TheB3nch LLC (“FoundHQ”, “we”, “us”, or “our”), an online recruiting marketplace, invites you (which term, as used herein, includes you personally, the company or organization, and any subsidiaries or associated Companies, (the “Company”) to whom we shall provide one or more Contractors as requested by Company from time to time and in connection with the presentation of those Contractors, you may be allowed to use our website (collectively, the “Services”) which you can access at www.foundhq.com (the “Site”). Please read these Company Terms of Service (“Terms of Service”) carefully. By logging in and accessing the Site and by accepting our performance of Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and to the collection and use of your information as set forth herein. If you are accepting these Terms of Service on behalf of, or for the benefit of, your Company, then you are agreeing to these Terms of Service on behalf of yourself and your Company, and you represent and warrant that you are at least 18 years old or older and you have the authority to bind your Company to the terms and conditions set forth in these Terms of Service. If you do not have such authority, or if you do not agree to any of the terms in these Terms of Service, then you are not permitted to use the Services and you should stop using the Services and the Site immediately.
These Terms of Service may be updated by us from time to time with or without notice to you, and so you should review this page periodically. When material changes are made to these Terms of Service, we will update the “Last Updated” date at the top of this document, and notify you that material changes have been made. Your continued use of the Site and/or Services constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF SERVICE.
1. DESCRIPTION OF OUR SERVICES
FoundHQ is engaged in the staffing services business providing temporary personnel to clients with staffing needs. Company desires to use FoundHQ Services to identify individuals for use on a temporary subcontractor engagement, fixed-term project, or permanent employment (each, a “Contractor”).
Upon registering as a Company, you will be assigned a FoundHQ employee who will be responsible for the day-to-day management of your Company account (“Client Partner”). Companies will be able to view the collection of contractor profiles on foundhq.com/members (the “Freelance Listings”). If you would like to obtain additional information about a specific Contractor in the Freelance Listings, you can do so by contacting your Client Partner. If you are interested in initiating a contact with a particular Contractor in the Freelance Listings, you will be able to initiate the contact through the use of our Services by sending an interview request to the Contractor through the Services (each, an “Interview Request”) or through the Client Partner. Your interaction with a Contractor may result in the use of that Contractor on a project engagement (“Engagement”). Contractor may, in their sole discretion, accept or reject an Interview Request and/or an Engagement.
2. RIGHTS TO THE SERVICES
Subject to the terms and conditions of these Terms of Service, your use of the Site shall be considered to be a non-exclusive, limited, non-transferable, freely revocable right to use the Site and the Services only and as permitted by the features of the Services. FoundHQ reserves all rights not expressly granted herein in the Services and the FoundHQ Content (as defined below). FoundHQ may terminate these provisions or rights at any time for any reason or no reason.
3. CHANGES TO THE SERVICES
We may, without prior notice, make changes, correction or improvements to the Services; stop providing the Services or features of the Services, to you or to users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Service, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service.
In order to access and use the Services, you must activate a Company account. You may never use another user’s account without permission. During the onboarding process, you will have to provide your name, email address, and company name, and you will be asked to create a password for your account. You represent and warrant that all registration information you submit to us is truthful, complete and accurate, and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your Company account and for the activity that occurs on the account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You will promptly inform us of any need to deactivate your Company account. We reserve the right to delete or change your Company account at any time and for any reason. We are under no obligation to accept any individual as a Company, and may accept or reject any registration in our sole and complete discretion. You must notify us immediately of any breach of security or unauthorized use of your Company account. FoundHQ will not be liable for any losses caused by any unauthorized use of your Company account.
By providing FoundHQ your email address you consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by contacting us via firstname.lastname@example.org. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
5. RELATIONSHIP WITH FOUNDHQ
Herein, the term “Engagement” means the utilization, employment, or use of a Contractor by the Company or any third party the Company introduces to the Contractor, on a temporary or permanent basis, whether under a contract of services or for services, under an agency, license, franchise or partnership agreement or any other engagement, directly or through a limited company of which the Company is an officer of employee.
An “Introduction” means (i) the Company interview of a Contractor in person or by telephone, or (ii) a Company’s use of Services, which identifies a resume or personal information to the Company for a Contractor that has not been in Company’s “Active Recruiting Process” in the six (6) months prior to identification on FoundHQ’s site.
“Active Recruiting Process” means a direct, back and forth communication between a Company and a Contractor in an active recruiting or hiring context where a decision to put a Contractor on hold or a decision to reject such Contractor has not been made.
FoundHQ shall serve as an independent contractor, providing compensation, salary or other benefits to all Contractors; will withhold all appropriate tax, social security, Medicare and other deductions and payments; provide workers compensation insurance coverage for its Contractors; and make all appropriate unemployment tax payments.
Such Contractors shall perform work under Company’s management and supervision at a facility or in an environment controlled by Company (the “Work”).
Company understands without Company first providing FoundHQ with written notice, Contractors may not perform work from home or a remote location not controlled by Company nor shall Company entrust Contractor with removal from Company’s premises of vehicles, electronic equipment, (including but not limited to laptop computers, pagers or cell phones) or other Company property. In the event of breach of this section, Company will indemnify and defend FoundHQ with respect to any and all claims related to the loss or theft of such equipment.
Prior to any Engagement with a Contractor, FoundHQ and Company will execute an Exhibit A detailing the scope, duration, and hourly rate for the Engagement.
In the course of FoundHQ providing Services, and given that Company is providing supervision and control over each Contractor’s performance of Work, Company may terminate the Work of any Contractor for any lawful reason by providing FoundHQ notice at any time. If any Contractor is assigned to work in a jurisdiction that requires FoundHQ to provide paid sick leave, Company shall pay FoundHQ for any paid sick leave hours used by such Contractor at such Contractor’s standard hourly rate. In the event Services are subject to any taxes, FoundHQ may bill Company for any costs associated therewith. In the event any Contractors elect to receive ACA-compliant healthcare coverage through FoundHQ’s healthcare provider, the cost of FoundHQ’s contribution to such healthcare coverage shall be billable to Company. In the event Company requires FoundHQ to provide holiday pay to Contractor(s), Company shall pay FoundHQ for any holiday pay hours at such Contractor’s standard hourly bill rate.
FoundHQ and Company shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals on the basis of race, gender, protected veteran status or disability, and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified females, minorities, protected veterans and individuals with disabilities.
FoundHQ is an equal opportunity employer and refers Contractors, regardless of race, sex, color, religion, creed, ancestry, national origin, disability, age, marital status or other protected class status pursuant to applicable law. Company agrees and warrants that it will not reject Contractors, or otherwise deem Contractors unacceptable, or take any other action for any reason prohibited by federal, state or local laws including, but not limited to, laws pertaining to employment discrimination or employee safety. Company will indemnify and defend FoundHQ with respect to any and all claims in which Company violated federal, state and/or local laws, including costs of suit, settlement and attorneys’ fees.
6. PAYMENT TERMS
There is no cost to Company for access to the Site.
When Company enters an Engagement with a Contractor, Company agrees to review and approve invoices and applicable time records as reported by Contractor on a weekly basis. Contractor time records are recorded and Company Program/Project Manager approval actions can be taken weekly in the internet application provided by FoundHQ. Overtime will be billed at the rates agreed by both parties, for hours worked by Contractor(s) in excess of forty (40) hours per week, or as otherwise required by law. Invoices submitted by FoundHQ to Company are presumed to be accurate and fully payable on the terms contained therein unless disputed by Company within five (5) business days of Company’s receipt of the invoice.
6.I. Time Records: For the purpose of payment under this Agreement, the approved timecard submitted by FoundHQ or Contractor will be the official record of hours worked.
6.II. Purchase Orders: Payment of FoundHQ invoices shall not be dependent upon a Company generated purchase order. If Company’s internal policies require that a purchase order be created before payment is released, Company shall deliver to FoundHQ a written purchase order before the Contractor’s first day of work. Company’s provision of a purchase order under this Agreement will be for the informational purposes only, and will not modify the terms or become part of this Agreement in any way.
For questions regarding invoicing or payment, please contact the FoundHQ Accounts Receivable support team at (646) 481.8716.
7. CONVERSION OPTION
If Company (i) directly or indirectly employs a Contractor, or (ii) transfers a Contractor to another staffing firm, within twelve (12) months of an Engagement’s completion, Company agrees to pay to FoundHQ, as liquidated damages, twenty five percent (25%) of the Contractor’s gross annualized compensation hereunder, including all anticipated bonuses, commissions, or other compensation (“Conversion Fee”), as it would be paid to Contractor by Company. This restriction will extend for twelve (12) months after the Contractor’s termination date with FoundHQ.
Company agrees: (a) to pay any amounts due under this Section 7 in their entirety within thirty (30) days of Contractor’s employment by Company and (b) that other than as specified in this Section 7, Company shall not directly or indirectly solicit or recruit for hire any employee of FoundHQ for the duration of this Agreement and for a period of twelve (12) months thereafter.
8. PAYMENT DEFAULT
FoundHQ shall submit invoices to ECompanymployer for Work rendered by Contractor(s) for a given Engagement on a weekly basis. Payment in full for invoices shall be due within fifteen (15) days from invoice date, by the payment method selected below. Invoices that are more than seven (7) days past due are subject to a late charge of two percent (2%) per month on the amount of the past due balance. Late charges shall be calculated using the U.S. method, therefore interest will not be compounded on the past due balance. If Company’s account is past due and FoundHQ has notified Company in writing of the past due balance, FoundHQ may, without advance notice, immediately cease providing any and all further Contractor(s) without any liability to Company for interruption of pending work.
Company will only be responsible for expenses approved in advance.
Company shall reimburse FoundHQ for all ordinary, necessary, and reasonable travel expenses incurred by Contractor(s) while performing Work on behalf of Company that require Contractor to travel away from Company’s primary job site.
If Company’s account, after default, is referred to an attorney or collection agency for collection, Company shall pay all of FoundHQ’s expenses incurred in such collection efforts including, but not limited to, court costs and reasonable attorneys’ and/or collection agency fees.
11. PREVAILING WAGE
Company agrees that it is Company’s responsibility to notify FoundHQ of any prevailing wage or other wage requirements covering the Contractor(s) assigned to perform Work for Company. Company will provide FoundHQ with appropriate evidence of alternative workweek schedules, if applicable. In the event that it is later determined that any prevailing wage or other wage requirements are applicable, Company shall be responsible for notifying FoundHQ of the proper job classification and Company hereby agrees to indemnify and hold harmless FoundHQ for any such costs, losses or damages which FoundHQ may suffer or incur as a result of such error and in connection with satisfying such requirements.
12. LIMITATION OF LIABILITY
FoundHQ does not warrant or guarantee that the Contractor(s) placed pursuant to this Agreement will produce any particular result or any solution to Company’s particular needs. Accordingly, Company acknowledges and agrees that FoundHQ is not responsible for any aspects of any Contractor’s Work or Company’s project, including, without limitation, any deadlines or work product. Because FoundHQ is providing Services only, and Company is directing and supervising the Contractors who render the Work, FoundHQ shall not be liable (i) for any claims, costs, expenses, damages, obligations or losses arising from or in connection with the acts or omission of any Contractor, including, but not limited to, Work on engineering or design concepts or calculations or related drawing, software programs, designs or documentations, or (ii) for any indirect, special or consequential damages (including, but not limited to, loss of profits, interest, or earnings) whether arising in contract, tort or otherwise. Company shall indemnify FoundHQ and hold it harmless against and from any such claims made or brought by third parties, including any and all costs incurred in connection with such claims.
13. COMPANY PROPERTY
8.1 Work Product: All work product of every kind performed by any Contractor on behalf of Company shall be the sole and exclusive property of Company.
8.2 Confidentiality: FoundHQ recognizes that while performing its duties under this Agreement, FoundHQ and its Contractor(s) may be granted access to certain proprietary and confidential information regarding Company’s business, customers, and employees. FoundHQ agrees to keep such information confidential and the obligations of this paragraph will survive the termination of this Agreement. This paragraph does not apply to information that was previously known or information that is available in the public domain.
14.1 Governing Law: This Agreement is governed by and subject to the laws and exclusive jurisdiction of the courts of the State of New York, without regard to its conflicts of law provisions. If any action at law or equity is necessary to enforce or interpret the terms of this Agreement such actions shall be brought exclusively and only in New York.
14.2 Severability: A ruling by any court that one or more of the provisions contained in this Agreement is invalid, illegal or unenforceable in any respect shall not affect any other provision of this Agreement so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party. Thereafter, this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had been amended so as to make this Agreement valid and enforceable as originally contemplated by this Agreement to the greatest extent possible.
14.3 Counterparts: This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original. In that event, in providing this Agreement it shall not be necessary to produce or account for the counterpart signed by the party against whom the proof is being presented.
14.4 Headings: The section and subsection headings have been included for convenience only, are not part of this Agreement and shall not be taken as an interpretation of any provision of this Agreement.
14.5 Binding Effect: This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legatees, personal representatives and other legal representatives, successors and permitted assigns. FoundHQ and Company specifically acknowledge and agree that this Agreement governs and applies to the relationship between FoundHQ and Company for all contract staffing Engagements. Except as otherwise specifically provided, this Agreement is not intended and shall not be construed to confer upon or to give any person, other than the parties hereto, any rights or remedies.
14.6 Amendments and Modifications: This Agreement, including Exhibit A hereto, may be amended, waived, changed, modified or discharged only by an agreement in writing signed on behalf of the authorized representatives of both parties.
14.7 Entire Agreement: This Agreement and any Exhibit A hereto constitute the entire agreement between the parties, and there are no representations, warranties, covenants or obligations except as set forth in this Agreement. This Agreement supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, written or oral, of the parties, relating to any transaction contemplated by this Agreement.
14.8 Waiver: Failure to insist upon strict compliance with any of the terms, covenants or conditions of this Agreement shall not be deemed a waiver of that term, covenant or condition of this Agreement. Any waiver or relinquishment of any right or power hereunder at any one or more times shall not be deemed a waiver or relinquishment of that right or power at any other time.
14.9 Remedies Cumulative: The remedies set forth in this Agreement are cumulative and are in addition to any other remedies allowed at law or in equity. Resort to one form of remedy shall not constitute a waiver of alternate remedies.
14.10 Assignment: No party shall transfer or assign any or all of its rights or interest under this Agreement or delegate any of its obligations without the prior written consent of the other party.
15. HEALTH AND SAFETY
Company agrees to train, certify, evaluate and orient all FoundHQ Contractors in all safety (IIPP), hazardous communication (MSDS information, etc.) and operational instructions in the same manner as Company employees and as required by policy or by law, including, but not limited to, all federal OSHA and equivalent state agency requirements, guidelines and standards. Company will provide and require all FoundHQ Contractors to wear all appropriate safety equipment. Company will notify FoundHQ immediately in the event of an accident or medical treatment of any FoundHQ Contractor, and will be provided with a completed supervisor’s report of injury. In the event of an accident or other incident involving a FoundHQ Contractor, FoundHQ shall have the right to conduct an onsite investigation. Company shall cooperate with FoundHQ in the conduct of its investigation.
FoundHQ limits the activities that a Contractor may provide. Company understands that no Contractor is to operate any heavy equipment or machinery; work on a scaffolding, ladder, or similar device at an elevation greater than ten (10) feet; utilize any tool or equipment without proper training or sufficient prior experience; or be responsible for any monies, securities, or other negotiable instruments. Company agrees that it will not request or require Contractors to engage in such activities. In the event of a violation of this paragraph, Company agrees to indemnify FoundHQ for any and all liability resulting from a Contractor’s engaging in the listed activities.
16. VEHICLE USE
Contractor(s) are not authorized to operate a motor vehicle for business purposes without FoundHQ’s express written permission. Company shall not request or require FoundHQ’s Contractor(s) to perform tasks that require driving a motor vehicle in furtherance of Company business without FoundHQ’s express written permission. In the event of breach of this section Company will indemnify and defend FoundHQ with respect to any and all claims related to the unauthorized use of a Company owned vehicle, including costs of suit, settlement and attorneys’ fees.
17. FORCE MAJEURE
Neither party shall be liable for any delay in delivery or nonperformance in whole of its obligations under this Agreement if prevented from doing so by a cause or causes beyond its control, including, without limitation, acts of God or public enemy, failure of suppliers to perform, fire, floods, storms, earthquakes, riots, strikes, war, and restraints of government. The suspension of performance shall be of no greater scope and no longer duration than is reasonably required and the non-performing party shall use reasonable efforts to remedy its inability to perform.
19. USE OF PERSONAL DATA
Your use of Services may involve the transmission to us of certain personally-identifiable information. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information as set forth herein, and to have your personally identifiable information collected, used, transferred to and processed in the United States or Canada.
20. COMMUNITY GUIDELINES
FoundHQ’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Site and/or Services, you hereby agree that:
9. FOUNDHQ CONTENT
Except for the Company Content, the Site and the Services and all materials contained therein, including, but not limited to software, text, graphics, copy, images, artwork, logos, trademarks, service marks, copyrights, sound recordings, audiovisual works, photographs, content belonging to other users, including, but not limited to, Contractor Content (as defined below) and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services (collectively referred to as the “FoundHQ Content”), and all intellectual property rights related thereto, are the exclusive property of FoundHQ and its licensors (including, but not limited to, other companies, Contractors and users who post content to the Services). Except as explicitly provided herein, nothing in these Terms of Service shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any FoundHQ Content, or otherwise use the FoundHQ Content in any way for any public or commercial purpose. Use of the FoundHQ Content for any purpose not expressly permitted by these Terms of Service is strictly prohibited.
Notwithstanding anything set forth in these Terms of Service, Company may (a) make a limited number of copies of Contractor Content, and (b) distribute such content solely internally to its employees, in each case, (a) and (b), solely to the extent necessary to promote Company’s engagement of the Contractors to whom such Contractor Content belongs. You must retain all copyright and other proprietary notices contained in the original FoundHQ Content on any copy you make of the FoundHQ Content. The use or posting of the FoundHQ Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of these Terms of Service, your permission to access and/or use the FoundHQ Content, any access to the Site and/or the Services automatically terminates and you must immediately destroy any copies you have made of the FoundHQ Content.
10. COMPANY CONTENT
As noted above, the Services provide Companies the ability to post and upload content including but not limited to, job description, and selection criteria (collectively, the “Company Content”). You expressly acknowledge and agree that once you submit your Company Content through the Services, it will be accessible by Contractors, and that there is no confidentiality or privacy with respect to such Company Content, including, without limitation, any personally identifying information that you may make available through the Services. YOU, AND NOT FOUNDHQ, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR COMPANY’S CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SERVICES.
Except for the license provided in this Section, you retain all copyrights and other intellectual property rights in and to your own Company Content. You do, however, hereby grant us a non-exclusive, royalty-free, sublicensable, transferable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your Company Content as reasonably necessary to provide the Services to you under these Terms of Service.
If you submit Company Content to us, each such submission constitutes a representation and warranty to FoundHQ that you own or otherwise have the valid right, by contract or otherwise, to grant to FoundHQ the rights and licenses described in these Terms of Service, deliver to FoundHQ the Company Content and FoundHQ may use the Company Content as permitted herein without violating any applicable law, rule or regulation or infringing or misappropriating any intellectual property or moral rights of any person, and that such Company Content does not contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.
11. COMMUNICATIONS WITH US
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Service or our products (collectively, the “Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place FoundHQ under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, FoundHQ does not waive any rights to use similar or related ideas previously known to FoundHQ, or developed by its employees, or obtained from sources other than you.
12. NO WARRANTIES PRIOR TO ENGAGEMENT COMMENCING
NONE OF FOUNDHQ, ITS AFFILIATES, SUBSIDIARIES, OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “FOUNDHQ PARTIES”) ENDORSE ANY CONTRACTOR, COMPANY, ANY CONTRACTOR CONTENT OR ANY CONTENT MADE AVAILABLE BY ANY COMPANY THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT THE SERVICES MERELY ASSIST COMPANIES IN IDENTIFYING CONTRACTORS THAT THEY ARE LOOKING TO ENGAGE. NONE OF THE FOUNDHQ PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN CONTRACTORS AND COMPANIES PRIOR COMPANY NOTIFYING FOUNDHQ OF THE INTENT TO ENGAGE A CONTRACTOR ON A CONTRACTUAL BASIS, AT WHICH TIME A SEPARATE TEMPORARY STAFFING MASTER SERVICES AGREEMENT WILL BE EXECUTED.
THE SERVICES AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES, THE SITE AND THE FOUNDHQ CONTENT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE SITE AND THE FOUNDHQ CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOUNDHQ OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, NONE OF THE FOUNDHQ PARTIES WARRANT THAT THE FOUNDHQ CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SITE OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY FOUNDHQ CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND/OR SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITE OR THE SERVICES.
THE LAW IN CERTAIN JURISDICTIONS DOES NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS OF SERVICE GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY ACCORDING TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS OF SERVICE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
15. EXTERNAL SITES
The Site and the Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
17. DATA SECURITY OBLIGATIONS
18. COPYRIGHT COMPLAINTS
FoundHQ respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of anysuch laws.Our designated agent under the Digital Millennium Copyright Act (the “Act”) and any other like legislation for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
ATTN: Copyright Agent
81 Prospect Street, 4th Floor
Brooklyn, NY, 11201
If you believe that your work has been copied on the Site and/or the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (a) a description of the copyrighted work that has been infringed and the specific location on the Site and/or the Services where such work is located; (b) a description of the location of the original or an authorized copy of the copyrighted work; (c) your address, telephone number and e-mail address; (d) 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; (e) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.