Terms and Conditions of Use
General - This Website (the “Website”) is owned, maintained and operated by Foster Ideas LLC (the “Owner”, and “we,” “us,” or “our”). We want our subscribers and each visitor (“you”) to the Website to our services to have an enjoyable experience, so we have established these terms and conditions so that subscribers, visitors and the Owner will know and understand what to expect from the Website and each other. This Website provides users with access to an online collection information and materials, and certain online services and systems provided by the Owner on a subscription basis (“Services”).
The Website also contains text, pictures, documents, audio, video, photographs, graphics, logos, button items, images, works of authorship, and other content (collectively with the Services, “Content”), and may provide access to certain proprietary software used in connection with navigating and utilizing the functionality offered through this Website (“Software”).
Limited License and Site Access - The Owner hereby grants you a limited license to access and make personal use of this Website but not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of this Website or its Contents or Software; any collection and use of any property listings, descriptions, or prices; any derivative use of this Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. Notwithstanding anything herein to the contrary, we reserve the right to refuse service to anyone for any reason at any time. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of the Owner. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Owner or its affiliates without their express written consent. You may not use any meta-tags or any other “hidden text” utilizing the Owner’s name or service marks without the express written consent of their owners. Any unauthorized use terminates the permission or license granted by the Owner.
No Owner Editorial Control of Third Party Content; No Statement as to Accuracy – To the extent that any of the Content included in the Website is provided by third party content providers, Owner has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third parties on this Website are those of such third parties and not the Owner. The Owner does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Website or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with the Owner.
Services –When an organization or any other user subscribes to the Services, they agree to pay all charges associated with the Services and the subscribers account. The Owner reserves the right to change the amount of, or basis for determining, any fees or charges for Services it provides, and to institute new fees, charges or terms, except as provided in any written agreement to the contrary. In exchange for service fees, and subject to the terms of this Agreement, we grant clients, a non-transferable, non-exclusive right to access and use the Service. We reserve the right to terminate any user’s license with respect to all or part of the Website at any time for any reason. The Owner agrees that it will notify any user when, and if, we decide to terminate such user’s license.
Your right to use the Service or a specific product is conditional upon our receipt of payment. If payment is not received, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating such Subscription and all Owner obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
Disclaimer – Information on this Website is provided for informational purposes only. The Owner has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to this Website or any other Website maintained by the Owner.
YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. ALL SERVICES, CONTENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND THE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE OWNER MAKES NO WARRANTY THAT THE SERVICES, CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Copyright – Except as otherwise expressly stated, all Content and Software appearing on this Website are the copyrighted work of the Owner or third party content suppliers and are protected by United States and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content and Software is also the exclusive property of the Owner and is protected by United States and international copyright laws.
You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of the Owner or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Owner. Any unauthorized use of text or images may violate United States and international copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Neither the Owner nor its affiliates warrant or represent that your use of Content, Services, Software or any other materials displayed on this Website will not infringe rights of third parties.
Trademarks and Service Marks – Certain trademarks on the Website are the registered service marks of the Owner. The domain name for this Website, the Owner’s logos, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of the Owner. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable international and United States laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of the Owner.
Ownership of Information Submitted via this Website – Subject to the terms and conditions of our Website Privacy Statement, any information you transmit to the Owner via this Website, whether by direct entry, submission, electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of the Owner. However, this does not include any confidential financial information (such as credit card or payment information). Non-confidential information received may be used for any purpose, including but not limited to reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. The Owner shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Owner via this Website or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information, other than Practice Specific Information. For more information about how we collect and use your information, please refer to our Website Privacy Statement.
Proprietary Software – Any Software accessible through this Website is the property of the Owner or its suppliers and is protected by patent, trade secret, and copyright laws and international treaties. Any use of the Software by you other than as required to navigate and to utilize the intended functionality offered through this Website is prohibited. You agree not to copy, distribute, publicly display, alter, modify, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Software. Further, you agree not to access the Services or Content by any means other than the interface provided by the Owner through this Website for your use in accessing the Services and Content.
Any Software and Content provided on this Website is owned by or licensed to the Owner, and may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You shall not copy, transfer or export such Software or Content in violation of such applicable export laws and regulations. The Owner does not authorize the downloading or exportation of any software or technical data from this Website to any jurisdiction prohibited by such export controls laws and regulations.
Connection Requirements – You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this Website, and the Owner reserves the right to change the access configuration of this Website at any time without prior notice.
Your Account Obligations - In order to use the Website, you agree to provide true, accurate, current and complete information about yourself and to maintain and promptly update such account information. If you provide any untrue or inaccurate information, or if the Owner has reasonable grounds to suspect that such information is untrue or inaccurate, the Owner may suspend or terminate your account and refuse all current and future use by you of our Website. Account information and certain other information about you are subject to the terms of our Website Privacy Statement.
You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify the Owner of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. The Owner will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Owner or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Prohibited Use – Any conduct by you on our Website that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying our Website will not be permitted. Any use or attempted use of this Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by the Owner to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by the Owner, or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Website, you agree you will not:
a) Upload or transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to any Owner representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any material posted by any other person or entity;
k) Manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website, in accordance with the Limited License and Site Access outlined above; or
l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Service if you are not expressly authorized by such party to do so.
The Owner reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including but not limited to the suspension or termination of the user's access and/or account. The Owner may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil claim. Except as may be expressly limited by the Website Privacy Statement, the Owner reserves the right at all times to disclose any information as the Owner deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Owner's sole discretion.
Modification to Services – The Owner may, at its discretion, modify or discontinue any of the Services, Content or Software, or any portion thereof, with or without notice. Neither the Owner nor its affiliates will be liable to you or any third party for any modification or discontinuance of any of the Services, Content or Software.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT THE OWNER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITE, SERVICES, CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEB SITE, SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE OWNER OR ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEB SITE.
CERTAIN STATE JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Subscriber Data – Subscribers are solely responsible for any and all electronic data and information contained in any database, template or other similar document that is submitted by a subscriber through the Service
Electronic Communications - When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Applicable Law; Jurisdiction and Venue - We control our Website from our offices within the United States. We make no representation that the Content on our Website is appropriate, legal or available for use in other locations. Those who choose to access our Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of United States export laws and regulations. Any claim relating to our Website, the services provided through our Website or the Content shall be governed by the internal laws of the state of Georgia, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in Atlanta, Georgia.
Third Party Purchases Governed by Separate Agreement – The terms and conditions governing your purchase of any goods or services from any third party companies or financial institutions represented in this Website shall be governed by a separate agreement duly executed between you and the supplier of such goods or Services, including the Owner, as applicable.
Age and Location of User – All information and content available on this Website are solely directed to individuals 18 years of age or older residing in the United States. The Owner makes no representation that the Content, information, products, Services or Software are available for use outside of the United States. Any use of the Services, Content and Software is prohibited where they are not allowed by law.