1. Introduction
Welcome to https://www.founders-nation.com/ ("Site"), the website of Founders Nation ("Founders Nation", "we", "our", "us").
These Terms of Use ("Terms", "Terms of Use") constitute a legal agreement between you and us and govern your access and use of our Site, and the information and materials you obtain on or in connection with the Site. For the purposes of these Terms, unless otherwise indicated, references to the "Site" include all subdomains of the Site.
You acknowledge that you have read and understood these Terms and our Privacy Policy, and agree to be bound by them. If you do not agree with (or cannot comply with) these Terms and the Privacy Policy, then you should not, and may not, access or use the Site.
We may amend these Terms at any time by posting the amended Terms on the Site. It is your responsibility to review these Terms periodically for changes. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
2. Access to the Site
Subject to these Terms and your compliance with them, you may enter the Site, view the content, and use the features which we make freely available on our Site. This does not include features, functionality, content, and services which we make available subject to other terms and conditions, such as the Founders Nation platform ("Founders Nation Platform"). Use and access of the Founders Nation Platform is governed by the Founders Nation Platform Terms of Service, available here: [INSERT LINK]. We reserve the right to restrict, require agreement to additional terms and conditions for, or charge fees for access and use of the Site or any portion of the Site. We will notify you of any fees we charge for any use of the Site in advance.
3. Restrictions
You may not, directly or indirectly, or encourage any other person or entity to, access or use the Site:
(a) In any way that violates any law, regulation, or court order.
(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content or otherwise.
(c) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
(d) To impersonate or attempt to impersonate Founders Nation or any Founders Nation employee or representative, another user, or any other person or entity.
(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
(f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm or offend Founders Nation or other users, or expose Founders Nation or other users to liability.
Additionally, you agree not to, and not to encourage any third party to:
(a) Copy, reproduce, modify, adapt, translate, create derivative works based upon, distribute, or Share (as defined below) the Site.
(b) Reverse engineer, decompile, disassemble, or in any other manner decode, or otherwise attempt to discover the source code of any software made available on the Site.
(c) Use the Site in any manner that could disable, overburden, damage, or impair the Site, or interfere with any other party's use of the Site, including their ability to engage in real-time activities through the Site.
(d) Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
(e) Use any manual process to monitor or copy any of the material on the Site, or for any other unauthorized purpose, without our prior written consent.
(f) Use any device, software, or routine that interferes with the proper working of the Site.
(g) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
(h) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
(i) Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
(j) Take any action that may damage or falsify our or the Site's rating or rankings.
(k) Impose a large load on, or otherwise interfere or attempt to interfere with, the proper working of the Site, as determined in our sole discretion.
References to the Site in this Section 3 refer to the Site and any portion of the Site.
4. Intellectual Property Rights; Changes to the Site
You agree that the Site and all information, materials, and content on or transmitted by Founders Nation or anyone on its behalf to you in connection with the Site is and shall be owned by Founders Nation and its applicable licensors. We reserve the right to withdraw or amend the Site, and any Founders Nation Materials, in our sole discretion without notice. Except for the limited permissions granted in these Terms, no rights or licenses are granted to you in connection with the Site, any portion thereof, or any of the above.
5. Content You Share
You may be permitted to upload, post, link, store, transmit, display, share, or otherwise make available through the Site or to us ("Share") certain information, text, graphics, videos, or other material ("User Content") on or through the Site. You hereby grant us a non-exclusive license to copy, modify, publicly display and perform, broadcast, distribute, Share, and create derivative works based upon the User Content you Share, in order to provide and make available the Site and the applicable features and functionality of the Site or other relevant services we offer. This license includes the right to make your User Content available to other users of the Site and to do any of the above as permitted by the features and functionality of the Site.
You are responsible for the User Content that you Share, including its legality, reliability, and appropriateness. By Sharing User Content, you represent and warrant that: (i) you exclusively own or have the right to Share and grant us the rights set forth above; and (ii) Sharing or posting your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contractual rights, or any other rights of any person or entity. We reserve the right to terminate the permissions and licenses granted herein, and the account or use and access of the Site by anyone we determine to be Sharing User Content in violation of these Terms.
You retain any and all of your rights to any User Content you submit, post, or display on or through the Site, and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third party posts or Shares on or through the Site. Founders Nation has the right, but not the obligation, to monitor and edit all User Content provided by users.
6. Error Reporting and Feedback
You may provide us, either directly via our contact page at https://founders-nation.com/ContactUs.aspx or via third-party sites and tools, with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Site ("Feedback"). You acknowledge and agree that: (i) you shall not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the Feedback; (ii) Founders Nation may have development ideas similar to the Feedback; (iii) Feedback does not (and you agree never to claim that Feedback does) contain confidential or proprietary information from you or any third party; and (iv) Founders Nation is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of ownership of the Feedback is not possible due to applicable mandatory laws, you grant Founders Nation and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including to copy, modify, create derivative works, publish, distribute, and commercialize) the Feedback in any manner and for any purpose.
7. Links to Other Websites
The Site may contain links to third-party websites or services that are not owned or controlled by Founders Nation. Founders Nation has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities or their websites. You acknowledge and agree that Founders Nation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
8. Subscriptions, Billing and Cancellation
Founders Nation is a subscription service that bills on a recurring basis. When you subscribe, you authorize us and our third-party payment processor to charge your payment method the applicable subscription fee on a recurring basis, for the billing cycle you select (for example, monthly or annually), at the price displayed at the time of purchase, together with any applicable taxes.
Automatic renewal. Your subscription automatically renews at the end of each billing cycle, and your payment method will be charged the then-current fee for the next cycle, until you cancel. You authorize these recurring charges without requiring further approval for each individual charge.
Failed payments. If a charge is declined or otherwise fails, you authorize us to retry the charge and, where supported by the card networks, to update your payment-method details, so that your subscription can continue without interruption.
Price changes. We may change subscription fees from time to time. We will give you advance notice of any price change, and the new price will apply to the next billing cycle after the notice takes effect. Your continued use of the subscription after the change takes effect constitutes your acceptance of the new price. If you do not agree, you may cancel before the change takes effect.
Cancellation. You may cancel your subscription at any time by contacting us at https://founders-nation.com/ContactUs.aspx, or through your account settings where available. Cancellation stops future renewals and charges; it does not retroactively cancel charges that have already been made. Unless otherwise required by law, you will retain access to the subscription through the end of the billing period you have already paid for.
Refunds. Except where a refund is required by applicable mandatory law, subscription fees are non-refundable, and cancelling does not entitle you to a refund of the current billing period.
9. Billing Disputes and Chargebacks
If you have any concern about a charge, you agree to contact us at https://founders-nation.com/ContactUs.aspx to resolve the matter before initiating a chargeback or payment dispute with your bank or card issuer. We will use reasonable efforts to respond to billing inquiries within ten (10) business days.
By subscribing, you acknowledge that you have authorized recurring charges as described in these Terms. You agree that your acceptance of these Terms, together with our records of your subscription, billing, and use of the service, may be presented as evidence of your authorization in response to any disputed charge. Initiating a chargeback without first contacting us, in respect of charges that were duly authorized under these Terms, may be treated as a breach of these Terms, and we reserve the right to suspend or terminate your access pending resolution.
10. Data Protection and Privacy
Privacy Policy. Our collection and use of personal data in connection with the Site and the subscription service are described in our Privacy Policy, available at [INSERT LINK], which forms part of these Terms. Where there is a conflict between these Terms and the Privacy Policy in relation to personal data, the Privacy Policy governs.
Roles and legal bases. Founders Nation acts as the data controller for the personal data it collects to operate the Site and provide subscriptions. Where the General Data Protection Regulation ("GDPR") or comparable laws apply, we process personal data on the following legal bases: performance of our contract with you (to provide and bill the subscription); our legitimate interests (such as securing, improving, and marketing the service, balanced against your rights); your consent (for example, for certain marketing communications and non-essential cookies); and compliance with our legal obligations (such as tax and accounting requirements).
Your rights. Subject to applicable law, you have the right to access, rectify, erase, restrict, or object to the processing of your personal data, the right to data portability, and the right to withdraw consent at any time without affecting processing carried out before withdrawal. To exercise these rights, contact us at https://founders-nation.com/ContactUs.aspx. We will respond within the period required by applicable law (under the GDPR, generally within one month). You also have the right to lodge a complaint with your local data protection supervisory authority.
International transfers. Founders Nation is based in Israel, and your personal data may be processed in Israel and in other countries where we or our service providers operate. Where personal data is transferred out of the European Economic Area or the United Kingdom, we rely on a lawful transfer mechanism, such as an adequacy decision or the European Commission's Standard Contractual Clauses, together with any additional safeguards required by law.
Payment data. Payments are processed by third-party payment processors. We do not store full payment-card numbers on our own systems. Our payment processors handle card data in accordance with the Payment Card Industry Data Security Standard (PCI DSS) and their own privacy terms.
Data retention. We retain personal data only for as long as necessary for the purposes for which it was collected, including to provide the subscription, comply with our legal, tax, and accounting obligations, resolve disputes, and enforce our agreements.
Marketing. Where required by law, we will obtain your consent before sending marketing communications, and you may opt out of marketing at any time using the unsubscribe mechanism in the message or by contacting us.
Cookies. The Site uses cookies and similar technologies as described in our Privacy Policy. Where required, non-essential cookies are used only with your consent.
Security. We maintain technical and organizational measures designed to protect personal data against unauthorized access, loss, or misuse. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.
11. Disclaimer of Warranty
THE SITE, AND ALL CONTENT, MATERIALS, AND INFORMATION WE MAKE AVAILABLE TO YOU (COLLECTIVELY, INCLUDING THE SITE, "FOUNDERS NATION MATERIALS"), ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE FOUNDERS NATION MATERIALS OR OTHERWISE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, WARRANTIES WHICH MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE, WARRANTIES AS TO THE OPERATION OF THE SITE, OR THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE FOUNDERS NATION MATERIALS. YOU EXPRESSLY AGREE THAT YOUR ACCESS AND USE OF THE FOUNDERS NATION MATERIALS IS AT YOUR SOLE RISK.
WE DO NOT REPRESENT OR WARRANT, AND DISCLAIM ANY WARRANTY, THAT THE FOUNDERS NATION MATERIALS ARE OR WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
12. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY, (A) FOUNDERS NATION AND ALL OF FOUNDERS NATION'S AFFILIATES (DEFINED BELOW) AND ITS AND THEIR EMPLOYEES, CONTRACTORS, LICENSORS, AND AGENTS (COLLECTIVELY, THE "FOUNDERS NATION GROUP") SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY, OR INDIRECT DAMAGES OR LOSSES OF ANY KIND, OR LOST PROFITS, BUSINESS, REVENUES, OR SAVINGS, LOST DATA, DAMAGE OR LOSSES TO GOODWILL, REPUTATION, OR BUSINESS, LOSS OF USE OR INTERRUPTION THEREOF, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO THESE TERMS, THE SUBJECT MATTER THEREOF, YOUR ABILITY TO ACCESS OR USE THE SITE OR ANY PORTION THEREOF, OR ANY FOUNDERS NATION MATERIALS (COLLECTIVELY, THE "AGREEMENT SUBJECT MATTER"); AND (B) THE TOTAL CUMULATIVE LIABILITY OF THE FOUNDERS NATION GROUP IN CONNECTION WITH THE AGREEMENT SUBJECT MATTER SHALL NOT IN ANY EVENT EXCEED THE GREATER OF US$100.00 OR THE FEES ACTUALLY PAID TO US BY YOU DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND REGARDLESS OF THE FORESEEABILITY OF, OR WHETHER ANY PERSON OR ENTITY IN THE FOUNDERS NATION GROUP WAS ADVISED OR AWARE OF THE POSSIBILITY OF, THE DAMAGES OR LOSSES, AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (WHETHER IN TORT, BREACH OF CONTRACT, OR OTHERWISE).
13. Termination
You may cease to access and use the Site at any time. We may terminate or suspend your access and use of the Site (and all permissions or licenses granted to you) immediately, without prior notice or liability, in our sole discretion, for any or no reason whatsoever and without limitation, including but not limited to your breach of these Terms. Termination of access to the Site does not by itself cancel a paid subscription; subscription cancellation is governed by Section 8.
Except for the licenses and permissions granted to you, including those granted in Section 2, all provisions of these Terms shall survive any termination or expiration of these Terms.
14. Disputes; Governing Law; Jurisdiction
Governing Law. These Terms and all disputes relating to these Terms, the Site, or any Founders Nation Materials shall be governed, construed, and adjudicated in accordance with the laws of Israel, without regard to its conflict or choice-of-law rules or principles. The UN Convention on Contracts for the International Sale of Goods does not apply to these Terms or the subject matter thereof.
Jurisdiction; Venue. You agree to the exclusive jurisdiction of the competent courts located in Tel Aviv, Israel for the adjudication of any such disputes, and waive and agree not to assert any objection to such jurisdiction, venue, and forum, including on the basis of inconvenient forum (forum non conveniens). Notwithstanding the foregoing, you agree that we may seek relief or enforcement of these Terms in any jurisdiction worldwide.
Litigation Costs. The prevailing party in any action in connection with these Terms shall be entitled to reasonable attorneys' fees from the other party with respect to such action.
Limitation in Time. Any claim or cause of action you may have arising out of or related to these Terms, the Site, or any Founders Nation Materials must be filed within one year after such claim or cause of action arose, or be forever barred.
Type of Relief. Any claim by you that may arise in connection with these Terms, the Site, or Founders Nation Materials will be compensable by monetary damages, and you will in no event be entitled to injunctive or other equitable relief.
Waiver of Class Actions. Each of you and Founders Nation may only bring actions, claims, litigation, or disputes against the other in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including, without limitation, a federal or state class-action lawsuit. The foregoing does not limit either your or Founders Nation's right to bring a lawsuit against the other as an individual plaintiff.
15. Assignment
You may not assign or delegate these Terms, in whole or in part, or any rights or obligations hereunder, to any other party without our written consent. Founders Nation may do so without your consent or any other restriction. Any assignment or delegation in violation of the above shall be null and void. Subject to the foregoing, these Terms shall bind and benefit the parties and their respective successors, heirs, and assigns.
16. Entire Agreement; Amendments to Terms
These Terms, together with the Privacy Policy and any applicable Founders Nation Platform Terms of Service, constitute the entire agreement between us regarding the Site and supersede and replace any prior agreements we might have had between us regarding the Site.
17. Waiver; Severability; Interpretation
No waiver by Founders Nation of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Founders Nation to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
Headings are for convenience and shall not be used in interpreting these Terms. Any right or remedy set forth in these Terms is, unless stated otherwise, without exclusion of or limitation to other rights or remedies available to a party.
In these Terms, "Affiliate" means, with respect to any person, organization, or entity (a "party"), any person, organization, or entity controlling, controlled by, or under common control with such party, where "control" means (i) the possession, directly or indirectly, of the power to direct or cause the direction of the activities, management, or policies of a person, organization, or entity, whether through the ownership of voting securities, by contract, or otherwise; (ii) owning more than fifty percent (50%) of the outstanding voting stock or other ownership interest of the other organization or entity; or (iii) the power to directly or indirectly elect or appoint more than fifty percent (50%) of the members of the governing body of the other organization or entity.
18. Legal Notices
You must deliver notices and other communications pursuant to these Terms, or regarding the exercise of any rights you may have against us, in writing via our contact page at https://founders-nation.com/ContactUs.aspx. Such notices shall be deemed to have been duly made as of the date transmitted, and shall be effective upon receipt. We may deliver notices to you at any address at which you reside, work, or maintain a place of business, or which you provide to us or otherwise make publicly available, including by email or other electronic means of contacting you.
19. Contact Us
Contact us: https://founders-nation.com/ContactUs.aspx