The Foundation Series

Effective date: January 1, 2020

The following terms ("Terms of Use") constitute an agreement between D. Foster Marketing Consulting LLC, a Texas limited liability company ("Company"), and the purchaser ("You") of any course (each a “Course” and collectively the "Series") found at https://thefoundationseries.dfostermarketing.com (the "Website") that governs Your participation in the Series. You agree to abide by the Terms of Use as a condition of Your participation in any of the Series.

Your purchase of any of the Series constitutes Your acceptance of, and agreement to the following Terms of Use. Company reserves the right to modify, alter, amend or update its Series, policies and these Terms of Use. These Terms of Use are subject to change without notice. If You do not agree with or do not accept any part of these Terms of Use, You should not purchase any of the Series.

Disclaimer

Company has made every effort to ensure that all information in the Series has been tested for accuracy. Company makes no guarantees regarding the results that You will see from using the information provided in the Series.

Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided in the Series. Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found in the Series.

Business Disclaimer

Company has made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided in the Series has been tested for accuracy. There is no guarantee that You will see positive results to Your business using the techniques and materials provided in the Series. Company assumes no responsibility for Your decisions or for policies or practices that You implement based on information in the Series.  Everything provided in the Series is for informational purposes only. 

Your Responsibility

The Series were developed strictly for educational purposes. You understand and agree that You are fully responsible for Your participation, progress, and results from the Series. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. You understand that Company is not responsible for Your results or any expenses that You may incur as a result of Your purchase. Company assumes no responsibility for errors or omissions that may appear in the Series.

Purchase Policies

You may purchase the Series on the Website.  The Series consists of recorded videos and downloadable written content. The  Series’ content is available only to those who have enrolled in the Series. After purchase, You will have access to the Series so long as the Company maintains the Series as a product offering.

Refund Policy

Refunds are not available for the Series.

Confidentiality & Privacy

Company respects Your privacy and insists You agree to respect the privacy of Company. Any confidential information ("Confidential Information") shared by You or any Company representative is confidential, proprietary, and belongs solely and exclusively to the disclosing party. Confidential Information includes, without limitation, these Terms of Use, any technical or business information, product formulas or specifications, process, experimental work, program, software, marketing or distribution plans, strategies or arrangements, or trade secrets relating to the products, systems, equipment, services, sales, research or business of Company. All parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, or otherwise. You agree not to use such Confidential Information in any manner other than implementing the processes and methodologies provided in the Series for Your own personal use. Confidential Information includes, but is not limited to, information disclosed in connection with these Terms of Use, and shall not include information rightfully obtained from a third party. Both parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. You agree not to violate the Company’s publicity or privacy rights. Furthermore, You will not reveal any information to a third party obtained in connection with these Terms of Use. By purchasing any Course, You agree that if You violate or display any likelihood of violating these Terms of Use the Company and/or the other participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

Intellectual Property

All original materials provided by Company as part of the Series are owned by Company. Any original materials are provided for Your individual use only. You are not authorized to use or transfer any of Company's intellectual property to any third party or for the benefit of any third party. All intellectual property remains the property of Company. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

Certain of the names, logos, and other materials displayed in the Series constitute Company’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights ("Company IP"). You are not authorized to use any Company IP without Company’s express consent. Ownership of Company IP remains with Company and You agree not to make any claims or assertions of any other party’s ownership of Company IP.

Registration & Restricted Access

Access to the Series is restricted to members of the Series.  When You register, You will create a user profile, which may include a username and password. You agree to keep Your username and password confidential. If You suspect Your password has been compromised, You must notify Company immediately at [email protected]. Company will not be liable for any loss caused by the unauthorized use of Your account; however, You may be liable to Company or other third parties for any losses incurred due to such unauthorized use.

Company may disable Your username and password at its sole discretion.

Company reserves the right to modify methods for registration and access levels of registered users from time to time.

Communication - Electronic Notice

You consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

Third Parties

The Series may offer resources that contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that You have read and agree to be bound by all applicable terms of use and policies for any third-party websites. Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless Company from any and all liability related to Your use of a third-party website.

Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Series, You must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked in the Series, You expressly hold Company harmless from any and all liability in any dispute.

No Warranties

The Series are provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. Company makes no representations or warranties in relation to the Series or the information and materials provided therein.

Company makes no warranty the Series will meet Your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Series.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  COMPANY’S SOLE LIABILITY UNDER THIS TERMS OF USE IS THE PURCHASE PRICE PAID BY YOU FOR THE SERIES.

Indemnity

You agree to defend, indemnify and hold Company, its members, employees, contractors, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) Your negligence or intentional misconduct, (ii) Your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by You including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, Your obligations hereunder.

Miscellaneous

The Terms of Use will be governed and construed in accordance with the laws of the State of Texas. The Terms of Use may not be assigned by You without Company's prior written consent, however, the Terms of Use may be assigned by Company in its sole discretion. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Series offered by Company. Company reserves the right to amend, alter, or modify the Terms of Use at any time. All notices with respect to the Terms of Use must be in writing and may be via email to [email protected] for Company and to Your email address.