Terms of Use

Effective Date: January 8, 2025

Welcome to https://www.foundonmainstreet.com (the “Website”). This Terms of Use Agreement (the “Agreement”) is made and entered into by and between you and (the “Company”, “us”, “we”, or “our”). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website (collectively, the “Services”).

Acceptance of this Agreement

Please review the following terms carefully. By accessing or using the Services (or by clicking on “accept” or “agree” to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.

Eligibility Requirements to Use or Access the Services

To use the Website or any other Services, you must be (i) at least 18 years of age or the age of majority in your jurisdiction of residence, whichever is greater, (ii) a resident of the United States, Canada, or the United Kingdom, and (iii) not a competitor of or using the Services for purposes that are competitive with the Company.

By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.

Changes to this Agreement

The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. For new users, the changes will be effective immediately.

Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.

Access to the Services

Changes to Your Access and the Services. The Services may change from time to time as the Company evolves, refines, or adds more features to the Services. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.

Creating an Account. You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated information about yourself. All information that you provide will be governed by our Privacy Policy (https://foundonmainstreet.com/privacy-policy-ms).

Account Responsibilities.

You are entirely responsible for maintaining the confidentiality of your password and account, and for any and all activities associated with your account. You may not transfer your account to anyone else without our prior written permission. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security.

Termination or Deletion of an Account. The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement.

Policy for Using the Services

Prohibited Uses. You may use the Services for lawful purposes only and in accordance with this Agreement.

Prohibited Activities. You further agree not to engage in any of the following prohibited activities:

No Violation of Laws or Obligations: Violate any applicable laws or regulations.

No Unsolicited Communications: Send any unsolicited or unauthorized advertising, spam, or chain letters.

No Impersonation: Impersonate others or misrepresent your affiliation.

No Harming of Minors: Exploit or harm minors in any way.

No Interference or Disabling of the Services: Use any device, software, or routine that interferes with the proper working of the Services.

No Monitoring or Copying Material: Use automatic devices (robots, spiders, scrapers) to strip, scrape, or mine data from the Website (except for standard public search engine indexing).

No Viruses or Damaging Software: Upload viruses, Trojan horses, worms, or logic bombs.

No Reverse Engineering: Reverse engineer or decompile the Services.

Geographic Restrictions

The Company is based in Canada. The Services are intended for use by persons located in Canada, the United States, and the United Kingdom. By choosing to access the Services from any other location, you accept full responsibility for compliance with all local laws.

Terms and Conditions of Sale

Purchasing Process & Orders

By clicking on the checkout button, users open the third-party merchant checkout section. The submission of an order determines contract conclusion and creates the obligation to pay the price, taxes, and fees specified. You do not acquire any rights to use the purchased Services until the total purchase price is received.

Subscriptions & Automatic Renewal

Paid subscriptions begin on the day payment is received. Subscriptions are automatically renewed through your chosen payment method unless you cancel within the specified deadlines. Recurring subscriptions may be terminated at any time by contacting the Company; termination takes effect as soon as the current billing period is completed.

Intellectual Property Rights

You acknowledge that all intellectual property rights in the Services and its contents (the “Content”) are owned by the Company or its licensors, protected by U.S., Canadian, and international laws. The Company grants you a limited, non-exclusive, revocable license to use the Content for business/commercial use in accordance with this Agreement. You shall not copy, modify, exploit, or reverse engineer the Content.

User Content

You are solely responsible for any content or materials (“User Content”) you upload, post, or transmit. You grant the Company an irrevocable, non-exclusive, royalty-free, perpetual, and worldwide license to reproduce, distribute, display, and exploit your User Content in connection with the Services. User Content must not violate laws, promote illegal activity, infringe IP rights, or be defamatory, abusive, sexually explicit, or fraudulent.

Copyright Infringement

For U.S. Residents (DMCA Policy): If you believe your work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent with a written notice containing the information required by the Digital Millennium Copyright Act (17 U.S.C. § 512).

For Canadian Residents (Notice and Notice Regime): In accordance with the Canadian Copyright Act, if you believe your work has been infringed, send a written notice of claimed infringement to our designated agent specifying the copyrighted work, your interest in it, and the location data.

Designated copyright agent for the Company:

NAME:

ADDRESS:

TELEPHONE:

EMAIL: [email protected]

Assumption of Risk

The information presented on or through the Services is made available for general information purposes only. The Company disclaims all liability and responsibility arising from any reliance placed on such information.

SMS & Mobile Messaging Program

If you opt-in to our SMS messaging program, the following terms apply:

This campaign sends SMS Notifications, Alerts, and Marketing Communications.

You agree to receive text messages in compliance with the Telephone Consumer Protection Act (TCPA) and Canada's Anti-Spam Legislation (CASL).

Cancellation: You can cancel the SMS service at any time by texting "STOP" to the shortcode. We will confirm your unsubscribe status via SMS.

Help: Reply with the keyword "HELP" for more assistance, or contact ([email protected]).

Carriers are not liable for delayed or undelivered messages.

Rates: Message and data rates may apply. Message frequency varies.

Privacy

Please review our Privacy Policy (https://foundonmainstreet.com/privacy-policy-ms). By using the Services, you consent to the collection, use, and sharing of such information as set forth therein.

Termination

The Company may suspend or terminate your access to the Services at any time, for any reason, without prior notice. Upon termination, any provisions that by their nature should survive (including IP provisions, warranty disclaimers, and limitations of liability) shall remain in full force.

No Warranty

THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Statutory Exceptions: CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, OR GOODWILL ARISING OUT OF YOUR USE OF THE SERVICES.

Statutory Exceptions: CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME EXCLUSIONS MAY NOT APPLY.

Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates from and against any claims, liabilities, damages, losses, costs, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement, your use of the Services, or your User Content.

Governing Law and Jurisdiction

Except where prohibited by applicable consumer protection laws (which may include the province of Quebec), this Agreement shall be governed by the laws of the Province of [Insert Province, e.g., Ontario] and the federal laws of Canada applicable therein. Any legal suit or proceeding arising out of this Agreement shall be instituted exclusively in the provincial or federal courts located in [Insert City and Province], Canada.

Miscellaneous Provisions

Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: No waiver by the Company of any term or condition shall be deemed a further or continuing waiver of such term or any other term.

Entire Agreement: This Agreement and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Services and supersede all prior understandings and agreements.

Language (For Quebec Residents): The parties expressly wish that this Agreement, as well as all related documents, be drafted in English. Les parties aux présentes ont expressément exigé que cette entente ainsi que tous les documents s’y rattachant soient rédigés en anglais.