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The Sure System

Terms of Use

Last Updated: July 20, 2026

1. Acceptance of the Terms of Use.

By accessing or using the Foundation Group website offered by Foundation Group, Inc., (“Foundation Group,” “we,” “us” or “our”) at www.brytebridge.com, www.501c3.org and all associated pages and services (collectively referred to as our “Website”) as further described below, which includes any SaaS and platform components accessible through or linked on the Website, collectively referred to as the “Services”, you (the “User”, “your” or “you”) confirm that you have read, understand and agree to be bound by these terms of use (“Terms of Use” or “Terms”). Please read the Terms of Use carefully and print a copy for your records.

IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICES OR PRODUCTS.

PLEASE BE AWARE THAT SECTION 15 OF THESE TERMS OF SERVICE, BELOW, CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND FOUNDATION GROUP HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST FOUNDATION GROUP TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN SECTION 15 OF THESE TERMS: (i) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST FOUNDATION GROUP ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (ii) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION PROVISIONS SET FORTH IN SECTION 15 OF THESE TERMS COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING CLASS ACTION LITIGATION. PLEASE SECTION 15 FOR MORE INFORMATION REGARDING THESE ARBITRATION PROVISIONS, INCLUDING THE ARBITRATION PROVISIONS’ IMPACT ON THE PENDING CLASS LITIGATION AND HOW TO OPT OUT OF ARBITRATION. THE TERMS OF SERVICE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

2. Changes to these Terms of Use.

By accessing our Services, you acknowledge that we have the right to revise and amend these Terms of Use without prior notice. Your continued use of the Services following our posting of any such changes will mean that you accept such changes. Notwithstanding the foregoing, We may notify you at the email address provided to us or by a posting on the Website in the event that we make any material changes to these Terms of Use, and you may have to agree to or reject the updated Terms of Use at that time, in order to continue using the Services.

3. Services and User Acknowledgements.

    1. Types of Services. Foundation Group offers a variety of services and offerings designed to assist nonprofit organizations in with formation, management, maintenance and compliance matters. The following Services may be available through the Website, including through a Foundation Group partner’s website linked or referenced therein.
      1. Formation and Reinstatement Services. Foundation Group offers incorporation, formation and reinstatement services for nonprofit organizations include preparing and filing documents for formation, organization, incorporation or reinstatement services as a limited liability company or corporation in the jurisdiction of the client’s choosing and where Foundation Group has appropriate capacity and ability. For nonprofit organizations, incorporation services may include revising articles of incorporation to meet the requirements set by the Internal Revenue Service (IRS) to qualify for and comply with the requirements of a 501(c) tax exemption.
      2. Registered Agent Services. Registered Agent Services may be available to you through the Website, including without limitation through the SureSTART™ offering. A registered agent is a person or entity authorized to receive service of process in the event of a lawsuit and other important documents on behalf of the business (“Registered Agent”). By purchasing Registered Agent Services, you hereby understand, acknowledge and agree as follows:
        1. To be eligible to obtain Registered Agent Services, you must provide Foundation Group with all required information requested by Foundation Group as needed to establish us as your Registered Agent pursuant to applicable state (and federal, as applicable) laws, which includes, without limitation, providing a physical and mailing address to be recorded by the state.
        2. You are responsible for contacting the appropriate Secretary of State to understand laws applicable in each jurisdiction where your entity conducts or may conduct business.
        3. You understand and accept the specific purpose and use of a Registered Agent, which is to be appointed and maintained by a legal entity according to local statutory requirements.
        4. Registered Agent Services are limited to receiving and forwarding items covered under state statutes. When receiving process your behalf, Foundation Group shall not be held responsible for any part of the lawsuit or claim.
        5. You agree to indemnify, defend and hold harmless Foundation Group for any and all claims brought in these processes or related to these processes.
        6. You are responsible for providing proof of a substitute agent prior to the filing renewal date. If proof of a substitute Registered Agent is not received by the renewal date, you will be charged the full fee for the renewal term. The address for the Registered Agent is for use by the Registered Agent and is not to be used as your business address.
        7. If any changes to a Registered Agent are required, you must follow the below instructions: (i) Filing a Change of Agent Request: To change registered agents, you must file a change of agent request with the state. Foundation Group (either directly or through a partner website) may be able to assist you with this change upon your request and subject to any additional fees and notice or information requirements.
        8. Foundation Group (or its partner websites, as applicable) cannot independently cancel Registered Agent Services due to legal obligations for an entity to have a registered agent. You understand that failing to have, and maintain, a Registered Agent may subject you to penalties and/or a revocation of authority to operate in the state.
        9. All Registered Agent Services and subscriptions thereto shall automatically renew annually unless you provide written notice to us of your desire not to renew at least 60 days prior to the one year anniversary date from the date you first purchased the Registered Agent Services.
      3. IRS Filing Services. Services may be available through the Website (either directly or through a partner website) that include preparing and filing IRS documents, including without limitation Form 990-N (e-Postcard) exclusively for non-profit organizations that qualify for federal income tax exemptions under Section 501(c)(3) of the Internal Revenue Code. To ensure successful processing, Foundation Group and its partners, as applicable, reserve the right to advise against any potential issues and cannot include information within the Form 990-N documents that would lead to unsuccessful filing. Our employees and representatives are not trained to offer specific tax advantages and cannot provide legal advice. You are solely responsible for determining if you are eligible under Section 501(c)(3) of the Internal Revenue Code to file IRS Form 990-N, and we shall have no liability whatsoever relating to your eligibility determination or any losses, damages, expenses, penalties, fines or other consequences that may result from or arise out of an improper IRS filing (including, without limitation filing using an IRS) Form for which you are not eligible under the Internal Revenue Code.
      4. GroupSync™ Compliance Services. GroupSync™ is a compliance service in the form of a web-based platform provided by Foundation Group, designed for central nonprofit organizations navigating the IRS group tax exemption requirements under Revenue Procedure 2026-8. The services offered through GroupSync may include, without limitation document management, automated compliance questionnaires, reminder campaigns, subordinate organization status tracking, and submission facilitation of Subordinate Group Ruling Information (“SGRI“). To obtain services through GroupSync™, you will need to execute a separate order form (an “Order Form”) with Foundation Group describing the scope and features of the applicable subscription plan you select. GroupSync™ services are offered in tiered subscription plans (currently Essential, Managed, and Premier) which will be designated and described in further detail within your executed Order Form. All GroupSync™ tiers include unlimited subordinate user accounts on the platform. “Subordinate users” means individual employees, agents or authorized users within your organizations who are granted login access to GroupSync™ for the purpose of completing compliance questionnaires, uploading documents, and participating in compliance processes.
    2. The Services offered through the Website (either directly or through one of Foundation Group’s partner websites) may include certain filing services with the IRS and/or the Secretary of State. You acknowledge and understand that Foundation Group is not a law firm and neither Foundation Group nor any of its employees provide legal or professional services or advice and should not be relied upon as such. If legal or other professional assistance is needed, we recommend that you seek the services of a competent professional. The Foundation Group content and Services should not serve as a substitute for legal advice from an attorney familiar with the facts and circumstances of your specific situation. No confidential attorney-client relationship is formed through use of this Website or the Services. Further, Foundation Group provides neither insurance nor any other liability coverage with respect to the information provided to us, the Services or as the result of your use of our Services.
    3. You shall: (i) be solely responsible for the accuracy, quality, integrity and legality of the information, data, content, documentation or other materials provided by you (“User Content”) and the provision of User Content to Foundation Group or entered into the Website or Services; (ii) be solely responsible for obtaining any consent or opt-in requirements required by your policies or applicable law and for ensuring all User Content is within the scope of any such consent or opt-in requirements; (iii) prevent unauthorized access to or use of the Services and promptly notify Foundation Group of any such unauthorized access or use; and (iv) use the Services only for your internal business purposes in accordance with the applicable documentation and applicable laws, rules and regulations.
    4. You represent that the User Content supplied by you or your agent to Foundation Group is accurate and complete, including with respect to any information you provide for any filing. You also acknowledge that Foundation Group is relying upon such information in the preparation and completion of filings on your behalf through its performance of the Services, and that Foundation Group is not responsible for any verification of User Content by Foundation Group as to its accuracy, integrity, legality or completeness and Foundation Group shall not be liable for any inaccurate or incomplete reports, records, deliverables, responses materials, documentation, work product or other output (“Output”) generated on behalf of you or by or through your use of the Services based on User Content, including without limitation any Output generated through use of artificial intelligence (AI) software, tools or products offered on the Website or as part of the Services. You agree to hold Foundation Group and its parent, subsidiaries, directors, officers, employees, affiliates, successors, assigns, agents and representatives harmless and defend and indemnify Foundation Group from and against any claims, causes of action, damages and liability of whatever kind or nature, including but not limited to court costs and reasonable attorney fees relating to User Content (including to the extent incorporated in Output generated by your use of the Services). It is your responsibility to update User Content and/or inform Foundation Group of any changes or corrections to your information.
    5. You give Foundation Group and any affiliated companies or third parties consent to affix an electronic signature where required to file documents with the IRS on your behalf through our provision of the Services. You understand that you may withdraw your consent, provided that your documents have not already been filed, by contacting Foundation Group at marketing@foundationgroup.com. Further, you acknowledge and agree that it is your responsibility to meet all applicable filing deadlines.
    6. You acknowledge and agree that Foundation Group’s review of answers is limited to completeness, spelling, and internal consistency of names, addresses, and the like. You are required to, and agree that you will, read the final document(s) before signing them, where applicable, and you agree to be solely responsible for the final document(s) or Output.
    7. You agree and consent to Foundation Group’s use of third parties, including affiliates and subcontractors to provide the Services to you, including individual aspects thereof.
    8. You may be allowed to interact with our Services in a variety of formats. Our Services may generate Outputs or responses or enable the Services to take actions on your behalf, such as software manipulation, data processing, and system interactions, based on your inputs. With respect to your use of any artificial intelligence or large language models (“AI”) offered on the Website or as part of the Services, you acknowledge and agree that all AI is provided on a strictly “AS-IS” basis and with all faults and that the AI technology is an emerging technology that is still improving in accuracy, reliability and safety. When you use Services (including any AI therein), you acknowledge and agree:
      1. Output may not always be accurate and may contain material inaccuracies even if they appear accurate because of their level of detail or specificity.
      2. Actions may not be error free or operate as you intended.
      3. You should not rely on any Outputs or actions without independently confirming their accuracy and you are solely responsible and liable for verifying the Outputs.
      4. The Services and any Outputs may not reflect correct, current, or complete information.
      5. You will not use the Outputs in violation of any applicable laws or regulations, nor shall you make decisions based on the Outputs that are discriminatory in nature, whether based on race, sex, gender, ethnicity or other distinguishing or sensitive features.
      6. Outputs may contain content that is inconsistent with Foundation Group’s views.

Foundation Group is not responsible and shall not be liable for any Output generated through your use of the Services.

4. The Services are For Use by Individuals 18 Years of Age and Older.

While Foundation Group stores, processes and transfers data of individuals of all ages, including data regarding children based on their guardian’s or parent’s consent, the Services are intended solely to be accessed by natural persons who are 18 years of age or older, and any registration by, use of, or access to the Services by any person under 18 is unauthorized and in violation of these Terms of Use. We may terminate your use of the Services without notice if we believe you are less than 18 years old. By using the Services, you represent and warrant that, you are a natural person, you are 18 or older, and that you agree to and will abide by all of the terms and conditions of these Terms of Use.

5. Services Use Restrictions.

  1. You shall not and shall not cause, induce or permit any third party to:
    1. Reverse engineer, disassemble, or decompile the Services or any component thereof;
    2. Establish an emulated environment to host, use or display any information used by the Services or otherwise copy, frame or mirror such information;
    3. Input into the Services or use the Services to generate, produce or transmit infringing, libelous or otherwise unlawful or tortuous material, or transmit material that violates any third-party privacy rights;
    4. Share login or user ID information with any other person or third party;
    5. Attempt to gain unauthorized access to the Services or their related systems, solutions or networks;
    6. Sell, resell, rent or lease any of the Services;
    7. Permit any third party to access the Services except as permitted by these Terms;
    8. Create derivative works based on the Services;
    9. Use any automated means to access the Services or collect any information from the Services (including, without limitation, robots, spiders, scripts, or other automatic devices or programs);
    10. Frame the Services in any manner, utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over any Services’ pages, or otherwise affect the display of any pages on the Services;
    11. Engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
    12. Use the Services in any manner that violates applicable law or that could alter, damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services; or
    13. Access, use or monitor our Services for benchmarking or any competitive purposes.
  2. We may terminate or disable your access to these Services for any reason, with or without cause, including if we believe that you have violated or acted in a manner inconsistent with these Terms of Use.

6. User Representations.

  1. The Services may be accessed only by registering for an account and creating a password. Keep your password secure. You are responsible for the activities on your account. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Services will violate or infringe upon the rights of any third party, including without limitation any copyright, trademark, patent, privacy, publicity, or other personal or intellectual property rights; or contain libelous, defamatory, or otherwise unlawful material. You will notify us promptly if you discover any unauthorized use of your account. We are not responsible for any losses resulting from unauthorized use of your account.
  2. In addition, you agree not to use the Services to:
    1. Except where authorized by us, register for more than one User account, register or operate a User account on behalf of or for the benefit of any person who is not eligible to register for or operate a User account in their own name;
    2. Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with or authority to act on behalf of any person or entity;
    3. Upload, post, transmit, share, store, or otherwise make publicly available through the Services any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers, unless expressly authorized to do so by that third party; and
    4. Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Services; or Use or attempt to use another’s account without authorization from that person, or create a false identity through the Services.

7. Information Posted through the Services; Third Party Offerings and Websites.

  1. As between us and you, all content made available on or through the Services, whether uploaded, published, or displayed by us, including designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement, is the property of Foundation Group (or if applicable, third-party providers) (collectively the “Foundation Group Content”). To the best of our knowledge, we use only content that we own or have permission to use. No Foundation Group Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the owner’s prior written permission. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
  2. Foundation Group may act in reliance upon any instruction, information, document, filing, name, email address or user password that You provide, including with respect to any filings or submissions made through or with the Services. For any password protected areas, Foundation Group may assume a person entering a username, address and associated password is, in fact, that user or is authorized by that user to act on its behalf. Foundation Group may assume the latest email addresses and registration information on file with Foundation Group are accurate and current.
  3. You are solely responsible for the information that you post on or through the Services and your conduct regarding the Services. By posting information to or through the website, you agree to (a) provide accurate, current, and complete information; (b) maintain the security of your password and identification, to the extent you are provided a password and identification; (c) promptly notify us of any changes to information or circumstances that could affect your eligibility to continue using the Services; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
  4. The Services may provide access to payment processing that is hosted and provided by third party service providers. As made available to you, third party service providers have additional terms and conditions that are different than these terms. To the extent not restricted by law or applicable agreements with third parties, Foundation Group is not responsible or liable for any third party acts or omissions or services they may provide you.
  5. The Services may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Where the Services contain links to Third-Party Links & Ads, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. Foundation Group does not review, approve, endorse or make any promises with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, not these Terms of Use.
  6. Accordingly, we are not responsible for the practices employed by third-party websites or services linked to or from our Services, including the information or content contained in such third-party websites or services, and these Terms of Use do not apply to them. Privacy notices on such linked websites may be different from our Privacy Policy. Your browsing and interaction with any third-party website or service, including those that have a link on or through our Services, are subject to that third-party’s own rules, terms and privacy notices. You access such linked websites at your own risk.
  7. You acknowledge and agree that Foundation Group is not responsible for and hereby disclaims all liability relating to any third-party’s acts, omissions, delays or failures including, without limitation third-party banks and bank or payment processors, the IRS or any secretary of state or other state or federal government websites or portals, and any delay, errors, failures or outages occurring in connection with such banks, processors, government entities or agencies or portals, websites, applications, software or services. Foundation Group is not responsible for any failure to timely file any documents in accordance with IRS-imposed deadlines.

8. Payment Terms.

The following terms apply to your purchases of our Services.

  1. Fees. Foundation Group charges fees to perform the Services and provide the offerings on its Website. All state, government, or agency filing, late, penalty, or other fees are your sole responsibility and are not included in Foundation Group’s pricing for the Services. At Foundation Group’s sole discretion and with your permission, the Foundation Group team may collect any filing fees upfront and pass them on directly to the state, government, governing agency, or any other third party. Additionally, Foundation Group may add a convenience or service fees to cover the time and risk associated with making payments before receiving payment. All fees paid by you for the Services are noncancellable and non-refundable. Any Fees for Registered Agent Services automatically renewing in accordance with Section 3(a)(ii)(9) shall be charged automatically at the then-applicable rate to the card on file unless we receive notice from you in accordance with Section 3(a)(ii)(9). Subscription fees for GroupSync™ will be described in the applicable Order Form executed between you and Foundation Group. Any price changes affecting your subscription or use of the Services will take effect following notice sent by us to the email address connected to your account. You agree that you will provide Foundation Group with accurate and complete information in order to process automatically renewing payments. You hereby authorize Foundation to charge your payment method on file for automatically renewing Services, unless you cancel the automatically renewing Services in accordance with this Section 8(a).
  2. Payment. When you purchase the Services, you agree (i) that Foundation Group may charge the credit card, debit card, or other payment method you have chosen for your purchase verification, pre-authorization, and payment purposes for the total amount of your purchase (including any applicable taxes, filing or service fees or other fees) directly or through a third-party payment processor (e.g., Stripe); (ii) Foundation Group may provide your payment information to third parties so we can complete the transaction related to your purchase and charge your payment method for the Services you have purchased (plus any applicable taxes and other charges); and (iii) to bear any additional charges that your bank or other financial service provider may levy on you. Completion of a payment transaction is contingent upon: (1) you providing complete personal, account, transaction and any other information needed, (2) authorization of the payment by your credit or debit card company or the company that is otherwise facilitating your payment, and (3) acceptance of your payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (a) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (b) if you use the Services in breach of these Terms; (c) if we suspect fraudulent, unlawful or improper activity regarding a payment; (d) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (e) failure to cooperate in an investigation or provide additional information when requested.
  3. Reservation of Rights. We reserve the right to not process or reject your order for the Services provided in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Foundation Group deems appropriate in its sole discretion.
  4. Prices and Taxes. Unless otherwise noted, all prices displayed for the Services are displayed in the local currency (e.g., U.S. dollars). Prices are subject to change at any time upon notice. Any services charges or applicable taxes are additional to the prices for the Services, and such services charges and taxes will be communicated to you at checkout before you place an order as a separate line item, and you are responsible for paying such charges and taxes to Foundation Group. All prices are net of any sales, use, excise, value added and similar taxes imposed by any governmental authority regardless of how denominated. You shall pay all such taxes or charges or provide us with a tax or levy exemption certificate acceptable to the applicable taxing or levying authority. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase, subject to the refund rights below.

9. Consent to be Contacted.

You consent to be contacted as necessary for updates regarding automatic renewal of Services (e.g., pricing changes, changes to functionality and/or material changes to the nature of the purchased Services).

10. Intellectual Property.

  1. Trademarks. You acknowledge and agree that all Foundation Group logos and marks, and all associated graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, copyrights, tradenames, or trade dress, and any other proprietary materials depicted in connection with our Services are owned solely and exclusively by Foundation Group, and may not be used commercially by you or any third party without Foundation Group’s express prior written consent. Foundation Group’s trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Foundation Group.
  2. Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information (“Submissions”), provided by you to us through the Services are non-confidential and shall become the sole property of Foundation Group. Foundation Group shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
  3. Services. Foundation Group exclusively owns all intellectual property, including technology, software, code, know-how, formulae, techniques and technical data, analytics, models, engineering, architecture, patents, ideas, inventions, applications, templates, and tools, included within and related to, the Services provided hereunder and except for the limited license right granted herein, no right, title or license, either express or implied, is granted in or the Services hereunder by Foundation Group. Subject to your payment of all fees due for the Services, Foundation Group grants to you a non-exclusive, limited, non-transferable, non-assignable, revocable license during the term of this Agreement to use the Services or Output solely for your limited internal business purposes as expressly permitted herein.
  4. DMCA and Copyright Complaints. If you believe that your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of infringing material available through the Services, please notify us by emailing us at marketing@foundationgroup.com with the subject line “DMCA Takedown Request.” We will process each notice of alleged infringement that we receive and take appropriate action with respect to applicable intellectual property laws. If you believe that any material on the Services infringes upon any copyright which you own or control, you may send a written notification of such infringement to our designated agent as set forth below:
    1. To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication including the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works at that site; (iii) 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 us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) 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; and (vi) 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.

11. Limited Warranty and Disclaimers.

  1. We reserve the right to change any and all content within the Services at any time without notice; provided that, notice will be provided where changes are made to Services that automatically renew.
  2. THE SERVICES, ANY OUTPUT AND FOUNDATION GROUP CONTENT ARE PROVIDED “AS AVAILABLE” AND “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND; (II) FOUNDATION GROUP HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED AND/OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THEY MAY NOT APPLY TO YOU; AND (III) NO SERVICE LEVELS, AVAILABILITY OR ANY OTHER GUARANTEES ARE OFFERED WITH RESPECT TO THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES MAY BE SUBJECT TO PROLONGED DOWNTIME WITHOUT ANY NOTICE TO YOU AND THAT FOUNDATION GROUP DOES NOT MAKE ANY WARRANTIES OR GUARANTEES REGARDING ITS ABILITY TO RESTORE THE SERVICES. WARRANTIES IMPLIED BY LAW THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE MINIMUM LENGTH REQUIRED BY LAW. THESE DISCLAIMERS APPLY TO ALL SERVICES OFFERED BY FOUNDATION GROUP, INCLUDING WITHOUT LIMITATION, THE GROUPSYNC™ SERVICES.
  3. THE SERVICES, FOUNDATION GROUP CONTENT AND ANY OUTPUT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
  4. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any user data, financial damages, lost profits, or loss of business, resulting from your or anyone’s use of the Services.

12. Limitation of Certain Damage Types.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED OR PROHIBITED, IN NO EVENT WILL FOUNDATION GROUP OR ANY OF ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICES, EVEN IF ANY OF US IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Limitation of Liability Amount.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID BY YOU TO US FOR THE SERVICES AT ISSUE IN THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR $500. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR A SERVICE, YOU SHALL BE LIMITED TO, AT MOST, INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, AND SHALL NOT BE ENTITLED TO ANY OTHER DAMAGES, REGARDLESS OF THE CAUSE OF ACTION.

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (I) DEATH OR PERSONAL INJURY RESULTING FROM OUR WILLFUL MISCONDUCT; (II) FRAUD OR FRAUDULENT MISREPRESENTATIONS; OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.

14. Disputes, Governing Law, Venue, and Jurisdiction.

By using the Services, you agree that these Terms of Use shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions. For any cause of action initiated against Foundation Group relating to these Terms of Use, you and Foundation Group agree to submit to the exclusive and personal jurisdiction of the applicable state and federal courts located in the State of Delaware.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, then we nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. The language of these Terms of Use shall be construed as to its fair meaning and not strictly for or against any party.

15. Arbitration Agreement & Dispute Resolution.

  1. Please read this Arbitration Agreement carefully. It is part of your contract with Foundation Group and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
  2. Scope of Arbitration Agreement (“Arbitration Agreement”). You acknowledge and agree that any dispute or claim relating in any way to your access or use of the Services or to any other aspect of your relationship with Foundation Group will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Foundation Group may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose before this or any prior agreement. NOW OR IN THE FUTURE, THERE MAY BE LAWSUITS AGAINST Foundation Group ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS. SUCH CLAIMS, IF SUCCESSFUL, COULD RESULT IN SOME MONETARY RECOVERY TO YOU. THE EXISTENCE OF SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED. BUT IF YOU AGREE TO ARBITRATION WITH Foundation Group, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVERY MONETARY OR OTHER RELIEF UNDER SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST Foundation Group IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
  3. Arbitration Rules and Forum. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the State of Delaware before three arbitrators. The arbitration shall be governed by the laws of the State of Delaware. The arbitration shall be administered by American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If AAA is not available to arbitrate, the parties will select an alternative arbitral forum.
  4. Arbitrator Powers. The arbitrators, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Foundation Group. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Use. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding on you and Foundation Group.
  5. Waiver of Jury Trial. YOU AND Foundation Group EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Foundation Group are instead electing to have claims and disputes resolved by arbitration. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms of Use as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is limited. In any litigation between you and Foundation Group over whether to vacate or enforce an arbitration award, you and Foundation Group waive all rights to a jury trial, and elect instead to have a judge resolve the dispute.
  6. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Foundation Group is entitled to arbitration. Instead, all claims and disputes will then be resolved in a court as set forth in this Section 15.
  7. Opt–Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor Foundation Group can force the other to arbitrate. To opt out, you must notify Foundation Group in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Foundation Group username (if any), the email address you used to set up your Foundation Group account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: marketing@foundationgroup.com. If you opt out of this Arbitration Agreement, all other parts of these Terms of Use will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.
  8. Exclusive Venue. To the extent the parties are permitted under these Terms of Use to initiate litigation in a court, both you and Foundation Group agree that all claims and disputes arising out of or relating to these Terms of Use will be litigated exclusively in the applicable state or federal courts located in the State of Delaware.

16. Force Majeure.

Foundation Group shall be excused from performing hereunder to the extent prevented by any cause beyond Foundation Group’s reasonable control and shall not be liable or responsible for any delays or errors resulting therefrom.

17. Indemnity.

To the maximum extent permitted by law, you agree to indemnify and hold us, our subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs (including attorneys’ fees), and expenses, arising out of or in connection with your use of the Services or any violation of these Terms of Use.

18. Survival.

The following Sections survive the termination of these Terms of Use: 5 through 19.

19. Notices.

Notices to Foundation Group should be sent to marketing@foundationgroup.com.

PLEASE KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.

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