Fundation Group LLC (“Fundation”) requires all visitors to this website (“Users”) to read the following
Terms and Conditions of Use (“Terms of Use”) carefully before using this website (this “Site”). This Site and all
content contained herein is being provided to Users expressly subject to these Terms of Use. By accessing, browsing
and/or using this Site, Users acknowledge that Users have read, understood, and agree to be bound by the Terms of Use
and to comply with all applicable laws and regulations. If a User does not agree to these Terms of Use, Fundation
requests that such Users do not use this Site. The Site is a general audience website. The Site is not intended
for use by any minors (defined as those who are not at least 18 years of age). This Site is owned by Fundation.
Passwords. Users are responsible for protecting the confidentiality of password(s) (if any)
that allow access to this Site. Users are responsible for use of this Site by any other person Users permit to access
or use this Site. Users agree to notify Fundation in the event of any unauthorized use of a User’s Fundation account.
Users agree to indemnify Fundation for any damages sustained as a result of an unauthorized third party’s use of the
Site through use of any applicable user name or password assigned to each User.
Ownership of the Site. As between User and Fundation, Fundation owns all right, title, and
interest in and to this Site. Users acknowledge that Users do not acquire any ownership rights to this Site by
accessing or otherwise using this Site. Any unauthorized use of the Site is strictly prohibited.
Changes to Terms of Use. Fundation may make changes to these Terms of Use from time to time
and without notice. In the event of any updates, Fundation will post the changed Terms of Use on this Site and will
indicate at the top of this page the date they were last revised. We suggest that Users check these Terms of Use
periodically for changes. Users understand and agree that continued use of this Site after Fundation has made any such
changes constitutes acceptance of the new Terms of Use.
Equipment. As between Fundation and Users, Users are responsible for obtaining, maintaining,
and paying for all telecommunications, computer hardware, and other equipment needed to access and use the Site.
Intellectual Property Rights. All content on this Site, including but not limited to designs,
text, graphics, pictures, video, information, software, music, sound, images, and other files, and their selection and
arrangement (the “Site Content”), are the intellectual property of Fundation with all rights reserved. Except as
therwise expressly authorized in writing by Fundation, no Site Content may be modified, copied, distributed, framed,
reproduced, republished, downloaded, displayed, posted, transmitted, licensed, altered, stored for subsequent use,
or sold in any form or by any means, in whole or in part, without Fundation’s prior written permission. Users
acknowledge that the Site Content is and shall remain the property of Fundation. Users agree to use the Site Content
and this Site only for lawful purposes. Users are prohibited from using the Site Content and the Site in a manner
that would constitute a violation of any applicable law, regulation, rule or ordinance, or that could give rise to
any civil or criminal liability. Trademarks appearing on this Site are the property of Fundation, its licensors,
or their respective owners. Infringement on any party’s copyright, patent, trademark, trade secret, intellectual
property, or other proprietary rights is strictly prohibited.
Privacy Policy. Fundation’s Privacy Policy applies to all Users use of this Site, and
its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, Users
acknowledge and agree that internet transmissions are never completely private or secure. Users understand that
any message or information sent to the Site may be read or intercepted by others, notwithstanding reasonable efforts
by Users and Fundation to protect such transmissions.
Links to Other Sites. This Site may contain links to sites owned or maintained by third
parties. Any such links are provided solely as references to Users of the Site for information not contained on the
Site. Fundation is not responsible for the content of those sites and the existence of such links should not be
considered an endorsement or recommendation of those sites or of any party who is associated with those sites.
Fundation makes no warranties, either express or implied, regarding the content of other websites. Please note that
other websites and web pages linked to this Site may be governed by separate terms and conditions, including privacy
policies. Please refer to the applicable terms and conditions of those websites and web pages when visiting them.
Disclaimer of Warranties. ACCESS TO AND USE OF THIS SITE IS AT USERS OWN RISK. THE SITE
AND THE CONTENTS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED “AS IS” AND
“AS AVAILABLE.” FUNDATION DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE SITE CONTENT AND EXPRESSLY
DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED,
EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION
WITH THE USE OF THE SITE.
Limitation of Liability. IN NO EVENT SHALL FUNDATION, NOR ANY OF ITS DIRECTORS, OFFICERS,
AGENTS, CONTRACTORS, PARTNERS OR EMPLOYEES BE LIABLE TO USERS FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, DIRECT, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES
AS A RESULT OF LOST DATA OR LOSS OF ACCESS TO OR USE OF THIS SITE), REGARDLESS OF THE LEGAL THEORY ASSERTED (WHETHER
IN TORT, CONTRACT, OR OTHERWISE) AND REGARDLESS OF WHETHER FUNDATION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH USER, FUNDATION’S MAXIMUM LIABILITY FOR ALL CLAIMS
ARISING OUT OF OR RELATED TO USERS’ USE OF THIS SITE OR ITS CONTENT SHALL BE LIMITED TO THE AMOUNT USER PAID TO ACCESS
THE SITE.
Certain Jurisdictions. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
CERTAIN LIABILITIES OR WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY. IN SUCH
JURISDICTIONS, FUNDATION’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Availability. This site is not intended for distribution to, or use by, any person or
entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
By offering this Site and information, or any products or services through this Site, no distribution or solicitation
is made by Fundation to any person to use this Site, or such information, products or services in jurisdictions where
the provision of this Site and such information, products and services is prohibited by law.
Disabling Devices. Users’ use of the Site and acceptance of the Terms of Use is an agreement
that Users will not use any device, software, routine, file, or any other tool or technology, including but not limited
to any viruses, trojan horses, worms, or any other program intended to damage or interfere with the proper working of
the Site or to surreptitiously intercept or expropriate any system, data or personal information from this website.
Any violation of this provision will be prosecuted to the fullest extent allowed by law.
Submissions. All information submitted to Fundation through this Site shall be deemed to be
and shall remain the property of Fundation. Fundation shall be free to use any such information for any lawful purpose.
By using the Site, Users agree and acknowledge that the User is entitled to submit the information, the User grants
license and ownership of the submitted information to Fundation, and any information submitted is true and accurate
to the best knowledge of the User. Fundation shall not be subject to any obligations of confidentiality regarding
submitted information except as otherwise agreed in writing or as required by law.
Indemnification. By agreeing to the Terms of Use, User hereby agree to defend, indemnify
and hold Fundation and its directors, officers, agents, contractors, partners and employees, harmless from and against
any and all losses, liabilities, claims, demands, damages, costs and expenses, including reasonable attorney's fees,
court costs, and litigation expenses, arising out of, by virtue of, or in connection with any breach of these
Terms of Use by User, User’s access to this Site, or use of this Site. Fundation reserves the right to assume or
participate, at User’s expense, in the investigation, settlement and defense of any such action or claim.
Waiver. The failure by Fundation to enforce any of its rights under these Terms of Use shall
not be construed as a waiver of those rights or any other rights in any way whatsoever.
Severability. If any provision of these Terms of Use is found to be invalid or unenforceable,
such provisions shall be deleted without affecting the remaining portions herein and the remaining provisions shall be
enforced to the fullest extent possible and shall remain in full force and effect.
Applicable Law and Dispute Resolution. These Terms of Use and all other aspects of use of
this Site shall be governed by and construed in accordance with the laws of the United States and, to the extent
applicable, the laws of the Commonwealth of Virginia, without regard to its conflict of laws rules; provided, however,
that the Terms of Use shall not be governed by or interpreted in accordance with the Uniform Computer Information
Transactions Act (UCITA), the application of which is expressly excluded.
Other Agreements. Users agree not to attempt to access the source code or object code of
this Site or attempt to decompile, reverse engineer, or dissemble this Site. Users agree not to interfere with or
disable this Site or the servers or networks used in connection with this Site in any way.
Additional Terms. Certain sections or pages on this Site may contain separate terms and
conditions of use, which are in addition to the terms and conditions of these Terms of Use. In the event of a conflict,
the additional terms and conditions will govern for those sections or pages.
Electronic Communications. By agreeing to the Terms of Use and using the Site, Users
consent to receive any and all disclosures, notices, or other communications required by law via electronic mail.
Entire Agreement. These Terms of Use, including any legal notices and disclaimers
contained on the Site, constitute the entire agreement between User and Fundation in connection with use of the Site
and supersede all prior agreements and understanding with respect to the same.
Termination. Fundation may immediately terminate these Terms of Use or access to this
Site for any or no reason, with or without notice. The provisions of these Terms of Use relating to ownership of
intellectual property, disclaimers, limitations on liability, and indemnification, and any other provisions of
these Terms of Use where context so indicates, shall survive termination of these Terms of Use.
DMCA Notice. Fundation owns, protects and enforces copyrights in its own Site Content
and respects the copyright properties of others. Materials may be made available on or through this Site by third
parties not within the control of Fundation. It is Fundation policy not to permit materials known by us to be
infringing to remain on this Site. User should notify Fundation promptly if User believes any materials on this
Site infringe a third party copyright. Upon Fundation’s receipt of a proper notice of claimed infringement under
the Digital Millennium Copyright Act (the “DMCA”), Fundation will respond expeditiously to follow the procedures
specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the
content in issue, including, where applicable, removing, or disabling access to material claimed to be infringing
or by removing or disabling access to links to such material. Pursuant to the DMCA 17 U.S.C. 512(c), Fundation has
designated its General Counsel as its agent for notification of claims of copyright infringement with respect to
information residing, at the direction of a user, on this Site. The contact information is:
Fundation Group LLC
Attn: Legal Department
11501 Sunset Hills Road, Suite 100
Reston, VA 20190
legal@fundation.com
Miscellaneous. User certifies that User is at least 18 years of age. User may not use this
Site or apply for a loan if User is not at least 18 years of age. These Terms of Use, along with the Site’s Privacy
Policy, sets forth the entire agreement and understanding between the parties regarding its subject matter and
supersedes any prior understanding or agreements, whether written or oral, regarding the same subject matter.