The following terms and conditions (“Terms”) apply to your use of the websites of Fundament Software SPC, including any content, functionality, products, and services offered on or through such websites (collectively, the “Website”), whether as a guest or a registered user. Please read these Terms carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of Service, you must not use the Website. In addition to these Terms, software or services that are included in or otherwise made available to you through the Website may be subject to separate agreement between you and Fundament Software, such as end user license agreements. If these Terms are inconsistent with any such agreements, those agreements will control.
Please review our Privacy Notice found at https://fundament.software/privacy, which also governs your use of the Website, to understand our practices.
The Website, including all content, features, and functionality thereof, are owned by Fundament Software, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws. You are permitted to use the Website for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer of Fundament Software. Except as provided below, you must not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained through the Website, or delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. However, if you are otherwise in compliance with these Terms, you are permitted to use, elsewhere and on other websites, an unaltered copy of portions of the content that is publicly available on the Website for the limited, non-commercial purpose of discussing such content.
You must not reproduce, sell, or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available through the Website. For clarity, the foregoing permissions are limited to the Website, and no rights are granted with respect to any servers, computers, or databases associated with the Website.
Changes to the Terms of Service
Fundament Software has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Fundament Software of the site. Use of any such linked web site is at the user’s own risk.
The materials on the Website are provided on an “as is” and “as available” basis. Fundament Software makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. You expressly agree that your use of the Website is at your sole risk. Further, Fundament Software does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Limitation of Liability
To the full extent permissible by law, Fundament Software will not be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages arising out of or in connection with this Agreement, even if Fundament Software or a Fundament Software authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
You agree to defend, indemnify, and hold harmless Fundament Software, its affiliates, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your User Contributions or violation of these Terms.
Governing Law and Jurisdiction
Any claim relating to Fundament Software’s web site shall be governed by the laws of the State of Washington without regard to its conflict of law provisions.