Terms of
Service

Introduction

These Terms and Conditions govern the use of the website https://formupfoundations.com/ (the "Website") and the agreement between us, Form-Up Foundations (also referred to as "we", "us" or "our") and you, the user of the Website ("you" or "your").

Please read these Terms and Conditions carefully before using the Website. By accessing and using the Website, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not accept these Terms and Conditions, please do not use the Website.

We may revise these Terms and Conditions at any time by updating this page. It is your responsibility to periodically review this page to ensure you are aware of any changes. Your continued use of the Website constitutes your agreement to the updated Terms and Conditions.

Acceptable Use

You agree to use the Website only for lawful purposes and in a lawful manner. You shall not:

  • Use the Website in any way that violates local, state, national or international laws or regulations;
  • Use the Website for any fraudulent, unlawful or malicious purposes;
  • Use the Website to distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Interfere with or disrupt the Website or servers or networks connected to the Website;
  • Use any data mining, robots or similar data gathering or extraction methods on the Website;
  • Sell, lease, sublicense or otherwise provide access to the Website to any third party;
  • Use the Website to transmit, publish or communicate material that is defamatory, abusive, threatening, obscene or hateful;
  • Use the Website in any manner that infringes the intellectual property rights or privacy rights of any party.

User Content

By submitting, posting or displaying any photographs, videos, written content or other materials (collectively, "User Content") on or through the Website, you grant us a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, create derivative works from, syndicate, promote, export, and reproduce such User Content in any form and in any and all media or distribution methods now known or later developed.

You represent and warrant that:

  • You own or have the necessary licenses, rights, consents, and permissions to all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content and to grant the license set forth above;
  • None of your User Content violates the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

Disclaimers and Limitation of Liability

The Website and all information, products and services provided through the Website are provided "as is" without warranty of any kind, either express or implied. We specifically disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement.

We make no representations or warranties that the Website will be available, accurate, complete, current, secure, uninterrupted or error free. We will not be liable for any loss or damage related to the use of information obtained through the Website.

Under no circumstances shall we be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from the use of or inability to use the Website. This limitation applies whether the alleged liability is based on contract, negligence, strict liability or any other basis.

Indemnification

You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees and interns from any claim, demand or damages, including reasonable attorneys' fees, arising out of or related to your breach of these Terms and Conditions or your use of the Website.

Changes to the Website

We reserve the right to modify, suspend or discontinue all or any portion of the Website at any time. We are not required to provide you notice prior to removing any content from the Website. We are not responsible or liable for any loss or damage you experience due to any modification, suspension or discontinuation of the Website.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and us regarding your use of the Website. Our failure to exercise or enforce any rights or provisions in these Terms and Conditions does not constitute a waiver of such rights or provisions. If any provision of these Terms and Conditions is found to be unenforceable, the remaining provisions will remain in effect.

Governing Law

These Terms and Conditions are governed by the laws of the State of New Jersey, without regard to conflict of law rules. Any dispute related to these Terms and Conditions must be brought in the federal or state courts located in Burlington County, New Jersey and you irrevocably consent to the jurisdiction and venue of such courts.

Contact Us

If you have any questions about these Terms and Conditions, please contact us at:

[email protected]