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.
“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.
The User hereby consents to the exchange of information and documents between Us electronically over the Internet, by email or by telephone.
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.
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.
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.
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:
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.
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.
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:
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:
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.
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.
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.
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.
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.
This Agreement shall enure to the benefit of and be binding upon each of Us and our respective successors and permitted assigns.
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/.