Terms of Use
Last updated: February 10, 2025
Welcome to Foundation
These Terms of Use (“Terms”) are a binding contract between you and Found Media, LLC and its publication, Foundation (collectively, “Foundation”, “we”, “us”, “our”). These terms govern your use of Foundation’s products and services (referred to below simply as “Foundation”, the “Site”, the “Service”, or the “Services”).
Using Foundation in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use Foundation. These Terms include everything in this document, as well as everything in the Privacy Policy and Payment Policy. If you do not agree to all of the Terms, you may not use Foundation in any way.
We may modify the Terms at any time in our sole discretion. If we do so, we’ll let you know by posting the modified Terms on the Site with a new “Last updated” date at the top of the Terms. If you use Foundation in any way after a change to the Terms is effective, that means you agree to all of the changes.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: BY AGREEING TO BE BOUND BY THESE TERMS, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND FOUNDATION WILL BE RESOLVED BY BINDING ARBITRATION, EXCEPT FOR CERTAIN LIMITED TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION BY BINDING ARBITRATION” SECTION BELOW. YOUR AGREEMENT TO ARBITRATION MEANS THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Description of Services
Foundation publishes a digital publication covering topics in technology, business, finance, and world events. The content published on Foundation includes, but is not limited to, many types of digital formats, such as writing, artwork, videos, audio clips, illustrations, podcasts, streams, shows and/or other media or content, (collectively known as the “Content”).
The contents of the Services are intended exclusively for your personal, noncommercial use. All Content published on the Services is protected by copyright and owned by Foundation or the third party credited as the author of the Content. The Services and Content are protected by copyrights, trademarks, patents, trade secrets, and other intellectual or proprietary rights pursuant to U.S. and international laws. You may not modify, publish, transmit, transfer, sell, reproduce, create new works from, distribute, display any of the Content or the Services in whole or in part.
Creating an Account
You are required to sign up for an account in order to get access to all of the Content on Foundation. When you register, you agree to provide a valid email address, and you must verify your email address. You promise to provide us with accurate and up-to-date registration information about yourself.
You agree that you will only use Foundation for your own personal, non-commercial, use.
You must be 13 years or older to use the Services in the USA and 16 years or older anywhere else. If you are less than 18 years of age, you must ask your parent or legal guardian to review and agree to these Terms before you use the Services.
Fees and Payments
To view all of the Content on Foundation, you must pay a subscription fee. The subscription fee and the frequency that the subscription is charged will be posted prominently on the Site.
We reserve the right at any time to change the subscription fee or to charge additional fees for portions of the Services. If we change the price of the subscription or require a fee for portions of the Services which were previously free, we will provide you with advance notice on the Site or to your email address on file. If you do not wish to pay additional fees, you may cancel your account at any time. Please see the Termination section below for more information on account termination.
All fees and charges will be billed to you and shall be paid for by you.
Contributing Content
You may post Content on Foundation if you are invited to post content as a guest contributor (“Guest Contributor”). As a Guest Contributor, you grant Foundation a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license to any Content you post on Foundation. This gives Foundation, or any third party which we designate, the right to use, charge a fee for, copy, transmit, publish, distribute, publicly display, create derivative works of, host, modify, adapt to other digital formats, any Content posted by you on the Services.
We welcome feedback, comments and suggestions to help us improve the Services (“Feedback”). You grant Foundation a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license to any Feedback. If we decide to use Feedback for marketing purposes, you agree that we may do so in any media format without requiring your approval, and that you are not entitled to any compensation for such use.
Notifications
As part of your use of the Services, you may receive notifications, alerts, or emails about the Services. To control receipt of these communications, you can update your preferences in your Account settings.
Unless an email is essential to the operation of the Services, you will be able to unsubscribe. There are certain transactional emails that you cannot unsubscribe form, such as an email with your unique link to log in to the Site. If you do not wish to receive any emails whatsoever from Foundation, you may cancel your account at any time.
Links to Third-Party Websites and Content
The Services contain links to third party websites and resources (collectively, “Third-Party Content”). We provide Third-Party Content for informational purposes only, and we do not endorse, control, recommend, or are in any way responsible for any of this Third-Party Content. Foundation does not warrant or guarantee the products or services available through these links. You acknowledge sole responsibility for, and assume all risk arising from, your use of any Third-Party Content.
Termination
Foundation may terminate your use of the Services or your account, at any time, at our sole discretion for any reason, without notice to you. You may also cancel your subscription at any time. If you’d like to cancel your subscription, you can do so at on the Site.
You understand that it may not be possible to completely delete your information from Foundation’s records and backups. You also understand that if you posted on Foundation as a Guest Contributor, your Content may continue to be viewable on the Site after you delete your account.
You agree that some of the obligations in these Terms will be in force even after you terminate your account. The following terms will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, terms regarding disputes between us, and any other terms that should survive termination of these Terms.
Violations of the Terms
Failure to follow any of these Terms shall constitute a breach of these Terms, which may result in immediate termination of your account. Foundation has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
No Warranties
The Services are provided to you on an “as-is” basis. Foundation does not endorse the accuracy or reliability of any advice, opinion, statement, or any other information displayed through the Services. You acknowledge that any reliance upon any such opinion, advice, statement, or information shall be at your sole risk.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SERVICES, CONTENT OR OTHER SUBJECT MATTER OF THESE TERMS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. WHILE WE TRY TO ENSURE THAT THE SERVICES ARE AVAILABLE AND CORRECT, FOUNDATION DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, ERRORS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT.
USE OF THE SERVICES, THE CONTENT AND ANY INFORMATION OBTAINED THROUGH YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE INFORMATION PROVIDED THROUGH THE SERVICES IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES. YOU SHOULD NOT RELY ON THE CONTENT AS A SUBSTITUTE FOR PROFESSIONAL LEGAL, FINANCIAL, OR TAX ADVICE. PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU SHOULD CONSULT WITH YOUR FINANCIAL ADVISOR. WE SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NOTHING CONTAINED IN THE SITE SHALL BE CONSTRUED AS INVESTMENT ADVICE. WE ARE NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR, AND WE DO NOT GIVE INVESTMENT ADVICE.
Indemnity
You will indemnify and hold harmless Foundation and its owners, shareholders, officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) Content that you post, or (iii) your violation of these Terms.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOUNDATION WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FOUNDATION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE TOTAL LIABILITY OF FOUNDATION, ANY CONTENT PROVIDER AND/OR ANY FOUNDATION REPRESENTATIVE TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FOUNDATION AND YOU.
Dispute Resolution by Binding Arbitration
YOU HAVE READ THIS SECTION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND FOUNDATION. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN THE SECTION ENTITLED "OPT OUT OF ARBITRATION" BELOW.
Governing Law
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Initial Dispute Resolution
Before submitting a claim for arbitration in accordance with this arbitration provision, you and we agree to try, for sixty (60) days, to resolve any Dispute (as defined below) informally. Any party wishing to bring a claim agrees to provide a notice of the Dispute to the other party, which shall include the sender’s name, address and contact information, the facts giving rise to the Dispute, and the relief requested. The notice shall be an individualized claim specific to the individual bringing the claim. Any notice to Foundation shall be sent to support@foundation.news or regular mail at Attn: Found Media, LLC, 440 N Barranca Ave #8183, Covina, CA 91723. Any notice sent to you will be sent to the email address Foundation has in its records for you. Once the notice is received by the other party, you and we agree to participate and negotiate (personally and, if you and Foundation are represented, with counsel) in good faith about the Dispute for sixty (60) days. This personal participation includes a telephone settlement conference between you and Foundation if it is requested by the party that receives the notice.
If the Dispute is not resolved within sixty (60) days after receipt of the notice (or a longer period agreed to by the parties), you or Foundation may initiate an arbitration or a small claims court proceeding in accordance with these Terms.
Neither party may initiate an arbitration or a small claims court proceeding unless that party has fully complied with this section. If either party violates this section, a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or small claims court proceeding, and, unless prohibited by law, no arbitration administrator may accept or administer such arbitration or assess arbitration fees in connection with such arbitration. A party may elect to raise, and seek monetary relief in connection with, non-compliance with this section in arbitration or small claims court.
Agreement to Arbitrate
You, on the one hand, and Foundation, on the other, agree that the sole and exclusive forum and remedy for resolution of a Dispute shall be final and binding arbitration pursuant to this section entitled “Dispute Resolution by Binding Arbitration” unless you opt out as provided below. “Dispute” shall include any dispute, claim or controversy arising out of or relating to these Terms and/or the activities or relationships that involve, lead to, or result from these Terms, including our marketing activities and any such dispute, claim or controversy between you, on the one hand, and Foundation, its owners, affiliates, agents, representatives, advisors, employees, consultants, officers, directors, shareholders, lenders, service providers, vendors, partners and/or suppliers (together, “Foundation Representatives”), on the other hand, and (except to the extent provided otherwise in the paragraph entitled “NO CLASS ACTIONS”) the validity or enforceability of this “Dispute Resolution by Binding Arbitration” section, any part thereof, or the entire Terms. Disputes will be settled by binding arbitration, except that each party retains the right: (i) to bring or require the other party to bring an individual action in small claims court (a “Small Claims Action”) as set forth in the Small Claims Action section below; (ii) 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 (the action described in the foregoing clause (ii), an “IP Protection Action”); and (iii) to bring an action seeking only injunctive relief.
Small Claims Action
If either party contends that the amount of a claim in a Dispute is within the jurisdiction of the small claims court (or an equivalent court), it may instruct the arbitration administrator to administratively close the arbitration case, prior to payment of fees, and direct that the claim be filed, if at all, in small claims court. Upon such a request by a party, the arbitration provider shall administratively close the arbitration proceeding. Any dispute about whether a claim qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the small claims court lacks jurisdiction over the action. Only in the event that the small claims court determines that it lacks jurisdiction over the Dispute may the arbitration provider reopen the arbitration case. You and we acknowledge that failure to comply with the provisions of this section would irreparably harm the party requesting administrative closure of the arbitration proceeding, and you and Foundation agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this section are resolved by the court. You and we do not have to arbitrate a small claim that is filed in small claims court, but if that claim is transferred, removed, or appealed to a different court, you or we may elect to compel arbitration. Moreover, if you or we bring any counterclaim or cross-claim that is for more than the small claims court’s jurisdiction, you or we can elect to have the entire claim (including the counterclaim or cross-claim) resolved by arbitration.
Opt Out of Arbitration
You may opt out of the binding arbitration described in this section by sending Foundation written notice of your desire to do so by e-mail at support@foundation.news or regular mail at Attn: Found Media, LLC, 440 N Barranca Ave #8183 Covina, CA 91723 within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Foundation with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except with regard to a Small Claims Action, IP Protection Action, or to bring an action seeking only injunctive relief, as expressly set forth above.
Judicial Forum for Disputes
In the event that (i) you or we bring an IP Protection Action; (ii) you timely provide Foundation with an Arbitration Opt-out Notice; or (iii) this “Dispute Resolution by Binding Arbitration” section is found not to apply, the exclusive jurisdiction and venue of any Dispute will be the state and federal courts located in the Central District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You and we both further agree to waive our right to a jury trial.
WAIVER OF RIGHT TO LITIGATE
Unless you timely provide Foundation with an Arbitration Opt-out Notice, YOU ACKNOWLEDGE AND AGREE THAT YOU AND FOUNDATION ARE EACH WAIVING THE RIGHT TO LITIGATE A DISPUTE THROUGH A COURT BEFORE A JUDGE OR JURY. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
Mass Action Waiver
The parties expressly waive the right to have any Dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a mass action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any mass action or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. The parties agree that the definition of a “Mass Action” includes, but is not limited to, instances in which you or Foundation are represented by a law firm or collection of law firms that has filed fifty (50) or more arbitration demands of a substantially similar nature against the other party (or against any Foundation Representative) within 180 days of the arbitration demand filed on your or Foundation’s behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands in the aggregate. Notwithstanding anything else in these Terms or this arbitration provision, this Mass Action waiver does not prevent you or Foundation from participating in a mass settlement of claims.
Notwithstanding any provision to the contrary in the applicable arbitration provider’s rules, the arbitrator shall be empowered to determine whether the party bringing any claim has filed a Mass Action in violation of the Mass Action waiver. Either party shall raise with the arbitrator or arbitration provider such a dispute within fifteen (15) days of its arising. If such a Dispute arises before an arbitrator has been appointed, the parties agree that (i) a panel of three (3) arbitrators shall be appointed to resolve only disputes concerning whether the party bringing any claim has filed a Mass Action in violation of the Mass Action waiver. Each party shall select one arbitrator from the arbitration provider’s roster to serve as a neutral arbitrator, and these arbitrators shall appoint a third neutral arbitrator. If the parties’ arbitrators cannot agree on a third arbitrator, the arbitration provider will select the third arbitrator; (ii) Foundation shall pay any administrative fees or costs incidental to the appointment of arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrators, as well as room rental; (iii) the arbitrators shall issue a written decision with findings of fact and conclusions of law; and (iv) any further arbitration proceedings or assessment of arbitration-related fees shall be stayed pending the arbitrators’ resolution of the parties’ dispute. If the arbitrator or panel of arbitrators determines that you have violated the Mass Action waiver, the parties shall have the opportunity to opt out of arbitration within thirty (30) days of the arbitrator’s or panel of arbitrator’s decision. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to or hand delivery. This written notice must be signed by you, and not any attorney, agent, or other representative of yours. Foundation may opt out of arbitration by sending written notice of its intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented. For the avoidance of doubt, the ability to opt out of arbitration described in this section only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action waiver.
NO CLASS ACTIONS
NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS EVEN IF THE DISPUTE OR DISPUTES THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of such parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than all parties to the arbitration, or resolve any Dispute of anyone other than any such party; nor (b) make an award for the benefit of, or against, anyone other than any such party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this specific paragraph, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. If this specific paragraph is held unenforceable in its entirety, then the entirety of this “Dispute Resolution by Binding Arbitration” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution by Binding Arbitration” section will survive any termination of these Terms.
Arbitration Rules
The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Arbitration Rules and Procedures then in effect (“JAMS Rules”), except as modified by this “Dispute Resolution by Binding Arbitration” section. In the case of a conflict between the rules and policies of the administrator and this “Dispute Resolution by Binding Arbitration” section, this “Dispute Resolution by Binding Arbitration” section shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. (JAMS Rules are available at https://www.jamsadr.com/adr-rules-procedures/) The Federal Arbitration Act will govern the interpretation and enforcement of this “Dispute Resolution by Binding Arbitration” section.
Arbitration Process
A party who desires to initiate arbitration must provide all other parties with a written demand for arbitration as described in JAMS Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from JAMS’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the demand for arbitration, then JAMS will appoint the arbitrator in accordance with JAMS Rules. No party may initiate arbitration, however, unless that party has completed the initial dispute resolution process set forth above.
Arbitration Location and Procedure
Unless all parties to an arbitration otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by JAMS Rules. Subject to JAMS Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in JAMS Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Fees
Each party shall pay its own arbitration fees in accordance with JAMS Rules. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
Appeals
Notwithstanding any language to the contrary in these Terms, the parties hereby agree: that the initial arbitration award (the “Underlying Award”) may be appealed pursuant to JAMS’s Appeal Procedures (“Appeal Procedures”); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appeal Procedures has expired. Appeals must be initiated within fourteen (14) days of the award becoming final, as set forth in the Appeal Procedures. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.
Survival, Conflict, Severance
This arbitration provision will survive the termination of any agreement you have with Foundation and any bankruptcy. In the event of any conflict or inconsistency between this arbitration provision, on the one hand, and the administrator’s rules or these Terms, on the other hand, this arbitration provision will govern. If any part of this arbitration provision is found to be invalid or unenforceable, then that specific part shall be severed, and the rest of this arbitration provision will continue in full force and effect, except that at either your or our election the entire arbitration provision (other than this sentence) may be null and void with respect to any claim asserted on a class, representative or multiple-party basis that does not seek public injunctive relief if the “No Class Actions” or “Mass Action waiver” provisions are held to be invalid with respect to such claim and that determination becomes final after all appeals have been exhausted. If a court decides by means of a final decision, not subject to any further appeal or recourse, that the “No Class Actions” or “Mass Action waiver” provisions are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts. All other disputes shall be arbitrated or litigated in small claims court.
Changes
If Foundation changes this “Dispute Resolution by Binding Arbitration” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by e-mail to support@foundation.news) within thirty (30) days of the date such change became effective, as indicated in the “Last updated” date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Foundation in accordance with the provisions of this “Dispute Resolution by Binding Arbitration” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms). By not rejecting any change as set forth in this section, you will be bound by the changed Dispute Resolution by Binding Arbitration provision for all Disputes whether they accrued or were asserted before or after the effective date of the change.
Miscellaneous Terms
These Terms constitute the entire and exclusive understanding and agreement between Foundation and you regarding the Services and Content. These Terms supersede and replace any and all prior written or oral understandings or agreements between Foundation and you regarding the Services and Content.
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Foundation’s prior written consent. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Foundation under these Terms, including those regarding modifications to these Terms, will be given via email or on the Site.
Foundation’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Foundation. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.