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Terms and Conditions

Posted: July 6, 2013

The following Terms and Conditions apply to all visitors to Findation.com (Findation) and services provided by Findation to users or customers. These term constitute an agreement between Findation and the user and by accessing this site (www.findation.com) and using this service you agree to be bound by all Terms and Conditions.

These Terms may be modified or replaced from time to time at the discretion of Findation without notice. All changes will be posted to this page and your continued use of this site or service is an acceptance of these modifications and amendments.

Fees and Services

Findation may from time to time make changes to the site or services provided without notice. Findation shall not be liable to the user or any third party for any alteration or suspension of the site or service.

Accessibility

While Findation takes all reasonable steps to maintain continuity of site availability and service, Findation cannot guarantee that the site or service will operate or be accessible at all times. Such outages may include but are not limited to those due to Internet outages, power failures, data loses, maintenance events or force majeure.

Indemnification

You agree to indemnify and hold harmless Findation, its officers, employees, directors and agents for any losses, costs, liabilities and expenses from and against all third-party claims, including reasonable attorney’s fees arising from your use of the Findation site or service.

DISCLAIMER

THE FINDATION SITE AND SERVICE IS PROVIDED ‘AS IS’ AND FINDATION DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FINDATION MAKES NO REPRESENTATIONS AS TO THE ACCURACY OF INFORMATION PROVIDED.

FINDATION MAKES NO WARRANTY THAT THE SITE OR SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, THAT THE SITE OR SERVICE WILL BE ERROR FREE OR THAT ACCESS TO THE SERVICE WILL BE CONTINUOUS OR UNINTERRUPTED. USE OF THE FINDATION SITE AND SERVICE IS AT YOUR OWN DISCRETION AND RISK.

LIMITATION OF LIABILITY

FINDATION AND ITS EMPLOYEES, AGENTS AND PARTNERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOST REVENUE OR PROFIT, GOODWILL, DAMAGES RELATED TO RELIANCE ON THE SERVICE OR ANY OTHER INTANGIBLE LOSSES IN ANY WAY ARISING FROM THIS AGREEMENT.

IN NO EVENT SHALL TOTAL LIABILITY FOR DIRECT DAMAGES ARISING FROM THIS AGREEMENT EXCEED THE AMOUNT PAID BY THE USER TO FINDATION FOR THE PRECEDING THREE MONTHS BEFORE THE CLAIM. IN THE EVENT THAT YOUR NATIVE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY THEN SOME LIMITATIONS OF LIABILITY IN THIS AGREEMENT WILL NOT APPLY TO YOU.

Copyright

The trademarks and logos on this site are protected by international Copyright and Trademark laws. Elements of the service including HTML, visual design and search functions cannot be reproduced without our prior written permission. Copyright and proprietary notices provided as part of the service cannot be removed, omitted or hidden without our prior written consent.

Digital Millennium Copyright Act (DMCA) Notice

If you believe that content available on Findation infringes one or more of your copyrights, please notify us by providing a written notice that:

  • Identifies the content in question including the URL where it can be found
  • Identifies you as the copyright owner
  • Provides your contact information

Please send the above notices to dcma@findation.com

Termination

Findation may terminate this site and service at any time, for any reason and without notice. In order for you to terminate this agreement you may discontinue use of the service or stop visiting the site. Notwithstanding your termination of this agreement some provisions will still be in effect including indemnity, disclaimer and limitation of liability provisions.

Links to Third-Party Sites

Our Service contains links to other third-party sites and online services. If you choose to visit another site or online service by clicking on a link, you will be directed to that third party’s site or online service. The fact that we may link to a site or online service is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party sites and online services, and these third parties may place their own cookies or other files on your computer and collect data or solicit Personal Information and Non-Identifying Information from you. Other sites and online services follow different rules regarding the collection, use and/or disclosure of Personal Information and Non-Identifying Information. We encourage you to read the privacy policies or statements of the other sites or online services you visit before providing any information or using such sites or services.

Governing Law

These Terms and Conditions shall be governed by, and are subject to the laws of the Commonwealth of Australia, and where applicable the state of Victoria. By using this site you submit to the jurisdiction of the courts of Victoria and Australia and agree that any legal action will only be commenced in these forums.