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Terms of Use

Last Modified: February 28, 2024

A website of Foundation Partners Group.

By using the Service, or by acknowledging these terms below, you signify that you have read, understood, and agree to be bound by these User Terms of Use (these “Terms of Use”) and to the collection and use of your information as set forth in the Privacy Policy whether you are a registered user of our Service. Foundation Partners Group reserves the right to modify these terms as described below.

PLEASE READ THESE TERMS OF USE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. YOU MUST READ AND AGREE TO THESE TERMS OF USE BEFORE USING THE SERVICE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN, YOU MAY NOT ACCESS OR USE THE SITES.

What Services We Provide and Definitions

These Terms of Use govern your access to and use of all websites and mobile applications (collectively, the “Sites” or “Service”) that link to or reference these Terms. By accessing or using a Site, you are agreeing to these Terms of Use and entering into a legally binding contract with Foundation Partners Group (“FPG”) or an FPG subsidiary or affiliated entity (collectively, “Company”). The Company offers the Sites, including all information, tools and services available from the Sites, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated here. 

Throughout the Sites, the terms “we,” “us” and “our” refer to the Company. 

Throughout the sites, the terms “User,” “you” and “your” refer to the User of the Sites and Service.

“Content” means text, images, photos, audio, video, location data, and all other forms of data provided by the users of the Sites and any data extracted or compiled therefrom. You agree that your Content may be utilized on the Sites.

“Registration,” “Registered”, or “Account” means a User-created account on the Sites, which may require provision of information by Users to create an account.

Use of the Services

You may use the Service only if:

  • You are 18 years of age or older,
  • You consent to these Terms of Use and Privacy Policy
  • You have not been previously removed from the Service by the Company.

You may only use the Service in compliance with these Terms of Use and all applicable local, state, national, and international laws, rules and regulations. 

Subject to the terms and conditions of these Terms of Use, you are granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. The Company reserves all rights not expressly granted in these Terms of Use for the Service and Company Content. 

We may, without prior notice, change the Sites or Service; stop providing the Service or features of the Sites or Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability. Upon termination of access to the Service, you continue to be bound by this Terms of Use.

Prohibited Uses

You may not use the Sites to take any action that could harm the Company, Users of the Sites, or any third party, interfere with the operation of the Sites, or use the Sites to violate any law. 

By way of example but not limitation, you may not: (a) act in a manner that negatively affects other users’ ability to engage in real time exchanges; (b) alter, edit, or delete the materials on a Site, including the deletion of any trademark or copyright notices on the Site; (c) interfere with or disrupt a Site, the Company’s servers, or networks (e.g., “Flooding” or the sending of mass unsolicited messages) or otherwise harm the Sites or other users; (d) intentionally or unintentionally violate any applicable local, state, national, or international law or any regulations having the force of law; (e) impersonate any person or entity or misrepresent your connection to any person or entity; (f) “stalk,” harass or otherwise advocate the stalking or harassing of another person; (g) collect or store personally identifiable information about other users in connection with the prohibited conduct and activities set forth herein; (h) reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of a Site; (i) attempt to override or circumvent any security measures of a Site or the Company’s third-party providers or access parts of a Site you are not authorized to visit; (j) engage in any unauthorized screen scraping, database scraping, or spidering, or collection of personally identifiable information, or use any other automated means to collect information from a Site; (k) use any software, tool or other device (such as browsers, spiders, or avatars) to search a Site, other than the search functionality offered through the Sites or other generally available web browsers; (l) link directly to any image hosted on a Site in a manner that would cause the image on a Site to be hosted on another web site; (m) link to a Site in such a manner that a Site or any portion thereof is “framed” on another web site; (n) attempt to reserve-engineer or decrypt any software on a Site; (o) use contact information on a Site for marketing purposes; (p) use Company proprietary marks on the Sites as meta tags or other “hidden text” techniques or technologies; and/or (q) facilitate or encourage the violation of any of the policies set forth in these Terms.

Some aspects of the Sites permit Users to upload User Content. As a User, you may not upload to, distribute, or otherwise publish through the Sites: (a) any Content that is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (c) any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (d) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (e) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (f) any Content that advertises commercial activities and/or sales or solicits funds or goods or services without the Company’s prior written consent (including the insertion of advertising into Site content). You may not post personally identifiable information (information that can be used to identify an individual) of any third party or solicit others to post third-party personally identifiable information. You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any Content.

Registration and User Account

Some features that may be available on the Sites require registration. By registering at and in consideration of your use of the Sites, you agree to provide true, accurate, current, and complete information about yourself.

You may never use another User’s User Account without our permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. 

Some features on the Sites require use of a password. You are responsible for protecting your password. You agree that you will be responsible for all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify the Company immediately. The Company may assume that any communications the Company receives under your password have been made by you unless the Company receives notice otherwise.

You may control your User Account on your User Account page and how you interact with the Service by changing the settings in your settings page. By providing the Company your email address you consent to our using the email address to send you Service-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 Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Communication with Us

The Company utilizes a variety of methods to communicate with Users of the Sites. 

By replying as directed to the email or text message linking to this page (“Invitation”), you consent to receive the disclosure in the Invitation electronically. This consent pertains only to the disclosure in the Invitation. You may withdraw your consent by replying “STOP” to any text we send you, but you understand that doing so means we will not be able to send you texts after we receive your reply and that your withdrawal does not have retroactive effect. You will need a mobile telephone with sufficient text message capabilities and unused storage space to view and retain a copy of the disclosure in the Invitation.

By replying as directed to an Invitation, or by otherwise providing express or written consent to receive informational or marketing text messages, you agree to be bound by these Terms of Use. You consent to receive text (SMS) messages for informational and/or marketing purposes at the telephone number to which the Invitation was sent or the telephone number specified in any other consent you have provided. You agree that these text messages may be sent by the Company, its subsidiaries, affiliates, agents, successors, and assigns (collectively, “we,” “our" and “us”). If you did not consent to receive text messages for informational or marketing purposes from us, please contact us using the contact information below. You are not required to reply as directed to an Invitation or sign another written consent for marketing texts (directly or indirectly) or agree to such a consent as a condition of purchasing any property, goods, or services.

By providing the Company with your mobile telephone number, you agree that the Company may send to your mobile telephone number autodialed text messages. Recurring messaging and frequency may vary. Message and data rates may apply. Consent is not a condition of any purchase. For help, text “HELP” to any text message you receive or call 888-788-7526 for customer support. To quit, text “STOP” to any text message you receive. If you reply “STOP,” the Company may send you an additional message confirming your “STOP” request. Text messages may not be available on all mobile carriers. You also may revoke your consent to receive text messages from us by emailing us using the contact information below. Please include the mobile telephone number to which you want us to stop sending texts in your email.
If at any time you need our contact information or information on how to stop text messages, reply to any text message we have sent you and in the reply text simply type “HELP.” Upon receiving your text message, we will send you a text message with this information.

You understand that the text messages we send may be seen by anyone with access to your mobile telephone. Accordingly, you should take steps to safeguard your telephone and your text messages if you want them to remain private. Privacy Policy

You represent that that you are either the subscriber or customary user of the mobile telephone associated with the mobile telephone number to which the Invitation was sent. Please notify us immediately if you change mobile telephone numbers or plan to provide your number to another person.

If we modify these terms and conditions, we may attempt to notify you by sending you a text message with a link to the new policy unless you have revoked your consent. We may terminate our texting program at any time.

Third-Party Content

The Sites may contain links to other websites, some of which are operated by the Company and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. The Company is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

Obituaries and Online Memorial Platform

Online Memorials are a service provided through a third-party platform with its own Terms of Use and Privacy Policy. 

We provide various features and tools that allow users to locate final resting places, send and receive tributes, preserve and share photo and video memories, build a biography and timeline to tell the story of an individual’s life, invite family and friends to funerary and commemorative events, convey remembrances of lost friends and loved ones, and construct a family tree to depict a family’s genealogy. These features and tools shall collectively be known as the “Services”. We offer the Services at www.MyKeeper.com and other websites – including www.Afterall.com – and applications powered by us (the “Platform”). 

When you share a final resting places, send tributes, upload photo and video memories, build biographies and timelines, invite or join funerary and commemorative events, post comments or messages on a memorial, and construct a family tree we receive any personal information that is made available through these uses of the Services, whether you are an Account Holder or a Guest to the Platform. In addition, we receive the personal information of the individual for whom you have created a memorial.

Your use of the Services may disclose information to the public. Any public posting on the Platform is not considered “personal information,” is at your own risk, and we cannot control how other Users interact with, download, or share your information. Further, you understand and are aware that even after public postings have been removed from the Platform, copies of content posted publicly may be preserved in cashed or archived paged and may have been captured and stored by other Users. 

By downloading, viewing, using, accessing, browsing or submitting any content or material on or to the Services, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws, without limitation or qualification.

Please read the full Terms of Use and Privacy Policy at www.MyKeeper.com.

Google API

Some portions of the Company Sites implement review services, including Google Reviews and/or other API(s).  Your use of Google Reviews is subject to Google Review’s Terms of Service, Google’s Privacy Policy, as may be amended by Google from time to time.

Facebook API

Some portions of the Company Sites implement review services, including Facebook Reviews and/or other API(s).  Your use of Facebook Reviews is subject to Facebook Review’s Terms of Service, Facebook’s Privacy Policy, as may be amended by Facebook from time to time.

Payment Processor API

Some portions of the Company Sites implement credit card payment services, including Payment Processor and/or other API(s).  Your use of Payment Processor to complete transactions is subject to Payment Processor’s Terms of Service, Payment Processor’s Privacy Policy, as may be amended by Payment Processor from time to time.

Disputes with Other Users

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. The Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.

Intellectual Property

USER CONTENT

Some sections of the Sites permit the upload of content by Users of the Sites. WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT CREATED BY YOU. THE USER CONTENT YOU CREATE REMAINS YOURS. However, you understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and these Terms of Use.  The Sites are passive conduits of User Content, and you agree that you are solely responsible for obtaining any third-party licenses or other permissions related to your Content. As a provider of interactive services on the Sites, the Company is not liable for any statements, representations or Content provided by users using the Sites. Although the Company has no obligation to screen, edit, or monitor any of the Content posted, the Company reserves the right, in its sole and absolute discretion, to remove, screen, or edit any Content posted or shared on the Sites at any time and for any reason without notice.

You acknowledge that you are responsible for any material you may submit via the Sites (including any components of the Sites administered by third parties, such as tools that allow you to interact with the Sites through Facebook, Google, and/or other social media platforms), including the legality, reliability, appropriateness, originality, and copyright of any such material. 

You represent and warrant that: (a) you own or otherwise control all the rights to the Content you post and the Content is original to you; (b) the Content is accurate; (c) use of the Content you supply does not violate any provision herein and will not cause injury to any person or entity; (d) the Content is not defamatory and does not infringe upon the rights of any other party; (e) the Company’s use of the Content as provided for herein will not violate or infringe the intellectual property rights of any third party; and (f) you have full authority to enter into and accept these Terms of Use and grant the rights and licenses herein.

OUR PROPRIETARY RIGHTS

All content on the Sites (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by the Company, its licensors, or its content providers and is protected by copyright, trademark, and other applicable laws. 

You may access, copy, download, and print the material contained on the Sites for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download, or print. Any other use of content on the Sites, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Sites, or use of the Sites for purposes competitive to the Company, is expressly prohibited without the prior written consent of the Company. 

You agree to abide by all additional restrictions displayed on the Sites as may be updated from time to time. The Company reserves the right to refuse or cancel any person’s registration for the Sites, remove any person from the Sites, or prohibit any person from using the Sites for any reason whatsoever. The Company, or its licensors or content providers, retain full and complete title to the material provided on the Sites, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in the Company’s sole discretion. The Company neither warrants nor represents that your use of materials on the Sites will not infringe rights of third parties not affiliated with the Company.

Trademarks, logos, and service marks displayed on the Sites are registered and unregistered trademarks of the Company, its licensors or content providers, or other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on the Sites will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Sites without the owner’s prior written permission, except as otherwise described herein. The Company reserves all rights not expressly granted in and to the Sites and their content. The Sites and all of their content, including but not limited to text, design, graphics, interfaces, and code, and the selection and arrangement thereof, are protected as a compilation under the copyright laws of the United States and other countries.

If you do submit User Content, you grant the Company an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully transferable, assignable and sublicensable right to use, reproduce, modify, adapt, store, host, index, cache, tag, reformat, publish, translate, encode, create derivative works from, distribute, perform, and display such material throughout the world in any media or technology now known or hereafter developed, including for marketing, advertising, and other commercial purposes. You waive any right you may have to object to the alteration of the Content in a manner not agreeable to you. You further agree that the Company is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to the Company. You grant the Company the right to use the name you submit in connection with such material, if it so chooses.

DMCA PROTECTION

You hereby are informed that the Company has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of users of the Sites who are copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:

Foundation Partners Group
Attn: Legal Department
4901 Vineland Road, Suite 300
Orlando, FL 32811
Email: [email protected]

To be effective, your notification must: (a) be in writing, (b) be provided to our copyright agent, and (c) include substantially the following: (1) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site; (2) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (3) information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (4) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company is under no obligation to post, forward, transmit, distribute, or otherwise provide any material available on the Sites, including material you provide to us, and we have an absolute right to remove any material from the Sites in our sole discretion at any time.

General

INDEMNITY

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, contractors, agents, insurers, licensors, service providers, subcontractors, and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Sites, your provision of any Content to the Sites, and any violation of these Terms of Use. 

If you cause a technical disruption of the Sites or the systems transmitting the Sites to you or others, you agree to be responsible for all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Company in the defense of such matter.

REPRESENTATIONS AND WARRANTIES

YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITES OR ANY FEATURE OR PART THEREOF AT ANY TIME WITHOUT NOTICE. TERMINATION OF YOUR ACCESS OR USE WILL NOT WAIVE OR AFFECT ANY OTHER RIGHT OR RELIEF TO WHICH THE COMPANY MAY BE ENTITLED AT LAW OR IN EQUITY. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SITES WILL CREATE ANY WARRANTY OF ANY KIND. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK AND THAT THE SITES ARE MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE SITES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE SITES, THE COMPANY’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SITES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

GOVERNING LAW

The laws of the State of Florida govern these Terms of Use and your use of the Sites. We recognize that it is possible for you to obtain access to the Sites from any jurisdiction in the world, but we have no practical ability to prevent such access. The Sites have been designed to comply with the laws of the State of Florida and of the United States. 

If any material on the Sites, or your use of the Sites, is contrary to the laws of the place where you are when you access the Sites, the Sites are not intended for you, and you may not use the Sites. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

ARBITRATION

All disputes the Company or you has relating in any way to any program or your relationship with the Company (including, without limitation, your transactions with the Company, the Company’s advertisements and disclosures, email and mobile SMS (text) messages the Company sends to you, or the use or disclosure of any information about you), privacy policies, or terms of use will be submitted to confidential arbitration in the federal judicial district in which you reside, except to the extent that you have, in any way, violated or threatened to violate any Company intellectual property right. Disputes include claims based on contract, tort (including intentional tort), fraud, agency, your or the Company’s negligence, statutory or regulatory provisions, or claims from any other source of law.

To invoke arbitration, you must first send to the Company, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Company must be mailed to 4901 Vineland Road, Suite 300, Orlando, FL 32811 Attn: Legal Department. The Notice must describe the nature and basis of the claim or disputes and the specific relief sought. If you and we cannot reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence arbitration.

All arbitrations required by these Terms of Use will be conducted before a single arbitrator under the JAMS Streamlined Arbitration Rules & Procedures of JAMS. If there is a conflict between the JAMS rules and these Terms of Use, the Terms of Use will govern. The arbitration will be held in location chosen by the Company unless you and the Company agree to another location or to conduct the arbitration by telephone. The arbitrator’s award will be binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, any claim is to be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Unless the Company and you agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, private attorney general, or class proceeding.

For arbitration claims you assert against the Company in accordance with this section (but not for any arbitration claim against you), the Company will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, the Company will pay its, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it will apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.

CLASS ACTION OR JURY TRIAL WAIVER

To the extent permitted by law, you will not agree to act as a representative or a private attorney general, or in any other representative capacity, or participate as a member of a class of claimants in any lawsuit against the Company in any court, or in arbitration, with respect to any claim. This section will survive the termination of the relationship between you and the Company.

The Company or you may seek injunctive relief only in any state or federal court in Orange County, Florida, and the Company and you consent to the exclusive jurisdiction and venue in the state and federal courts in Orange County, Florida for injunctive relief purposes. The arbitrator will have no authority to issue injunctive relief. Any claim brought under or concerning these Terms of Use must be brought within two years after the date the claim arises, or the claim will be barred.

Entire Agreement

These Terms of Use and the Privacy Policy comprise the entire agreement between you and the Company and supersede all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein. All notices, requests, or other communications must be in writing and sent via email or US pre-paid post to the authorized representative of the other party. No joint venture, partnership, employment, agency, or exclusive relationship will exist between you and the Company. Any failure to enforce any provision of these Terms of Use will not constitute a waiver of such rights. All indemnities, licenses, disclaimers, limitations, and restrictions of warranty will survive termination of these Terms, as well as the provisions of this section.

These Terms of Use and any policies or operating rules posted on the Sites constitute the entire agreement and understanding between you and the Company with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use will be admissible in judicial or administrative proceedings based on or relating to use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Company offers a wide range of goods and services, and sometimes additional terms may apply. When you purchase a product or service from the Company, you also will be subject to the guidelines, terms, and agreements applicable to that product or service (“Service Terms”). If these Terms of Use are inconsistent with the Service Terms, those Service Terms will control.

Severability

If any provision of these Terms of Use is held unlawful, void, or unenforceable by a court or body of competent jurisdiction, the remaining provisions of these Terms of Use will remain in place.

No Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of any term, and the Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of any right or provision.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you. These Terms of Use may be assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Amendments

The Company reserves the right in its sole discretion to change, modify, add, or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the relevant Sites. It is your responsibility to check periodically for any changes we make to the Terms of Use. Revised terms will take effect five days after their publication on the relevant Sites and will apply only on a going-forward basis. Your continued use of a Site after that point signifies that you accept the changes.

The Company is not responsible if information made available on the Sites is not accurate, complete, or current. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Sites is at your own risk. The Sites may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. 

State Specific Information

CALIFORNIA

The provider of Services is Foundation Partners Group, Inc. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

NEW JERSEY

If you are deemed to be a “consumer” as that term is used in N.J. Stat. § 56:12-15, the sections labeled “Arbitration” and “Class Action or Jury Trial Waiver” does not limit or waive your rights under New Jersey law, and the provisions in these Terms of Use are not intended to limit the rights of New Jersey residents under New Jersey law.

Electronic Signature

By selecting the “I Accept” or “I Agree” button, or utilizing the Sites, you are signing these Terms of Use electronically.  You agree your electronic signature is the legal equivalent of your manual signature on these Terms of USe.  You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as “E-Signature”), acceptance and agreement as if actually signed by you in writing.  You also agree that no certification authority or other third-party verification is necessary to validate your E-Signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and the Company.  You also represent that you are authorized to enter into these Terms of Use for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of these Terms of Use.  You further agree that each use of your E-Signature in connection with the Service constitutes your agreement to be bound by the terms and conditions of these Terms of Use.

Privacy and Security

We care about the privacy of our Users.  

The Company uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

You understand that by using the Sites, you consent to the collection, use and disclosure of your personally identifiable information and aggregate and/or anonymized data as set forth in our Privacy Policy.

Contact Information

If you have any questions about these terms and conditions, would like us to mail you a paper copy of this policy or are having problems receiving or stopping our text messages, please contact us using the following information: 
Foundation Partners Group

369 N New York Ave

Winter Park, FL 32811

Attention: Marketing Department; 

or call 888-788-7526; 

or send an email to [email protected].