Terms of Use & Privacy Policy | Foundation Partners

Terms of Use & Privacy Policy


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TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. THEY INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.

I. General Terms of Use
These Terms of Use govern your access to and use of all websites and mobile applications (collectively, the “Sites”) that link to or reference these Terms. By accessing or using a Site, you are agreeing to these Terms of Use and entering into a legally binding contract with Foundation Partners Group (“FPG”) or an FPG subsidiary or affiliated entity (collectively, “Company”). The Company offers the Sites, including all information, tools and services available from the Sites, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated here. Throughout the Sites, the terms “we,” “us” and “our” refer to the Company.

Accuracy, Completeness and Timeliness of Information on the Sites: The Company is not responsible if information made available on the Sites is not accurate, complete, or current. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Sites is at your own risk. The Sites may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the Sites at any time, but we have no obligation to update any information on the Sites. You agree that it is your responsibility to monitor changes to the Sites.

Use of Materials on the Sites: All content on the Sites (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by the Company, its licensors, or its content providers and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained on the Sites for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download, or print. Any other use of content on the Sites, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Sites, or use of the Sites for purposes competitive to the Company, is expressly prohibited without the prior written consent of the Company. You agree to abide by all additional restrictions displayed on the Sites as may be updated from time to time. The Company reserves the right to refuse or cancel any person’s registration for the Sites, remove any person from the Sites, or prohibit any person from using the Sites for any reason whatsoever. The Company, or its licensors or content providers, retain full and complete title to the material provided on the Sites, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in the Company’s sole discretion. The Company neither warrants nor represents that your use of materials on the Sites will not infringe rights of third parties not affiliated with the Company.

User Content: “Content” means text, images, photos, audio, video, location data, and all other forms of data provided by the users of the Sites and any data extracted or compiled therefrom. The Sites are passive conduits of Content, and you agree that you are solely responsible for obtaining any third-party licenses or other permissions related to your Content. As a provider of an interactive services, the Company is not liable for any statements, representations or Content provided by users using the Sites. Although the Company has no obligation to screen, edit, or monitor any of the Content posted, the Company reserves the right, in its sole and absolute discretion, to remove, screen, or edit any Content posted or shared on the Sites at any time and for any reason without notice.

Prohibited Conduct: You may not use the Sites to take any action that could harm the Company or any third party, interfere with the operation of the Sites, or use the Sites to violate any law. By way of example but not limitation, you may not: (a) act in a manner that negatively affects other users’ ability to engage in real time exchanges; (b) alter, edit, or delete the materials on a Site, including the deletion of any trademark or copyright notices on the Site; (c) interfere with or disrupt a Site, the Company’s servers, or networks (e.g., “Flooding” or the sending of mass unsolicited messages) or otherwise harm the Sites or other users; (d) intentionally or unintentionally violate any applicable local, state, national, or international law or any regulations having the force of law; (e) impersonate any person or entity or misrepresent your connection to any person or entity; (f) “stalk,” harass or otherwise advocate the stalking or harassing of another person; (f) collect or store personally identifiable information about other users in connection with the prohibited conduct and activities set forth herein; (h) reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of a Site; (i) attempt to override or circumvent any security measures of a Site or the Company’s third-party providers or access parts of a Site you are not authorized to visit; (j) engage in any unauthorized screen scraping, database scraping, or spidering, or collection of personally identifiable information, or use any other automated means to collect information from a Site; (k) use any software, tool or other device (such as browsers, spiders, or avatars) to search a Site, other than the search functionality offered through the Sites or other generally available web browsers; (l) link directly to any image hosted on a Site in a manner that would cause the image on a Site to be hosted on another web site; (m) link to a Site in such a manner that a Site or any portion thereof is “framed” on another web site; (n) attempt to reserve-engineer or decrypt any software on a Site; (o) use contact information on a Site for marketing purposes; (p) use Company proprietary marks on the Sites as meta tags or other “hidden text” techniques or technologies; (p) facilitate or encourage the violation of any of the policies set forth in these Terms.

Prohibited Content: You acknowledge that you are responsible for any material you may submit via the Sites (including any components of the Sites administered by third parties, such as tools that allow you to interact with the Sites through Facebook and/or other social media platforms), including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute, or otherwise publish through the Sites (a) any Content that is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (c) any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (d) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (e) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (f) any Content that advertises commercial activities and/or sales or solicits funds or goods or services without the Company’s prior written consent (including the insertion of advertising into Site content). You may not post personally identifiable information (information that can be used to identify an individual) of any third party or solicit others to post third-party personally identifiable information. You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any Content.

License: If you do submit material, and unless we indicate otherwise, you grant the Company an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully transferable, assignable and sublicensable right to use, reproduce, modify, adapt, store, host, index, cache, tag, reformat, publish, translate, encode, create derivative works from, distribute, perform, and display such material throughout the world in any media or technology now known or hereafter developed, including for marketing, advertising, and other commercial purposes. You waive any right you may have to object to the alteration of the Content in a manner not agreeable to you. You further agree that the Company is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to the Company. You grant the Company the right to use the name you submit in connection with such material, if it so chooses.

Registration for the Sites: Some features that may be available on the Sites require registration. By registering at and in consideration of your use of the Sites, you agree to provide true, accurate, current, and complete information about yourself.

Some features on the Sites require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify the Company immediately. The Company may assume that any communications the Company receives under your password have been made by you unless the Company receives notice otherwise.

Links: The Sites may contain links to other websites, some of which are operated by the Company and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. The Company is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
Trademarks and Copyrights: Trademarks, logos, and service marks displayed on the Sites are registered and unregistered trademarks of the Company, its licensors or content providers, or other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on the Sites will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Sites without the owner’s prior written permission, except as otherwise described herein. The Company reserves all rights not expressly granted in and to the Sites and their content. The Sites and all of their content, including but not limited to text, design, graphics, interfaces, and code, and the selection and arrangement thereof, are protected as a compilation under the copyright laws of the United States and other countries.

Infringement Notice: You hereby are informed that the Company has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of users of the Sites who are copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:
Foundation Partners Group
Attn: Legal Department
4901 Vineland Road, Suite 300
Orlando, FL 32811
Email: [email protected]

To be effective, your notification must (a) be in writing, (b) be provided to our copyright agent, and (c) include substantially the following: (1) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site; (2) 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 the Company to locate the material; (3) information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (4) 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, its agent, or the law; and (5) 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.

The Company is under no obligation to post, forward, transmit, distribute, or otherwise provide any material available on the Sites, including material you provide to us, and we have an absolute right to remove any material from the Sites in our sole discretion at any time.

DISCLAIMERS: YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITES OR ANY FEATURE OR PART THEREOF AT ANY TIME WITHOUT NOTICE. TERMINATION OF YOUR ACCESS OR USE WILL NOT WAIVE OR AFFECT ANY OTHER RIGHT OR RELIEF TO WHICH THE COMPANY MAY BE ENTITLED AT LAW OR IN EQUITY. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SITES WILL CREATE ANY WARRANTY OF ANY KIND. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY: YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK AND THAT THE SITES ARE MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE SITES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITES, THE COMPANY’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SITES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Representations and Warranties: You represent and warrant that: (a) you own or otherwise control all the rights to the Content you post and the Content is original to you; (b) the Content is accurate; (c) use of the Content you supply does not violate any provision herein and will not cause injury to any person or entity; (d) the Content is not defamatory, does not infringe upon the rights of any other party; (e) the Company’s use of the Content as provided for herein will not violate or infringe the intellectual property rights of any third party; and (f) you have full authority to enter into and accept these Terms of Use and grant the rights and licenses herein.

Indemnification: You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, contractors, agents, insurers, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Sites, your provision of any Content to the Sites, and any violation of these Terms of Use. If you cause a technical disruption of the Sites or the systems transmitting the Sites to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Company in the defense of such matter.

Disputes: You agree that by doing business with the Company or otherwise participating in the Company’s programs, you and the Company are each waiving the right to trial by jury and the ability to participate in a class action.

Any and all disputes the Company or you has relating in any way to any program or your relationship with the Company (including, without limitation, your transactions with the Company, the Company’s advertisements and disclosures, email and mobile SMS (text) messages the Company sends to you, or the use or disclosure of any information about you), privacy policies, or terms of use will be submitted to confidential arbitration in the federal judicial district in which you reside, except to the extent that you have, in any way, violated or threatened to violate any Company intellectual property right. Disputes include claims based on contract, tort (including intentional tort), fraud, agency, your or the Company’s negligence, statutory or regulatory provisions, or claims from any other source of law.

To invoke arbitration, you must first send to the Company, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Company must be mailed to 4901 Vineland Road, Suite 300, Orlando, FL 32811 Attn: Legal Department. The Notice must describe the nature and basis of the claim or disputes and the specific relief sought. If you and we cannot reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence arbitration.

All arbitrations required by these Terms of Use will be conducted before a single arbitrator under the JAMS Streamlined Arbitration Rules & Procedures of JAMS. If there is a conflict between the JAMS rules and these Terms of Use, the Terms of Use will govern. The arbitration will be held in the town or city in which you live, if possible, and, if not, in the JAMS location closest to your home, unless you and the Company agree to another location or to conduct the arbitration by telephone. The arbitrator’s award will be binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, any claim is to be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Unless the Company and you agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, private attorney general, or class proceeding.

For arbitration claims you assert against the Company in accordance with this section (but not for any arbitration claim against you), the Company will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, the Company will pay its, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it will apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.

To the extent permitted by law, you will not agree to act as a representative or a private attorney general, or in any other representative capacity, or participate as a member of a class of claimants in any lawsuit against the Company in any court, or in arbitration, with respect to any claim. This section will survive the termination of the relationship between you and the Company.

The Company or you may seek injunctive relief only in any state or federal court in Orange County, Florida, and the Company and you consent to the exclusive jurisdiction and venue in the state and federal courts in Orange County, Florida for injunctive relief purposes. The arbitrator will have no authority to issue injunctive relief.
Any claim brought under or concerning these Terms of Use must be brought within two years after the date the claim arises, or the claim will be barred.
Applicable Law: The laws of the State of Florida govern these Terms of Use and your use of the Sites. We recognize that it is possible for you to obtain access to the Sites from any jurisdiction in the world, but we have no practical ability to prevent such access. The Sites have been designed to comply with the laws of the State of Florida and of the United States. If any material on the Sites, or your use of the Sites, is contrary to the laws of the place where you are when you access the Sites, the Sites are not intended for you, and we ask you not to use the Sites. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Consumer Protection Notice: If you are deemed to be a “consumer” as that term is used in N.J. Stat. § 56:12-15, the section labeled “Disputes” does not limit or waive your rights under New Jersey law, and the provisions in these Terms of Use are not intended to limit the rights of New Jersey residents under New Jersey law.
Changes to These Terms of Use: The Company reserves the right in its sole discretion to change, modify, add, or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the relevant Sites. It is your responsibility to check periodically for any changes we make to the Terms of Use. Revised terms will take effect five days after their publication on the relevant Sites and will apply only on a going-forward basis. Your continued use of a Site after that point signifies that you accept the changes.

Entire Agreement and Admissibility: These Terms of Use and any policies or operating rules posted on the Sites constitute the entire agreement and understanding between you and the Company with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use will be admissible in judicial or administrative proceedings based on or relating to use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Company offers a wide range of goods and services, and sometimes additional terms may apply. When you purchase a product or service from the Company, you also will be subject to the guidelines, terms, and agreements applicable to that product or service (“Service Terms”). If these Terms of Use are inconsistent with the Service Terms, those Service Terms will control.

Severability: If any provision of these Terms of Use is held unlawful, void, or unenforceable by a court or body of competent jurisdiction, the remaining provisions of these Terms of Use will remain in place.

General: These Terms of Use and the Privacy Policy comprise the entire agreement between you and the Company and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. All notices, requests or other communications must be in writing and sent via email or US pre-paid post to the authorized representative of the other party. No joint venture, partnership, employment, agency or exclusive relationship will exist between you and the Company. Any failure to enforce any provision of these Terms of Use will not constitute a waiver of such rights. All indemnities, licenses, disclaimers, limitations, and restrictions of warranty will survive termination of these Terms, as well as the provisions of this “General” section.

II. Company Mobile Terms and Conditions
Consent to Electronic Disclosure: By replying as directed to the email or text message linking to this page (“Invitation”), you consent to receive the disclosure in the Invitation electronically. This consent pertains only to the disclosure in the Invitation. You may withdraw your consent by replying “STOP” to any email or text we send you, but you understand that doing so means we will not be able to send you emails or texts after we receive your reply and that your withdrawal does not have retroactive effect. To update your contact information or obtain a free paper copy of the disclosure in the Invitation, send an email to [email protected] You will need a mobile telephone with sufficient text message capabilities and unused storage space to view and retain a copy of the disclosure in the Invitation.
SMS Alerts: By replying as directed to an Invitation, or by otherwise providing express or written consent to receive informational or marketing text messages, you agree to be bound by these Terms of Use. You consent to receive text (SMS) messages for informational and/or marketing purposes at the telephone number to which the Invitation was sent or the telephone number specified in any other consent you have provided. You agree that these text messages may be sent by the Company, its subsidiaries, affiliates, agents, successors, and assigns (collectively, “we,” “our" and “us”). If you did not consent to receive text messages for informational or marketing purposes from us, please contact us using the contact information below. You are not required to reply as directed to an Invitation or sign another written consent for marketing texts (directly or indirectly) or agree to such a consent as a condition of purchasing any property, goods, or services.

By providing the Company with your mobile telephone number, you agree that the Company may send to your mobile telephone number autodialed text messages. Recurring messaging and frequency may vary. Message and data rates may apply. Consent is not a condition of any purchase. For help, text “HELP” to any text message you receive or call 888-788-7526 for customer support. To quit, text “STOP” to any text message you receive. If you reply “STOP,” the Company may send you an additional message confirming your “STOP” request. Text messages may not be available on all mobile carriers. You also may revoke your consent to receive text messages from us by emailing us using the contact information below. Please include the mobile telephone number to which you want us to stop sending texts in your email.

If at any time you need our contact information or information on how to stop text messages, reply to any text message we have sent you and in the reply text simply type “HELP.” Upon receiving your text message, we will send you a text message with this information.

You understand that the text messages we send may be seen by anyone with access to your mobile telephone. Accordingly, you should take steps to safeguard your telephone and your text messages if you want them to remain private. Click here to view our Privacy Policy.

You represent that that you are either the subscriber or customary user of the mobile telephone associated with the mobile telephone number to which the Invitation was sent. Please notify us immediately if you change mobile telephone numbers or plan to provide your number to another person.

If we modify these terms and conditions, we may attempt to notify you by sending you a text message with a link to the new policy unless you have revoked your consent. We may terminate our texting program at any time.

If you have any questions about these terms and conditions, would like us to mail you a paper copy of this policy or are having problems receiving or stopping our text messages, please contact us using the following information: Foundation Partners Group, 4901 Vineland Road, Suite 300, Orlando, FL 32811, Attention: Marketing Department; or call 888-788-7526; or send an email to [email protected]

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PRIVACY POLICY

This Privacy Policy (the “Privacy Policy”) governs your access to and use of all websites and mobile applications (collectively, the “Sites”) that link to or reference this Privacy Policy. By accessing or using any of the Sites, you are agreeing to this Privacy Policy and entering into a legally binding contract with Foundation Partners Group (“FPG”) or an FPG subsidiary or affiliated entity (collectively, “Company”) under which you consent to the processing of information according to this Privacy Policy. If you are unwilling or unable to be bound by the Privacy Policy, do not access or use the Site. For information on how Company administers the Site, please see the Company Terms of Use.

Information We Collect

Through the Site, you can engage in various activities. In doing so, you will provide certain information to us. For example, when you register with the Company, we will collect your name, email address, and other information you provide to us. Your credit/debit card information will be processed by a third-party processor, and we will not collect your credit/debit card information directly. When you provide such information, you will be doing so directly to our third-party payment processor. When you register for a newsletter or alert available through the Site, we will collect your name and email address. We may also offer sweepstakes and contests through the Site, and, if so, we will collect the information you provide us in connection with the promotion. If you provide information regarding other people to us, you represent that you have permission from those people to do so. We also integrate with a third-party service that allows content sharing via Facebook, Twitter, and other social media. When you share content via that service, you are sharing information with the service, not with the Site.

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). In particular, we have collected the following categories of Personal Information from consumers within the last 12 months or may collect such information in the future: A. Identifiers: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. C. Protected classification characteristics under California or federal law: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). D. Commercial information: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. E. Biometric information: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. F. Internet or other similar network activity: Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. G. Geolocation data: Physical location or movements. H. Sensory data: Audio, electronic, visual, thermal, olfactory, or similar information. I. Professional or employment-related information: Current or past job history or performance evaluations. J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)): Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. K. Inferences drawn from other personal information: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

We obtain the categories of Personal Information listed above from the following categories of sources:

  • Directly from you or your agent. For example, from documents that you provide to us related to the services for which you engage us.
  • Indirectly from you or your agent. For example, through information we collect from you in the course of providing services to you.
  • Directly and indirectly from activity on the Site. For example, from submissions through our website portal or website usage details collected automatically.
  • From third parties that interact with us in connection with the services we perform. For example, from government agencies in connection with services we provide to them.

We also may collect the following information: your session history; your usage patterns (traffic data, location, data, server logs, and other communication data); information about your online activities on the Site and third-party sites, including the sites you visited before and after visiting the Site; information about your computer such as device type, screen size, browser type, operating system, memory, language and other settings, plug-ins, TCP configuration, carrier code, and information regarding software on your device; your internet connection information, such as IP address, which can be used to identify your geographic area; your interactions with email messages we send you (such as whether you opened an email and, if so, when, whether you forwarded the email, and the device you used to open the email); search terms you use on the Site and any site that referred you to the Site; and unique identifiers, such as mobile device identification numbers. We may collect this information through the cookies and other tracking technologies described below.

Cookies and Other Tracking Technologies

When you use the Site, we may use a variety of technologies to collect certain information. Although this information does not specifically identify you, it can be used to assign a unique number to you. It can then be used to connect your use of the Site to other information about you, including your Personal Information.

We and our service providers may use “cookies” to customize your experience on the Site. “Cookies” are small computer files that are transferred to your computer’s hard drive and contain information such as your preferences and the pages you have visited and the activities you have performed while using the Site. You may block cookies in your browser and/or delete cookies from your hard drive. By disabling cookies, however, you may not be able to access all of the features of the Site.

We and our service providers may use small pieces of code on the Site called “web beacons,” also known as “pixel tags” or “clear gifs.” Web beacons collect anonymous and aggregate advertising data. Web beacons recognize certain types of information such as a user’s cookie number, date and time of page view, and description of the page where the web beacon is placed. You may block web beacons by blocking cookies in your browser and/or deleting cookies from your hard drive.

We and our service providers may use local shared objects, which are also called “flash cookies,” and local storage objects such as HTML5. These technologies are stored on your device and can be used to store certain information about your activities and preferences. You may not be able to control flash cookies using standard browser tools and settings. For information about how to delete Flash cookies, please visit the Adobe website here.

We and our service providers may use device fingerprinting, which is a way of identifying a device based on its unique configuration.

How We Use the Information

We may use information that we collect about you or that you provide to us, including any Personal Information in the following ways:

  • To provide the services you request such as email alerts and newsletters;
  • To provide you with information and services you request from us;
  • To contact you;
  • To deliver targeted advertising and to understand how you interact with and use the advertisements and content on the Site;
  • To administer sweepstakes and contests if we ever run such promotions;
  • To allow you to use interactive features on the Site, to the extent such features are available;
  • To contact you about our own and other parties’ goods and services in which you may be interested;
  • To better understand those who use the Site;
  • To manage and improve the Site, including performing analytics on the Site;
  • To notify you about changes to the Site and about your registration;
  • To enforce the legal terms that govern your use of the Site;
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information the Company holds is among the assets transferred; and
  • In other ways we describe when you provide the information.

Sharing of Information

We may share, sell, or rent your information in aggregate or on an individual basis to Company affiliates and other parties with which the Company has a business relationship. We may sell, divest, transfer, assign, or otherwise engage in a transaction that involves some or all of our assets in the course of a corporate divestiture, merger, acquisition, joint venture, bankruptcy, dissolution, reorganization, or any similar transaction or proceeding. Your information may be transferred in the context of such a transaction.

In the preceding 12 months, we have disclosed the following categories of Personal Information for a business purpose: Internet Protocol Addresses.

In the preceding 12 months, we have sold the following categories of Personal Information:  Internet Protocol Addresses.

We may share your information with service providers providing services to the Company, such as email and text message distribution, data processing, mobile and website analytics, website hosting, advertising services, and list management. We may also share aggregated information collected through surveys with advertisers.

We may disclose your information if we are required to do so by law, for example in response to a court order or subpoena, or in response to a legal agency’s request. We may also disclose your information to protect against misuse or unauthorized use of the Site or to protect the personal safety of our users or the public.

Third Party Data Collection

We may allow third-party companies to collect certain information when you visit our Site. These companies may use cookies, flash cookies, web beacons, device fingerprinting, or other technologies to collect and use non-personally identifiable information (e.g., hashed data, click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this Site and other web sites in order to provide advertisements about goods and services likely to be of greater interest to you and to follow activities related to their advertisements placed on the Site. We have no control over, do not review, and are not responsible for such third-party websites. This Privacy Policy does not apply to third-party websites. We recommend that you learn about the privacy policy and security practices of such third-party websites before providing them with any Personal Information.

Some of our advertisers, ad servers, and third-party providers also use cookies to provide us with anonymous data and information regarding your use of the Site. We do not have access or control over such parties’ cookies. Our Privacy Policy does not cover the use of cookies by third parties.

Data Security

We have implemented security procedures to help protect the Personal Information on the Site. However, no method of transmitting or storing electronic data is ever completely secure, and we cannot guarantee that such information will never be accessed, used, or released in a manner that is inconsistent with this Privacy Policy. We recommend that you use complex passwords for any accounts you have with us, and, if you believe your interaction with us is no longer secure, please notify us by email at [email protected]

International Transfers

The Site is headquartered in the United States. Information you provide to us or that we obtain through your use of the Site may be collected in your country and then transferred to the United States or to another country in accordance with applicable law. You consent to the collection, international transfer, storage, and processing of your information when you use the Site.

Your Opt-Out Choices

If you want to opt out from a Company email newsletter or commercial email list, use the unsubscribe link at the bottom of each message or send us an email at [email protected] with the email address at which you no longer wish to receive newsletters or commercial emails. If you requested third-party email through our Site and no longer wish to receive the email, simply follow the advertiser’s unsubscribe link or opt-out instructions that should be included in the commercial message you received. If you want to disable web beacons in our email messages, turn images “off” in your email system (e.g., Outlook or Outlook Express). Check the settings or options menu in your email system for more information.

To remove your name and postal address from lists that we sell or rent to third parties for the purpose of marketing goods and services, please send your request to us in a letter addressed as follows:

Foundation Partners Group, Postal Opt-Out

Attn: Legal Department

4901 Vineland Road, Suite 300

Orlando, FL  32811

Or by email to: [email protected]

The Company, our authorized service providers, and/or other third parties involved in the delivery of advertising you receive through our mobile applications may collect information about your mobile device, including unique anonymous advertising identifiers and the names and IDs of apps you have installed, as well as information about how you use our mobile applications and other unaffiliated applications. This information is used in connection with interest-based advertising you receive through our Site and within third-party apps and other marketing channels. Depending on your device and operating system, you may be able to reset your mobile device’s advertising identifier to limit this data collection or prevent the collection of usage data across unaffiliated applications for interest-based advertising purposes by accessing the privacy settings on your mobile device. Each operating system, iOS for Apple devices and Android for Android devices, provides its own instructions on how to turn off tailored in-app advertising. Access the privacy settings for your mobile device or contact your platform operator for more information. To exercise choice over the companies participating in the DAA’s separate choice tool for the collection of cross-app data on a mobile device, download the DAA’s AppChoices app available here.

If you agreed to allow the Company and/or our service providers to collect and/or share information about the precise location of your device by tracking a mobile application, you can withdraw your permission by accessing and changing your device’s location privacy settings. This will prevent further collection of your precise device location information. Each operating system, iOS for Apple devices and Android for Android devices, provides its own instructions on how to turn off precise location sharing. Access the privacy settings for your mobile device or contact your platform operator for more information.

Children Under 13

The Site is not intended for children under 13 years of age, and the Company does not knowingly collect information from children under 13. If you are under the age of 13, do not: use, or provide any information on, the Site; make any purchases through the Site; use any of the interactive or public comment features of the Site; or otherwise provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any personal information from or about a child under 13, please contact us [email protected]

Your California Privacy Rights

Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us, once a calendar year, information about the customer information we shared, if any, with other businesses for their direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2020 will receive information regarding 2019 sharing activities). To obtain this information, please send an email message [email protected] with “Request for California Privacy Information” in the subject line. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response.

California residents who are registered users of the Site and are under the age of 18 are entitled, in accordance with California law, to request and obtain removal of content and information that they themselves post on the Site. You may request such removal by emailing us at [email protected] In your request, please provide a description of the material that you want removed and information reasonably sufficient to permit us to locate the material and the subject line “California Removal Request” so that we can process your request.

Company does not currently recognize or respond to browser do-not-track signals. Instead, we adhere to the standards set out in this Privacy Policy and offer the opt-out choices described above.

Data Access and Portability

If you are a California resident, you have the right to request that we disclose certain information about our collection and use of your Personal Information during the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of Personal Information we collected about you;
  • The specific items of Personal Information we collected about you;
  • The categories of sources of Personal Information we collected about you;
  • Our business purpose for collecting or selling that Personal Information;
  • The categories of third parties with which we share Personal Information; and
  • If we sold or disclosed your Personal Information for a business purpose, we will provide a list of the sales with the categories of Personal Information that the recipients purchased and, for disclosures, we will provide a list of the sales with the categories of Personal Information that the recipients received.

Deletion Request Rights

If you are a California resident, you have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  • Debug products to identify and repair errors that impair existing intended functionality;
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
  • Comply with a legal obligation; or
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

If you are a California resident and you wish to exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by calling us at 888-788-7526 or by emailing [email protected] Only you, or a person registered with the California Secretary of State whom you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You also may make a verifiable consumer request on behalf of your minor child.

You may make a verifiable consumer request for access or data portability only twice within a 12-month period. A verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. We will use Personal Information provided in a verifiable consumer request only to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will cover only the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services;
  • Provide you a different level or quality of goods or services;
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; or
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to our Privacy Policy

We may amend this Privacy Policy at any time in our sole discretion. We encourage you to review this Privacy Policy whenever you visit the Site to see if it has been updated since your last visit.

Questions about our Privacy Policy

If you have questions about our Privacy Policy or regarding exercising your rights under California law or other applicable laws, please do not hesitate to contact us at 888-788-7526, or by email at [email protected], or by mail at Foundation Partners Group, Attn: Legal Department, 4901 Vineland Road, Suite 300, Orlando, FL 32811.

 
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