Terms

Last Updated June 26, 2018

Terms and Conditions

These terms of use, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), represent a legally binding agreement between you and Founders of Color, LLC ("Founders of Color" and also referred to as “we,” “us,” “our”), a Georgia limited liability company. These Terms of Use govern your access to and use of this Website, including any content, functionality, and services delivered through the domain www.foundersofcolor.org (collectively, the “Website”). These Terms of Use incorporate by references this Website's Privacy Policy at www.foundersofcolor.org/pages/privacy and Cookies Policy at foundersofcolor.org/pages/cookies.

We may update these Terms of Use from time to time in our sole discretion. We will provide you with notice of any such update by, at a minimum, posting a notice on this webpage or, in the event of a material change, notify you either through the email address you have provided us or by means of a prominent notice on the Website before the change becomes effective. . You are expected to carefully review these Terms of Use so you are aware of any changes, as they are binding on you. If any part of these Terms of Use or any future changes to these Terms of Use are not acceptable to you, you must not use or access the Website.

This Site is offered and available to users who are 16 years of age or older.  We do not knowingly collect data from or relating to children under the age of 16. If you do not meet this age requirement, you must not access or use the Website.

Intellectual Property

These Terms of Use permit you to use the Website exclusively for legitimate business and personal purposes as it relates to promoting or marketing yourself or your business, or connecting you with other founders, investors, partners, clients, or customers. The Website, and all information and content contained therein, is protected by contract law and various domestic and international intellectual property laws, including copyright laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except that your computer or other web browsing device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and you may store files that are automatically cached by your browser for display enhancement purposes. Subject to the restrictions set forth in these Terms of Use, and except for content specifically and expressly made available by us for redistribution, you may print or download information from the Website only for your personal and other non-commercial use, and not for further reproduction, publication, or distribution, provided you keep intact all copyright and proprietary notices.

These Terms of Use do not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of Founders of Color or the respective intellectual property owners. Modification of any content on the Website is explicitly prohibited. You are also prohibited from using this Site in any way that would damage its content or visibility for other visitors. As between us and you, Founders of Color has and retains exclusive and valid ownership of the Website, the names and marks thereof, and all intellectual property, proprietary rights, and content therein, and you acknowledge that the foregoing constitute valuable assets and may constitute our trade secrets. Founders of Color, and its associated logos, page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks. All other product names and company logos mentioned on the Website or offered as information or content therein are trademarks of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without our prior written authorization or the respective owners of such intellectual property. You agree that you will not remove, alter or obscure any copyright, legal or proprietary notices in or on any portion of the Website or the information and content contained therein.

Founders of Color accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), we reserve the right to terminate your use of the Website or any information and content contained therein if we determines, in our sole and absolute discretion, that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.

Prohibited Uses

You agree to use the Website only for lawful purposes and in accordance with these Terms of Use. Specifically, you agree:

• not to use the Website in any way that violates federal, state, local or international law or regulation, or generally accepted practices or guidelines in relevant jurisdictions (including any laws or regulations regarding data protection or security, or the export of data or software to and from the United States or other relevant countries);
• that you will not use the Website to transmit or send unsolicited commercial communications;
• not to access (or attempt to access) the Website by any means other than through the interface that is provided by us;
• not to attempt to gain unauthorized access to, interfere with, damage, disrupt or circumvent any of the security features of any part of the Website (or the servers, networks, and databases which are connected to the Website);
• not to access (or attempt to access) the Website through any automated means (including use of scripts or web crawlers);
• not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent;
• not to introduce any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs or other material which is malicious or technologically harmful to the Website (or the servers, networks, and databases which are connected to the Website);
• not to use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
• not to edit or otherwise modify any content on the Website that is not owned by you or another person or entity for whom you act as their agent;
• that you will not engage in any activity that interferes with or disrupts the Website (or the servers, networks, and databases which are connected to the Website);
• not to impersonate or attempt to impersonate Founders of Color, our employees, another other user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
• not to reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sub-license, trade or resell any content, image, or other aspect of the Website for any commercial purpose (except when such content is specifically and expressly made available by us for redistribution);
• to be solely responsible for (and that Founders of Color has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which you may suffer) of any such breach.

User Contributions

The Website may contain message boards, chat rooms, personal web pages, or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the worldwide, royalty-free, irrevocable right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and (ii) all of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Founder of Colors, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Founders of Color.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, including violations of another user's or a third party's rights, including, but not limited to, intellectual property rights or right to privacy.
• Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. AS PERMITTED BY LAW, YOU WAIVE ANY RIGHT OF ACTION OR CLAIM OF LIABILITY AGAINST AND HOLD HARMLESS FOUNDERS OF COLOR AND ITS OWNERS, EMPLOYEES, AFFILIATES, LICENSEES, VENDORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION OR INACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review all material before it is posted on the Website, and therefore cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability or responsibility for any action or inaction regarding transmissions, communications or content provided by any user or third party.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, gender, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.
• Be likely to deceive or defraud any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please send a notice of copyright infringement to Kelly Burton at [email protected] It is our policy to terminate the user accounts of repeat infringers.

Informational Content

The information presented on or through the Website is made available solely for informational purposes. We use reasonable efforts to update the information on the Website, but we do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by any third party who may be informed of any of its contents.

This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Founders of Color. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Please contact us at [email protected] if you have questions about the information presented on the Website.

Third Party Sites and Content

This Website contains links to other Internet websites that our business partners and other third parties own or operate. Your use of each of those websites is subject to their respective terms and conditions and privacy policies, if any. We have no control over third party websites and we are not responsible for any changes to or content posted on them. Our inclusion of any third party content is not an endorsement of that material or link or the persons or companies that own or operate the material or linked websites.

Linking to the Website and Social Media Features

You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send e-mails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

No Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY ADVICE, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER FOUNDERS OF COLOR, ITS OWNERS OR EMPLOYEES, NOR ANY PERSON ASSOCIATED WITH FOUNDERS OF COLOR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER FOUNDERS OF COLOR, ITS OWNERS OR EMPLOYEES, NOR ANYONE ASSOCIATED WITH FOUNDERS OF COLOR REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY INFORMATION, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY INFORMATION, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL FOUNDERS OF COLOR, ITS OWNERS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY/WRONGFUL DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Modifications, Interruption of Service, and Account Security

Founders of Color reserves the right to modify or discontinue this Website with or without notice to you. We shall not be liable to user or any third party should the Company exercise its right to modify or discontinue the Website. We do not guarantee continuous, uninterrupted, or secure access to our Site. The operation of our Website may be interfered with or adversely affected by factors or circumstances outside of our control or through acts of God.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is your own as well as correct, current, and complete. You agree that all information you provide to register with this Site or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other credential as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website, or any portion of it, using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion you have violated any provision of these Terms of Use.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By accessing or using the Website, you consent to all actions we take with respect to your information consistent with our Privacy Notice.

Geographic Restrictions

Founders of Color is based in the State of Georgia in the United States of America and is intended for use by residents of the United States. We make no representations that any information, products, or services made available on the Website are appropriate or available for use in all locations. Use of or access to the Website may not be legal by certain persons or in certain countries. You access and use this Website at your own risk and are responsible for compliance with the laws and regulations of your own jurisdiction.

Indemnification

You agree to defend, indemnify, and hold harmless Founders of Color and its owners, subsidiaries, affiliates, licensees, vendors, service providers, and their successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and costs) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content or services other than as expressly authorized in these Terms of Use.

General

These Terms of Use are governed by and construed in accordance with the laws of the State of Georgia, exclusive of its choice of law rules. In any action to enforce these terms and conditions, the prevailing party will be entitled to costs and attorneys’ fees. Nothing in these Terms of Use limits either party's ability to seek equitable relief. Founders of Color shall be entitled to reasonable attorneys’ fees and costs in connection with enforcing any provision of these Terms of Use. No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, and any failure by the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use constitute the entire agreement between you and us with respect to the Website, and supersedes all previous written or oral agreements. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Some states or jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states or jurisdictions, our liability and that of our third party content providers and their respective agents shall be limited to the greatest extent permitted by law.

Contact Information

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to Founders of Color at [email protected] or our mailing address:

 

Our mailing address is:

 

Founders of Color

3365 Piedmont Rd NE #1400

Atlanta, GA 30305