed by or agents of FOF. Although Professional Participants may provide basic information about themselves to FOF (for example, information about the jurisdictions in which they are licensed and information about areas in which they practice and consider themselves competent and knowledgeable), and although such Professional Participants may provide or upload Content (“Professional Participant Content”) to the Website, and although FOF does rely upon and pass on this information to participants for their use, FOF does not separately verify this information and makes no representations as to the qualifications of any Professional Participants.
No such Professional Participant Content contained on the Website or provided through the Website, constitutes an endorsement by FOF or any of our affiliates of any particular professional or a guarantee of any personal and professional qualities or characteristics of a professional or any advice or opinion such Professional Participant may render. FOF does not verify nor warrant or guarantee that every individual who holds him or herself out as a professional is in fact registered to provide professional advice in the jurisdictions which he or she may claim.
You are encouraged to investigate or perform your own due diligence concerning Professional Participants and their qualifications. No listing of any Professional Participant on this website, and no information of any kind or answers provided by any Professional Participant, constitutes an endorsement, recommendation or referral of any Professional Participant. Some Professional Participants will receive compensation or must make payments to FOF in order to become a Professional Participant of FOF or in order to answer any questions by Users on FOF’s website.
This website is not intended to create, and does not create, a professional-to-client relationship including but not limited to attorney-client, auditor-client or any advisor-client relationship, and are not subject to standards or requirements of confidentiality and/or privilege associated therewith, nor does it ensure confidentiality between you and FOF or between any of its users, and you should not act or rely on any information in this website.
However, if a professional-to-client relationship does arise through any Website, the scope and duration of any professional-to-client relationship or representation between the Professional Participant and client arising through an exchange of communication via the Website is limited by the subject matter and nature of the exchange. The scope of this limited professional-to-client relationship or representation extends only to the substance of the submitted question. The Professional Participant is under no duty to further investigate, follow-up, review, pursue, take further action, or to continue to represent the client. The duration of such professional-to-client relationship or representation is presumed to end as soon as the responding Professional Participant provides the last answer or follow-up communication in the exchange. You acknowledge and understand that in limited circumstances, FOF may be required or permitted by law to disclose such communications. Furthermore, FOF shall have the perpetual, irrevocable, non-exclusive world-wide right to use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute your questions, comments, and/or the corresponding answers without compensation to you, anonymously or in the aggregate, for internal or external purposes, alone or as part of other works in any form, media, or technology, whether now known or hereafter developed and to sublicense such rights. Unless you affirmatively elect not to disclose your identity when you submit a question through the Website, Will publicly disclose your identity with your questions or comments.
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against FOF and its employees and agents from any and all liability for claims; damages; losses (including without limitation direct losses; indirect losses; consequential losses; loss of property; loss of profit; loss or corruption of data; loss of business; loss of goodwill and/or reputation; or loss of business opportunity), costs and expenses (including legal costs (calculated on a full indemnity basis) and attorneys’ fees) arising out of or in any way connected with use of the Website and services.
If you are a legal or any other professional, you agree and understand that any liability which may result from your use or provision of any Website is your sole responsibility and you hereby waive, absolve, indemnify, and release FOF from any liability; losses (including without limitation direct losses; indirect losses; consequential losses; loss of property; loss of profit; loss or corruption of data; loss of business; loss of goodwill and/or reputation; or loss of business opportunity) or damage resulting from any malpractice claim arising directly or indirectly from any contact, content, communication, advice, consultation, or representation made using any Website as a conduit. You further agree and understand that by using the Website and FOF’s Website, you release, absolve, and indemnify FOF from responsibility or liability for loss (including, without limitation, the losses set out above in this section) or damage of any kind, including legal or attorney’s fees, incurred by you or your clients or prospective clients for any reason whatsoever.
8. REMOVAL OF CONTENT
FOF reserves the right to withhold, remove and or discard any Content available as part of your account, or contained or reproduced on any portion of the Website relating to you, if any, or otherwise contained or reproduced on the Website, with or without notice at any time and from time to time, in FOF’s sole discretion. For avoidance of doubt, FOF has no obligation to store, maintain or provide you a copy of any Content that you or other Users provide or upload when using the Website.
You authorize and direct FOF to make such copies of any Content you provide as we deem necessary in order to facilitate posting and storing content you post to the Website. Once you upload Content to the Website, you may not remove such Content and the license granted by you to such Content shall NOT expire, although FOF reserves the right to remove any such Content from the Website. FOF reserves the right to close, suspend or otherwise restrict access to any User account at any time and from time to time at FOF’s sole discretion for any reason or for no reason and without prior notice.
You acknowledge and agree that we may send you important information and notices regarding FOF by posting on the Website, by email or through other means. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about FOF, and that you allow FOF to update your profile data using third party data sources so that we may keep your professional profile information current. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or where we consider that such access preservation or disclosure is reasonably necessary to , among other things: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of FOF, its participants and the public. Further, you acknowledge and agree that FOF may use information you have shared with us, including but not limited to your title, industry, geography and other User-provided information, to provide you with targeted ads that you may find more pertinent than untargeted ads.
9. EVENT REGISTRATIONS
By registering for any Event (or clicking through on a landing page to register for an event not hosted by FOF, but publicized or sponsored by FOF), or downloading any FOF or sponsor-created Content, including but not limited to white papers, videos, customer testimonials, e-books, on-demand webinars, product data sheet, case studies, infographics, analyst reports, event recordings and the like (collectively the "Sponsor Content") on the Website, you agree that FOF may provide to the Event or Sponsor Content owner or sponsor, the information you provide or have in the past provided as part of your registration for the site or the Content you are downloading or have downloaded in the past, such as your name, contact information, company name, etc. You further agree that FOF has no responsibility for the use to which your information is put by the Sponsor Content owner or sponsor. If you do not agree to the foregoing, please do not register for the Event or download the Sponsor Content.
10. LINKS TO NON-WEBSITES AND CONTENT
FOF and its users may include or automatically produce links to third party web sites (“Third Party Sites”). FOF is not responsible for and does not endorse any advertising, products or other materials or content on or available from or through such web sites or resources. FOF may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave FOF and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering procedures, of any site to which you navigate from FOF or relating to any applications you use or install from the site.
You are solely responsible for your interactions with other Users. FOF reserves the right, but has no obligation, to monitor disputes between you and other Users and to terminate your account if FOF determines, in its sole discretion, that doing so is prudent. Without prior notice FOF may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Website.
11. WARRANTY DISCLAIMER
TO THE EXTENT ALLOWED UNDER LAW, FOF (A) DISCLAIM ALL IMPLFOFD WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FOF, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLFOFD, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. FOF MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. FOF DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL FOF, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, ANY INDIRECT OR CONSEQUENTIAL LOSSES; LOSS OF PROFITS; LOSS OF BUSINESS; LOSS OR CORRUPTION OF DATA; LOSS OF GOODWILL AND/OR REPUTATION; OR LOSS OF BUSINESS OPPORTUNITY) RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT FOF SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IF NOTWITHSATNDING N THE FOREGOING, FOF IS FOUND LIABLE UNDER ANY THEORY, IN NO EVENT SHALL THE LIABILITY OF FOF EXCEED THE MOST RECENTLY PAID ANNUAL ACCESS FEES OR OTHER AMOUNTS PAID FOR ACCESS TO THE WEBSITE AT THE TIER OR LEVEL SO SUBSCRIBED. THE LIMITATION OF LIABILITY SET FORTH IN THE PRECEDING SENTENCE SHALL APPLY REGARDLESS OF WHETHER YOU BASE YOUR CLAIM ON CONTRACT, TORT OR STATUTE OR WHETHER THE DAMAGE OR LOSS WAS FORESEEABLE. THE FOREGOING LIMITATIONS AND EXCLUSIONS OF FOF’S LIABILITY SHALL ALSO APPLY TO ANY PROFESSIONAL-CLFOFNT COMMUNICATION, RELATIONSHIP, OR REPRESENTATION WITH ANY PROFESSIONAL OR CLFOFNT IDENTIFFOFD THROUGH YOUR USE OF ANY SERVICES, OR RELATING TO PROFESSIONAL ADVICE OR INFORMATION YOU RECEIVE, VFOFW, ACCESS, OR OTHERWISE OBTAIN VIA ANY SERVICES, AND ANY USE OF OR RELIANCE UPON SAID INFORMATION OR ADVICE IS SOLELY AND ENTIRELY AT YOUR OWN RISK.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FOF AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF FOF HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDFOFS FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
The Website is controlled and offered by FOF from its facilities in the United States of America. FOF makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
13. MISCELLANEOUS PROVISIONS
- Governing Law. These Terms of Service and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of the State of Texas.
- You irrevocably agree that the courts of Dallas County, Texas will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims).
- Force Majeure. We will not be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control.
- Third Party Rights. Except as expressly provided elsewhere in this Agreement, a person who is not granted access to the Website and has paid access fees attributable to a tier will not have any rights hereunder.
- No partnership. Nothing in this Agreement is intended to, or will be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party except as expressly provided in this Agreement.
- If any court or competent authority finds that the provisions of these Terms of Service (or any part of any provision) is invalid, illegal or unenforceable, that provision or part provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms of Service will not be affected. If any invalid, unenforceable or illegal provision of these Terms of Service would be valid, enforceable and legal if some part of it were deleted, the provision will apply with the minimum modification necessary to make it legal, valid and enforceable.
- Any Notice to be given by FOF under these Terms of Service will be deemed to be given when notified on www.foundationsoffreedom.com, emailed to you, or sent via any other means of communication which is available to us using the contact information you have supplied. Any Notice given by you to us must be via email at Legal@foundationsoffreedom.com. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
- Entire Agreement.These Terms of Service constitute the whole agreement between you and FOF and supersede all previous agreements between the parties relating to the subject matter. You acknowledge that in entering into this Agreement you have not relied on and will have no right or remedy in respect of any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms of Service.
- Amendments to this Agreement. We may change and/or modify terms of this Agreement or any other terms concerning use of the Website at any time and from time to time, without notice in FOF’s sole discretion. All of these changes shall be effective upon their posting on the Website or by email communication to you. We reserve all rights not expressly granted to you under this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in FOF and all related items. IF YOU DO NOT WANT TO AGREE TO CHANGES AND/OR MODIFICATIONS TO THIS AGREEMENT, YOU MUST DISCONTINUE USE OF THE WEBSITE AND SERVICES IMMEDIATELY.
- No failure or delay by you or FOF to exercise any right or remedy provided under this Agreement or by law will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy will preclude or restrict the further exercise of that or any other right or remedy.
- You will not assign, transfer, mortgage, charge, sub-contract, sub-license or deal in any other manner with any of your rights and obligations under these Terms of Service without the prior written approval of FOF. We may freely assign, transfer, mortgage, charge, sub-contract, sub-license or deal in any other manner with any of our rights and obligations under these Terms of Service. We may also substitute, effective upon notice to you, any third party that assumes our rights and obligations under this Agreement.
Foundations of Freedom, Dallas, Texas, USA, August 2021
© Foundations of Freedom, 2021. All rights reserved