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Foundations to Follow Inc.

Terms & Conditions of Use

These Terms & Conditions of Use constitute an Agreement between you, the User, and Foundations to Follow Inc. (“Foundations to Follow”). The effective date of this Agreement is the date you accept or are deemed to accept this Agreement by signing in to your account for the first time through the builder’s subdomain provided by Foundations to Follow.

Your access to Foundations to Follow's Platform is subject to the following Terms & Conditions of Use. Carefully read all of the following Agreement before proceeding. If you access the services by checking the box that you agree to this Agreement, you indicate your acceptance of these Terms & Conditions of Use and that you intend to be legally bound by them. If you do not agree with the provisions contained in this Agreement, please do not check the box indicating your acceptance of the Agreement and do not sign up for an account.

  1. Definitions

    “Agreement” shall mean these Terms & Conditions of Use.

    “Foundations to Follow” shall refer to “Foundations to Follow Inc.”, a business corporation incorporated under the laws of Ontario and operating in the Province of Ontario.

    “Platform” shall refer to the Foundations to Follow online platform, which includes the builder’s subdomain, and all content therein.

    “User” shall mean an individual or company who has registered for primary services by signing in to their account on the builder’s subdomain, which is provided by Foundations to Follow.

    “Us” shall refer to the User and Foundations to Follow collectively.

    “We” shall refer to the User and Foundations to Follow collectively.

    “Primary Services” shall mean full access to Foundations to Follow’s home construction progress tracking platform.

    “Content” shall mean information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names on the Foundations to Follow’s website or on the builder’s subdomain.

    “Beneficiaries” shall mean employees, directors or its agents.

    “Personal Information” shall mean personally identifiable information such as your name, residential or business address and e-mail address and includes information about your product and service subscriptions and usage, credit information and billing records, service and recorded complaints.

  2. Consent and Agreement

    The User hereby consents to the exchange of information and documents between Us electronically over the Internet, by email or by telephone.

    The User hereby consents to provide Foundations to Follow with accurate and updated information regarding your name, phone number, email and home address (“Personal Information”). The User also hereby consents to Foundations to Follow receiving Personal Information imported by the builder from the builder’s database or other data storage system. Such Personal Information will be subject to a Privacy Policy.

  3. Description of Foundations to Follow’s Services

    Foundations to Follow offers technology that provides homeowners access to unique updates and important information regarding their construction project(s). Documents can be stored on Foundations to Follow’s software so new homeowners have direct access to this information. Homeowners can see their floor plans, communication from builder, local amenities (if applicable), a Google Map feature of the area, and warranty information. Users have full access to these services.

  4. Ownership and Copyright

    The User acknowledges that any and all Content, including the manner in which the Content is presented or appears and all information relating to the Content, is the property of their respective owners as indicated, Foundations to Follow, or its licensors, as the case may be.

  5. Permitted Use

    Foundations to Follow hereby grants the User a personal and/or corporate, non-transferable and nonexclusive license to access and use the Platform, subject to the terms of this Agreement.

  6. Member Accounts and Profiles

    The User must register for an account in order to use the Platform. If the User creates an account, they hereby make the following warranties to Foundations to Follow concerning their account and profile:

    1. The User represents and warrants that they will create an account solely for their use, whether personal or corporate, and will not create an account for anyone other than themselves without Foundations to Follow’s express permission;
    2. If Foundations to Follow disables or otherwise makes the User’s account unavailable, the User will not create another account without Foundations to Follow’s express permission;
    3. Foundations to Follow will not transfer or assign the User’s account to anyone else under any circumstances;
    4. The User represents and warrants that they will not create more than one account; and
    5. The User represents and warrants that they will not hold Foundations to Follow responsible for any inaccuracy of the Content.

    If the User breaches any of the preceding warranties, Foundations to Follow reserves the right to terminate this Agreement and delete the User’s account and profile immediately, without notice and without refund.

  7. Acceptable Use

    Under this Agreement, any failure to act in good faith as well as the violation of any of the terms contained in Section 8 (Restrictions on Use) therein shall constitute misuse of the Platform. THE USER CONSENTS THAT ANY MISUSE OF THE PLATFORM GIVES FOUNDATIONS TO FOLLOW THE RIGHT TO IMMEDIATELY AND PERMANENTLY TERMINATE THE USER’S USE OF THE PLATFORM WITHOUT NOTICE TO YOU AND WITHOUT REFUND.

  8. Restrictions on Use
    1. The User agrees that they will not use the Platform to commit or facilitate the commission of any illegal conduct;
    2. The User agrees that they will not use the Platform to impersonate another person, entity or fictional person or entity;
    3. The User agrees that they will not use the Platform in any way that may result in legal action being taken by or against the User or Foundations to Follow;
    4. The User agrees that they will not use the Platform to distribute any viruses, spyware, advertising, spam or in any other way use our Platform to cause harm, whether that other is a Platform User or not; and
    5. The User agrees that they will not create derivative works of, adapt, modify, copy, bundle, sell, loan, assign, share, host, publish, make available to any person, or otherwise use, either directly or indirectly, the Content, in whole or in part, in any form or by any means whatsoever. The User shall not permit, allow, or do anything that would infringe or otherwise prejudice the proprietary rights of Foundations to Follow or its Users or allow any unauthorized third party to access the Content. The restrictions set out in this Agreement shall not apply only to the limited extent the restrictions are prohibited by applicable law.
  9. Personal Information

    The collection, protection, and use of the User’s Personal Information is subject to the Privacy Policy. By accepting this Agreement, the User represents and warrants that they have read and agree to the Privacy Policy.

  10. Limitations on Liability and Disclaimers
    1. There is no guarantee that Personal Information and transactions on the Platform will be maintained as confidential and secure. The use of the Platform and the Content is at the User’s own risk, and Foundations to Follow assumes no liability or responsibility pertaining to the Content, the User’s use of the Platform, or the receipt, storage, transmission, or other use of the User’s Personal Information.
    2. The Platform may contain links to other websites and/or documents. Unless expressly specified otherwise, all deals, products, wares, or services on the Platform are solely attributable to third parties, and are their sole responsibility. In providing links to other websites, Foundations to Follow is not acting as a publisher of material found on those sites, nor does it assume responsibility or in any way represent or warrant for the accuracy, quality, merchantability, suitability for purpose, or appropriateness of the information, data, opinions, advice, advertisements, deals, products, wares, services offers, invitations to treat, or any other statements contained at such websites. When the User accesses such sites, they are doing so at their own risk. Foundations to Follow does not seek to monitor or control such sites. The mention of another party or its product or service on Foundations to Follow should not be construed as an endorsement of that party or its product or service including the quality of any potential product or service that the User finds through the site.
    3. Foundations to Follow will not be responsible for any damages the User or any third party may suffer as a result of the transmission, storage, or receipt of confidential or proprietary information that the User makes, or that the User expressly or implicitly authorizes Foundations to Follow to make, or for any errors or changes made to any transmitted, stored, or received information.
    4. The User is solely responsible for the use of the Platform. The User should apply their own judgment in making use of any Content and of the Platform.
    5. Except as expressly provided in this Agreement, the Platform and all Content and Primary Services on or made available through the Platform are provided “as is” without any representations, warranties, guarantees or conditions of any kind, including, but not limited to, warranties as to uninterrupted or error-free operation, availability, accuracy, completeness, currency, reliability, timeliness, legality, suitability, privacy, security, quality, non-infringement, or those arising out of a course of dealing.
    6. In no event will Foundations to Follow or its Beneficiaries be liable for any damages or losses, direct or indirect, resulting from:
      1. any use of the Platform or the Content whatsoever;
      2. any harm that may arise from misuse of the Platform or the Content (as set out in section 6);
      3. viruses;
      4. data corruption;
      5. transmission problems;
      6. links to third-party websites;
      7. third-party content, products or services;
      8. damages or losses caused by the User;
      9. lack of availability of facilities, computer resources or data;
      10. the inability to use the Platform or the Content;
      11. events beyond the reasonable control of Foundation to Follow; or
      12. special, indirect, incidental, punitive, exemplary, aggravated, economic loss or consequential damages, however so caused, even if Foundation to Follow Beneficiaries have been advised of the possibility of such damages or claims.
    7. Foundations to Follow is not responsible for any content or information that the User finds undesirable or objectionable. Foundations to Follow does not vouch for the accuracy, credibility or legitimacy of any messages or data transmitted through or using the Platform or as part of the Content. Foundations to Follow disclaims any liability for the unauthorized use or reproduction of any portion of the Platform.
  11. Termination

    This Agreement is effective until terminated by Foundations to Follow, with or without cause, in Foundations to Follow’s sole and unfettered discretion. Foundations to Follow may terminate this Agreement without notice to the User if the User fails to comply with any of its terms. Any such termination by Foundations to Follow, for any reason whatsoever, shall be in addition to, and without prejudice to, such rights and remedies as may be available to Foundations to Follow, including, but not limited to, injunctions and other equitable remedies.

    The following sections shall survive the termination or expiry of this Agreement:

    • Section 4, “Ownership and Copyright”
    • Section 8, “Restrictions on Use”
    • Section 9, “Personal Information”
    • Section 10,“Limitations on Liability and Disclaimers”
    • Section 11, “Termination”
    • Section 12, “Indemnity”
    • Section 13, “Governing Law”
    • Section 15, “Entire Agreement”
    • Section 17, “Severability”; and
    • Section 18, “Enurement”
  12. Indemnity

    The User agrees at all times to indemnify, defend, and hold harmless Foundations to Follow, its agents, employees, suppliers, affiliates, and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities, and expenses whatsoever (including legal fees, other fees and disbursements) sustained, incurred, or paid by Foundations to Follow directly or indirectly in respect of:

    1. Any information or other content any person or entity provides on or through the Platform or the Content; or
    2. The User’s use or misuse of the Platform or the Content.
  13. Governing Law

    Foundations to Follow is physically located at 8 Juniper Drive, Stoney Creek, in the Province of Ontario, Canada. The Platform and the Content (excluding linked websites or content) have been developed in Canada. This Agreement will be governed by the laws of the Province of Ontario and the federal laws of Canada, and shall be treated in all respects as an Ontario agreement, without reference to the principles of conflicts of law. In the event of a dispute, We agree to submit to the exclusive jurisdiction of the Ontario courts.

  14. Interpretation

    The division of this Agreement into sections and the insertion of headings are for convenience of reference only, and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders, and words importing persons include individuals, corporations, trusts, and unincorporated associations.

  15. Entire Agreement

    This Agreement may be amended from time to time in accordance with the provisions of Section 16, and any and all other legal notices and policies of or from Foundations to Follow on the Platform constitute the entire agreement between the User and Foundations to Follow with respect to the use of the Platform and the Content.

  16. Amendment and Waiver

    Foundations to Follow reserves the right, in its sole discretion, to amend this Agreement at any time by posting amendments on the Platform ten (10) days before said changes are to take effect, and by notifying the User by email. The User is responsible for periodically reviewing the amendments on the Platform and is deemed to be aware of such amendments. If the User does not agree to the amended terms and conditions, the User shall immediately stop using the Platform. Access to the Platform or use of the Platform after any amendments have been posted shall constitute the User’s acknowledgement and acceptance of the amended Terms and Conditions of Use.

    No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. Silence is not a waiver.

  17. Severability

    Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity, or unenforceability, and shall otherwise be enforced to the maximum extent permitted by law in any other jurisdiction.

  18. Enurement

    This Agreement shall enure to the benefit of and be binding upon each of Us and our respective successors and permitted assigns.

  19. Contact Information

    If you have any questions, comments or concerns about this Agreement, or would like to file a complaint, please contact Foundations to Follow by email by visiting the Contact section of our website located at: http://www.foundationstofollow.com/.

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