Terms of Use | Foundation Finance Company

Last updated November 18, 2024

Please read these Terms of Use carefully and print or save a copy for future reference.

In these terms of use (“Terms of Use”), the words “you,” “your” and “user” mean each and every person who accesses or uses any Service (as defined below). The words “Foundation,” “we,” “us,” and “our,” mean Foundation Finance Company LLC and its affiliates, successors assigns, and designated service providers. Please review these Terms of Use before using or accessing any products or services offered by Foundation (each, a “Service”), which include but are not limited to Foundation’s websites and the subdomains thereof (collectively, the “Site”), and any financial products or services offered by Foundation. If you do not agree to these Terms of Use or the current version of Foundation’s Privacy Policy (the “Privacy Policy”), you must not access or use the Site or any Services.

By accessing or using any Service, including the Site, you signify that you have read, understand and agree to be bound by these Terms of Use. In addition to these Terms of Use, you may enter into other agreements with us or others that will govern your use of Services or related services. If there is any contradiction between these Terms of Use and another agreement you enter into applicable to specific aspects of a Service, the other agreement shall take precedence in relation to the specific aspects of the Service to which it applies.

Updates

We may revise and update these Terms of Use from time to time. All changes are effective immediately when we post them. Your continued use of any Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page regularly so you are aware of any changes, as they are binding on you. You understand and agree that your continued use of any Service after we have made any such changes constitutes your acceptance of the new Terms of Use.

Eligibility

All Services are intended solely for users who, if they are a natural person, are eighteen (18) years of age or older and reside in the United States. By accessing or using any Service, you represent and warrant that you satisfy each of the foregoing requirements. Any registration by, use of, or access to a Service by any natural person under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. If you violate any of these Terms of Use, or otherwise violate an agreement between you and us, we may terminate your registration, delete your profile and any content or information that you have provided, and/or prohibit you from using or accessing any Service (or any portion, aspect or feature thereof), at any time in our sole discretion without notice.

Access to Services and Account Security

We reserve the right to withdraw or amend any Service, including the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of any Service is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of a Service or the entire Service. You are responsible for making all arrangements necessary for you to have access to a Service, and for ensuring that all persons who access a Service through your internet connection are aware of and comply with these Terms of Use and the Privacy Policy.

To access a Service, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide in connection with the Service is correct, current, and complete. You agree that all information you provide to register with any Service or otherwise, including, but not limited to, through the use of any interactive features related to such Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you create or are provided with an account, username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any account, username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion without notice.

Communication; Consent to Contact by Electronic and Other Means

By providing us with any contact information, you acknowledge and agree that we may contact you for any lawful reason, including, but not limited to, for the collection of amounts owed to us, to the greatest extent not prohibited by applicable law. No such contact will be deemed unsolicited. We may contact you at such addresses, email addresses and any and all telephone numbers (including wireless cellular telephone, business telephone, ported landline telephone number, VoIP or other services) that you provide to us from time to time. For informational, servicing, or collection-related communications, we may use any means of communication, including but not limited to postal mail, electronic mail, telephone, text messaging, artificial or prerecorded voice calls, calls made by an automatic telephone dialing system, or other technology to reach you.

By providing us with a wireless cellular telephone number or otherwise opting in, you expressly agree that Foundation may send you account-related text messages, like payment reminders and other notifications, in connection with any Service that we provide to you.. You agree that you have ownership rights or are otherwise authorized to use any such wireless cellular telephone number. If your device does not support MMS, any MMS messages may be delivered to you as SMS messages. Message frequency may vary. Standard message and data rates may apply. To opt out of receiving SMS messages, text STOP to any text message we send to you. To request support, you may contact us at (855) 241-0024 or [email protected].

Intellectual Property Rights

All content, features, and functionality within all Services (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (“Service Content”) are owned by Foundation, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use each Service for your personal, non-commercial use only. You are strictly prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any Service Content, except as follows:

Your computer may temporarily store copies of information incidental to your accessing and viewing such information.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print one copy of the content of a Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any materials from any Service.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.

Delete or alter any copyright, trademark, or other proprietary rights notices from any content of a Service.

You must not access or use for any commercial purposes any part of any Service. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of any Service in breach of the Terms of Use, your right to use the Service will be revoked immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to any Service is transferred to you, and all rights not expressly granted are reserved by Foundation. Any use of a Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Foundation name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Foundation or its licensors. You are prohibited from using such marks without the prior written permission of Foundation. All other names, logos, product and service names, designs, and slogans associated with any Service are the trademarks of their respective owners.

Prohibited Uses

You may use Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use any Service:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.

To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

To impersonate or attempt to impersonate Foundation, a Foundation employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of any Service, or which, as determined by us, may harm Foundation or users of a Service, or expose them to liability.

Additionally, you agree not to:

Use any Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of any Service, including their ability to engage in real time activities through any Service.
Use any robot, spider, or other automatic device, process, or means to access a Service for any purpose, including monitoring or copying any Service Content.
Use any manual process to monitor or copy any Service Content, or for any other purpose not expressly authorized in these Terms of Use.

Use any device, software, or routine that interferes with the proper working of a Service.

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of any Service, the server on which any Service is stored, or any server, computer, or database connected to the Service.

Attack any Service via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of any Service.

Service Content

Unless otherwise required by applicable law, we do not warrant the accuracy, completeness, or usefulness of any Service Content, and any reliance you place on any Service Content, is strictly at your own risk. We disclaim all liability and responsibility arising out of any reliance placed on any Service Content, or on anyone who may be informed of any Service Content.

A Service may include Service Content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All information contained in any Service Content, other than the information provided by Foundation, is solely the responsibility of the person or entity providing such Service Content. We are not responsible, or liable to you or any third party, for the content or accuracy of any Service Content provided by any third parties.

Service Links

If a Service contains links to websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to any Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Services is based in the State of Wisconsin in the United States. We provide Services for use only by natural persons located in the United States only. We make no claims that that any Service or Service Content is accessible or appropriate outside of the United States. Access to a Service may not be legal by certain persons or in certain countries. If you access any Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or any Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and controls to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF ANY SERVICE OR YOUR DOWNLOADING OF ANY SERVICE CONTENT, OR ANY CONTENT ON ANY WEBSITE LINKED TO A SERVICE.

YOUR USE OF ANY SERVICE OR SERVICE CONTENT IS AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FOUNDATION NOR ANY PERSON ASSOCIATED WITH FOUNDATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF ANY SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER FOUNDATION NOR ANYONE ASSOCIATED WITH FOUNDATION REPRESENTS OR WARRANTS THAT ANY SERVICE OR SERVICE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT ANY SERVICE OR THE SERVER THAT MAKES A SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, FOUNDATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FOUNDATION OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE ANY SERVICE OR ANY WEBSITES LINKED TO ANY SERVICE, OR ANY SERVICE CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Foundation, its licensors, and its service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of any Service or Service Content other than as expressly authorized in these Terms of Use.

Governing Law and Jurisdiction

Unless otherwise provided in the terms applicable to a given Service, all matters relating to any Service or these Terms of Use, or any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction).

Waiver and Severability

No waiver by Foundation of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Foundation to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.