FOUNDOUS TERMS OF SERVICE

1.  O hai

Welcome to Foundous—we’ll be your guides.  Whether you’re here because you were searching for our web design services or simply because you put on a blindfold and kept clicking links until you ended up on our website, we are happy to meet you and you are welcome to stay and look around.  All we ask if that you please read these Terms of Service and our Privacy Policy carefully before you do anything else, as you must agree to both documents in order to have permission to use our Service.

2.  Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them.  We know that you are smart and probably know what they mean already, but our big fancy city lawyers told us we had to define them anyway.  The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

“Agreement” refers to these Terms of Service;

“Foundous” refers to our company, known as “Foundous FZE”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;

“Service” refers to the services that we provide through our Site, including our website design services and our Site itself;

“Site” refers to our website, www.foundous.com;

“User” refers to anyone who uses our Service, including general visitors to our Site;

“You” refers to you, the person who is entering into this Agreement with Foundous.

3.  What Foundous Offers

Foundous designs websites, primarily for small owner-operated business, but any business is eligible to use our Service.  Using our Service, you can get the basics of your Site ready so that all you need to do is chain a team of monkeys to typewriters until they randomly type content for your Site.  Or, if the keeping of monkeys for non-zoological purposes is prohibited in your legal jurisdiction, you may write the content yourself (though that’s not nearly as fun).

4.  Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

  •   You must not be in violation of any embargoes, export controls, things which aren’t written but are still a big no-no, or other laws of the Emirate of Fujairah of the United Arab Emirates or other countries having jurisdiction over this Agreement, Foundous, and yourself.
  •   You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age (those are Earth years… don’t get smart and tell us you’re 25 on the Planet Kepler-78b).
  •   You must not be signing up on behalf of a natural person other than yourself.
  •   You must, if signing up on behalf of a person other than a natural person, be authorized to bind that person to this Agreement, and you hereby agree that you are doing so and that both you and that person shall be held jointly and severally liable for any breaches of this Agreement that either you or that person commit.  Phew—that was a mouthful.
  •   You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.

5.  Disclaimer

Notwithstanding any other communications made by us to you, including on our Site, directly, via carrier pigeons or smoke signals, or otherwise, you agree that our Service is offered on an as-is, where-is basis, and that Foundous is not responsible for any loss that you may incur as the result of your use of our Service. We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. our use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service 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, non-infringement or course of performance.

Foundous its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

6.  Limitations of Liability

In no event shall Foundous, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

7.  Rules of Use

You must not:

  •   Violate the laws of the United Arab Emirates, its individual emirates, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
  •   Breach the Treaty of Algeron 2311.
  •   Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Foundous or its delegates.  “Objectionable” shall be deemed to include anything involving post-2011 Miley Cyrus.
  •   Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party (the highly technical legal term for this is “being a big meanie”).
  •   Hack, crack, phish, SQL inject, Botox inject, or otherwise compromise the security or integrity of the Foundous Site, Service, or its Users’ computers.
  •   Do anything else which could bring Foundous into disrepute or violate the rights of any person, or dog—we like dogs.

8.  Payment and Refund Policy

Payment for our Service via credit card.  Unless otherwise stated, all prices are listed in United States dollars.  You may send us an envelope stuffed with Monopoly money if you like, but it will not count towards your amount owed, plus we get to keep the Monopoly money—some always goes missing from our board so it’s good to have spares.

If you do not like our Service, you may request to cancel your subscription. We do not offer refunds as our subscription is month to month with no contract.

9.  Chargebacks

Where a User conducts a chargeback against Foundous, such User shall be liable to Foundous for the full amount of the chargeback as well as any attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred by Foundous in its enforcement of its rights under this section.  Plus, we may tell your mom on you.

10.  Our Copyright

Okay, we’re not like certain companies that are so litigious that we’ll sue you for singing “Happy Birthday” or something, but we do need to protect our important business materials using the applicable copyright laws.  So, by using our Service, you agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Site, or our Site itself, without our prior written permission.  This includes, but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing the materials that we provide, even if such materials would otherwise be publicly available.  Such copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our data, but can also negatively impact our network capacity and we hear may stain your teeth, so don’t do it.

11.  Your Copyright

Foundous must be assured that it has the right to use the content that is posted to its Site by its Users.  Such content may include, but is not limited to, photographs, videos, text, audio, secret family recipes for boiling water, and other materials.  Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, make papier-mache out of, and otherwise make use of the content that you submit to us.  You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.

12.  Trademarks

“Foundous” is a trademark used by us, Foundous FZE, to uniquely identify our Site, Service, and business.  In highly technical legal terminology, this is known as our “bling.”  You agree not to use our bling anywhere without our prior written consent.  Additionally, you agree not to use our trade dress (this is not women’s clothing), or copy the look and feel of our Site or its design, without our prior written consent.  You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing service.

13.  Revocation of Consent

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time (also known as calling “takesies-backsies”).  You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

14.  Copyright & Trademark Infringement

We fully comply with the United Arab Emirates’ Federal Law No. 7 of the Year 2002 Concerning Copyrights and Neighboring Rights as well as Federal Law No. 37 of 1992 on Trademarks, as amended.  Additionally, though we do not acknowledge being subject to the jurisdiction of any foreign laws or courts, we may voluntarily comply with foreign copyright legislation where is it not inconsistent with the laws of the United Arab Emirates—please do not try to impose court orders from Mars upon us.  Therefore, if you believe that your intellectual property rights have been infringed under Emirati law, please take some time to dry your tears and then send us a message which contains:

Your name. The name of the party whose rights have been infringed, if different from your name.The name and description of the work that is being infringed.The location on our website of the infringing copy (a URL or list of URLs is preferable).Your electronic signature.

Please send this to us at support@foundous.com.

15.  Defamation

Foundous complies with Federal Law No 3 of 1987, as well as any other Emirati laws regarding jerkfaces who post nasty things about other people.  If you believe that you have been defamed by us or a User, please notify us immediately by contacting support@foundous.com and we will take action to remove the offending material.

16.  Representations & Warranties

A LONG TIME AGO, A MAN IN A POWDERED WIG AND A BLACK DRESS BANGED A WOODEN HAMMER AND DECIDED THAT THIS SECTION NEEDED TO BE WRITTEN IN ALL CAPITALS.  ACTUALLY, WE ARE UNAWARE OF A COURT EVER SAYING THIS SECTION HAS TO BE IN ALL CAPITALS, BUT IT IS SOMEWHAT TRADITIONAL AMONG LAWYERS SO WE DON’T WANT TO GO AGAINST THE FLOW.

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE.  YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT.  TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING YOUR CREDIT CARD COMPANY, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.

YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.  NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

OKAY, WE WILL STOP YELLING NOW.

17.  Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it.  You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

18.  Choice of Law

This Agreement shall be governed by the laws in force in the Emirate of Fujairah, in the United Arab Emirates.  The offer and acceptance of this contract are deemed to have occurred in the Emirate of Fujairah.  The Emirate of Fujairah is the only Emirate in the U.A.E. that has its coastline solely on the Gulf of Oman.  For more facts about the Emirate of Fujairah, please contact your local Fujairah-ologist.

19.  Forum of Dispute

Because our jurisdiction does not permit the resolution of disputes by means of a high-stakes game of Tiddlywinks, you agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the Emirate of Fujairah.  Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely before the lowest civil court of competent jurisdiction in the Emirate of Fujairah (“Small Claims Court”).

If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.

If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.

You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

20.  Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, zombie attacks, crime, labor shortages (including lawful and unlawful strikes), Martian invasions, embargoes, postal disruption, communication disruption, unavailability of payment processors, rabid chipmunks, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

21.  Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, the provisions shall be made to fight to the death in the Thunderdome to determine the one which prevails.  If it is found that the conflicting provisions lack the sentience necessary to engage in fights to the death, Foundous shall have the sole right to elect which provision remains in force.

22.  Non-Waiver

Foundous reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law, including the right of the people to keep and bare arms—we really like wearing t-shirts.  Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

23.  Termination & Cancellation

We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases.  Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.

Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users, even if we become aware that they are being jerk-faces and fail to take any action against them.

24.  Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.  For example, we may be required to assign our rights to a third party in the event of a merger or acquisition relating to Foundous, or the sale of the rights to the Foundous.com Service and related services to a third party.

25.  Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page accordingly.  You must read this page each time you use our Service and your continued use of our Service shall constitute your acceptance of any such amendments.

Last Modified:  February 4, 2018