Terms of Service

These Terms of Use are effective immediately for unregistered users and users registering accounts or otherwise acknowledging acceptance of these Terms of Use on or after the revision date. For other users who registered accounts before the revision date, these Terms of Use will become effective thirty (30) days after the revision date.

 

These Terms of Use, together with any documents expressly incorporated by reference herein (the “Terms”), are entered into by and between you and FounderWell, a brand of Access Altitude LLC, Colorado limited liability company (the “Company”, “FounderWell”, “we”, “our”, or “us”). 

 

These Terms govern your access to and use of our website at the domain www.FounderWell.com and any other of our websites, including any content, functionality, and services offered on or through such websites (collectively, “FounderWell”), whether as a guest or a registered user.

 

Please read the Terms carefully before using FounderWell. By accessing or using FounderWell (or by clicking to accept or agree to the Terms when this option is made available to you), you accept and agree to be bound and abide by these Terms and our Privacy and Cookie Policy, found at https://www.FounderWell.com/tos-privacy-policy, incorporated herein by reference.

 

If you are using FounderWell on behalf of a company or other legal entity, then “you” also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you. You may not use FounderWell if you do not agree to the version of the Terms posted on FounderWell at the time you access FounderWell.

 

Please note: These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

 

Eligibility to Use FounderWell
To access or use FounderWell, you must be at least 18 years of age or, if older, the age of majority in your jurisdiction, otherwise you may not use FounderWell. Except as set forth herein, or as otherwise approved by us, FounderWell is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use FounderWell if we have terminated your account or banned you.

 

Your FounderWell Account
Account Registration: In order for you to create a FounderWell account, you may be asked to provide certain registration details or other information, such as your name, email, password and information about your personal and professional background. It is a condition of your use of FounderWell that all the information you provide us is correct, current, and complete. We must be able to reach you at the email address you provide. In the event we cannot correspond with you via this email address, your submitted content may be rejected and your account may be disabled. To maintain the integrity of the community, we require a company/work email. Your email address is not visible or shared with anyone outside our team and we abide by the a code of ethics and professional standards to maintain confidentiality. We strongly encourage you to use a private company/work email, rather than a shared work email, for your privacy.

 

 

 

 

Third-Party Content on FounderWell: Content from users, advertisers, and other third parties is made available to you through FounderWell. “Content” means any text, photos, videos, logos, files, data or other works of authorship or information, including personal or professional details, financial information, company reviews, deal opportunities, talent matches, profile information, advertisements, comments, opinions, postings, messages, or other materials you find on FounderWell. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, ads, or the company information provided by other users; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and other third parties.

 

 

 

 

FounderWell may contain links to third-party websites placed by us as a service to those interested in this information, or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave FounderWell, our Terms and policies do not govern your use of third-party websites.

 

FounderWell Advisory Service(s): FounderWell may provide advisory services, including counseling, coaching, mentoring, guidance, advice, and assistance, as well as other related matters. Some of these services, including counseling or coaching services, may allow you to complete and submit an application on FounderWell. We sometimes provide these services by working directly with advisory, counseling, and coaching service professionals. While we endeavor to make this service the best it can be, advisory, counseling, and/or coaching services and third-party websites are not controlled by us, and we cannot guarantee that your application or Your Content will be properly received and logged by the third-party advisor, counselor or coach upon transmission. We also have no control over, and make no guarantees regarding, how other third parties will view, perceive or act as a result of any of these services, and you should not rely on any of these services for any purpose.

 

Templates and Content: From time to time we may provide you with templates, playbooks, and other content for your use. You understand and agree that the templates and content we offer through FounderWell are provided as suggestions and their contents do not constitute legal or financial advice. With respect to templates, you understand and agree that we cannot guarantee that a description properly applies to the specific circumstances of your needs. You accept that your use of any template provided by FounderWell is at your own risk.

 

Removal of Content: While FounderWell has no obligation to do so, FounderWell reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on FounderWell, or that we deem, in our sole discretion, inappropriate. If you see any Content on FounderWell that you believe violates our policies, you may report that Content by flagging the content within the Platform and/or contacting us at legal@founderwell.com. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note that our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.

 

Other Enforcement Actions: While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from FounderWell; suspending your rights to use FounderWell; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.

 

Defending Our Users: While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user’s electronic address or identifying information.

 

We do not claim ownership in any of Your Content, but you grant us the rights to use Your Content as set forth below. By providing or authorizing us to display any of Your Content, you hereby grant (and you represent and warrant that you have the right to grant) to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sub-licenses) to use, copy, perform, display, create derivative works of, adapt, distribute, incorporate into other works, and otherwise use and exploit Your Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to FounderWell’s exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve FounderWell and to make Content submitted to or through FounderWell available to other companies, organizations or individuals for marketing, promotional and other business purposes, subject to our terms and conditions for such Content use. No compensation will be paid with respect to Your Content. You should only submit Content to FounderWell that you are comfortable sharing with others under the terms and conditions of these Terms.

 

Rights to FounderWell Content
FounderWell contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and FounderWell owns and retains all property rights in FounderWell. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from FounderWell solely for your personal use in connection with using FounderWell. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on FounderWell or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to FounderWell. FounderWell ™ is a registered trademark of Access Altitude LLC. The trademarks, logos and service marks (“Marks”) displayed on FounderWell are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.

 

You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, independent contractors, agents successors and assigns (collectively, the “FounderWell Group”) harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, made by any third party due to or otherwise arising from your use of FounderWell, including due to or arising from your breach of any provision of these Terms.

 

The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.Any emails or email notifications corresponding with any activity on FounderWell, or any other communications service, product, or feature provided on or through FounderWell, are provided solely as a courtesy. FounderWell disclaims all warranties with regard to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable. Further, if you posted any Content or other material directly on FounderWell, any notices, information or applications you may receive are provided solely as a courtesy to you.

 

You are solely responsible for your interactions with advertisers and other users (including advisors, mentors, counselors, coaches, or employers) and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of FounderWell. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on FounderWell, whether caused by users or by any of the equipment or programming associated with or utilized in FounderWell. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on FounderWell or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with FounderWell. Under no circumstances shall we be responsible for any loss or damage resulting from the use of FounderWell or from any Content posted on FounderWell or transmitted to users, or any interactions between users of FounderWell, whether online or offline, including as to how any previous, current or potential future employer may access, perceive or respond as a result of your, our, or any third party’s use of FounderWell or any Content.

 

FounderWell is provided “as-is” and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) FounderWell will meet your requirements; (2) FounderWell will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of FounderWell will be accurate or reliable.

 

You hereby release the FounderWell Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.

 

IN NO EVENT SHALL THE FOUNDERWELL GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF FOUNDERWELL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE FOUNDERWELL GROUP’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF FOUNDERWELL (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00).

 

You acknowledge that you are familiar with the provisions of Section 1542 of the California Civil Code,  which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under Section 1542 of the California Civil Code and any law or legal principle of similar effect in any jurisdiction with respect to the releases and/or discharges granted herein, including but not limited to the releases and/or discharges of unknown claims.

 

These Terms remain in effect while you use FounderWell and, for registered users, as long as your account remains open. You may request to delete your account at any time. We may suspend or terminate your account or your access to parts of FounderWell, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.

 

All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of FounderWell. For the avoidance of doubt, you agree that these Terms apply to your use of FounderWell and any Content posted on FounderWell at any time prior to the termination or expiration of these Terms.

 

We may revise these Terms from time to time by posting an updated version on FounderWell. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. For users who registered accounts before the revision date, the Terms will become effective thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of FounderWell is subject to the most current effective version of these Terms.

 

You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from FounderWell. If you intend to propound discovery seeking a user’s identifying information, you agree to do so pursuant to a valid California subpoena, properly issued in connection with an active lawsuit and properly served on us or our registered agent. You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought and resolved exclusively in the state courts located within San Francisco County, California or the federal courts in the Northern District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.

 

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND FOUNDERWELL ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND FOUNDERWELL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

 

Governing Law: These Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of FounderWell, shall be governed by the laws of the State of Colorado without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. The parties agree that their arrangement under these Terms is in interstate commerce and that the Federal Arbitration Act applies to the construction of the “Agreement to Arbitrate” provision below. For any claim, dispute, or other legal proceeding not subject to the “Agreement to Arbitrate” provision below, the claim or dispute shall be brought and litigated exclusively in the state or federal courts located within Durango, Colorado, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.

 

Agreement to Arbitrate: If you reside in the United States, subject to the Exceptions to Arbitration set forth below, you and FounderWell each agree that any and all disputes between users of FounderWell and FounderWell arising under or related in any way to these Terms and such users’ use of FounderWell must be resolved through binding arbitration as described in this section. With the exception of the prohibition on class arbitrations set forth in this “Dispute Resolution” section, if an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.

 

Exceptions to Arbitration: This Agreement to Arbitrate will not apply to the following: (a) small claims court cases that qualify; (b) legal proceedings that involve efforts to obtain user-identifying information; (c) any legal proceedings brought against any of the FounderWell Group by companies or other legal entities; or individuals acting on behalf of such companies or other legal entities; (d) any legal proceedings brought by any of the FounderWell Group against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; and (e) a party’s right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement and the Dispute Resolution section will continue to apply.

 

Informal Dispute Resolution: If either of us intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. You may send us notification of a dispute in advance of initiating arbitration at legal@founderwell.com. If you have an account on FounderWell, notice to you will be sent to the email address associated with your account. The notice of dispute (“Notice”) must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If FounderWell and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or FounderWell may commence formal proceedings.

 

Arbitration Procedure: The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), if applicable, as modified by this section. The AAA’s rules and a form for initiating the proceeding are available at www.adr.org. Any settlement offer made by you or FounderWell shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in Durango, Colorado unless otherwise proposed and/or agreed by FounderWell. For any claim where the total amount of the award sought is $10,000 or less, you and FounderWell may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and FounderWell subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you or FounderWell may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same FounderWell user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

Opt-Out Procedure: IF YOU ARE A NEW FOUNDERWELL USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE("OPT-OUT") BY EMAILING US A WRITTEN OPT-OUT NOTICE ("OPT OUT NOTICE"). THE OPT-OUT NOTICE MUST BE EMAILED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE FOUNDERWELL TERMS OF USE FOR THIS FIRST TIME. PLEASE EMAIL OUR OPT-OUT NOTICE TO legal@founderwell.com

 

Your completed Opt-Out Notice must provide your name, address (including street address, city, state and zip code), and the email address(es) associated with the FounderWell account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of this Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts these Terms and this Dispute Resolution section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

 

Changes to the Agreement to Arbitrate: Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any changes to this “Arbitration” section (other than a change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. The change will apply to all other disputes or claims governed by this Arbitration section that have arisen or may arise between you and FounderWell. We will notify you of changes to this Arbitration section by posting the changes on FounderWell at least 30 days before the effective date of the changes and by email. If you do not agree to these changed terms, you may close your account within the 30-day period and you will not be bound by the changes.

 

Other
Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of FounderWell and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of these Terms are binding and the translations are provided for convenience only. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub licensable by you except with FounderWell’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word “including” means “including but not limited to.”

 

Please contact us with any questions regarding these Terms by contacting us at legal@founderwell.com