Terms of Service

Version 1 Date: August 7th, 2017.

Terms of Service

Welcome to Fullstack Founder Factory. These terms of service are an agreement (“Agreement”) between Fullstack Founder Factory, LLC (“FFF”), a New York State LLC and you. These terms govern your use of fullstackfounderfactory.com and all related services, including but not limited to email communication and web/mobile applications (collectively known as “Service”).

This Agreement creates legally binding terms for your use of the Service - please read it carefully. By accessing or using the Service; registering an account as a student; by viewing, accessing, uploading or downloading any information or content from or to the Service, you agree that you:

  • Represent and warrant that you have read, understood and agreed to be bound by this Agreement;
  • Represent and warrant that you are of legal age to enter into this Agreement with FFF;
  • Are entitled to enter into this Agreement personally or on behalf of the company that you represent, and to bind that company to this Agreement.

If you do not agree with or accept any of these terms, you should stop using the Service immediately.

Agreeing to use our Service means that you also have read, understood and agree to our Privacy Policy found at fullstackfounderfactory.com/privacy.

These terms and conditions may be changed over time. Users of the Service are advised to regularly review fullstackfounderfactory.com/terms for possible changes. We will take reasonable efforts to inform all users of changes in terms and conditions as soon as they are changed.

Definitions

  1. In addition to terms elsewhere defined in this Agreement and unless differently provided hereby, the following terms and expressions shall have the following meanings:
    • “FFF”, “us”, “we”, “our(s)” shall refer to our company, FFF, and our Service;

Registering with the Service

  1. By registering on the Service, you agree:
    • to provide true, accurate, current, and complete information about yourself and / or the company you represent as requested during the registration process (“Signup Information”);
    • to maintain / update Signup Information in order to keep such information true, accurate, current, and complete;
    • that you shall not create an account using a false identity or information, or on behalf of someone other than yourself;
    • that you shall not create more than one account;
    • that you are responsible for all activities that occur under your account whether or not authorized by you;
    • to grant FFF the right to suspend or terminate your account in case there is ground to suspect that uploaded information is untrue, inaccurate, not current, or incomplete;
    • that you will not create an account or use the Service if you have been previously removed by FFF, or if you have been previously banned from the Service;
    • that you are solely responsible for confidentiality of your credentials (username and password);
  2. FFF holds the right:
    • to request further clarification regarding uploaded information, before approving any given user of the Service. In doing this, we reserve the right to use a third party service such as Github, LinkedIn or Twitter to validate your information and / or confirm your registration;
    • to accept or decline any student that does not have a complete profile or does not meet one or more of the requirements specified by us at any point in time.

User responsibilities

  1. You must, at all times, abide by the terms and conditions of the current Privacy Policy, Terms of Service, and other policies of FFF. This includes respecting all intellectual property rights that may belong to third parties, such as trademarks or copyrights.
  2. You must not upload or otherwise disseminate any information that may infringe on the rights of others or which may reasonably be deemed to be injurious, violent, offensive, racist, or xenophobic.
  3. You agree also not to spam, hack or phish us and/or any User.
  4. You will not aggregate, repurpose, republish or otherwise make use of any Content in any medium, including without limitation by any automated or non-automated “scraping”.
  5. You must not make use of any services, automated or otherwise, including but not limited to bots, botnets, scripts, apps, plugins, extensions or other automated means to boost the level of activity of your profile beyond what a human could reasonably produce under the same constraints. This includes also attempting to interfere with and compromise system integrity and security.
  6. You will not upload invalid or illegal data, viruses, worms or other software agents through the Service.
  7. You will not collect and make inappropriate use of any personally identifiable information, including account names, from the Service. You will also not knowingly use our Service to post false or fraudulent information about a company or individual.
  8. You will not engage in any form of commercial activity other than that contemplated under this Agreement by using Content acquired by accessing our Service. Similarly, you will not engage in any commercial activity linked to giving access to third parties to your Service access.
  9. You agree not to violate any requirements, procedures, policies or regulations of networks connected to FFF
  10. You agree to not violate any law or regulation, and you are responsible for such violations.
  11. You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Service, including the de-indexing or de-caching of any portion of our Service from a third party’s website, such as by requesting its removal from a search engine.
  12. You will not upload any Content to our Service that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.

Our limitations on liability

  1. We are not liable for the Content that is posted on our Service by others. FFF is not liable to third parties for any Content that has been posted or viewed on the Service.
  2. We do not currently conduct any formal investigations into student’s profiles and backgrounds beyond the level of information that we are provided by the students from interviews. We retain the right to conduct screenings using public information but we shall never be considered liable for failed knowledge of information.
  3. We are not required to review any of the information that is uploaded or goes through our Service. We retain the right to remove, review or edit any Content at any time and for any reason without any notice to you or any party affected.
  4. We shall not be liable, in any event, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for any indirect, incidental, special, exemplary, or consequential damages, including without limitation any loss of profits, sales, business, or revenue, loss or corruption of data, information or software, loss of business opportunity, loss of anticipated savings and loss of goodwill.
  5. In no event will FFF be liable to a student for the greater of FFF’s share of
    • the fee paid by the student or
    • $100, as a result of the student’s use on the Service.
  6. We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

Intellectual Property Rights

All copyright, trademarks, design rights, patents and other intellectual property rights therein (registered and unregistered) relating to the Service are owned by or licensed to FFF, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. FFF reserves all of its rights in and to the Service. Nothing in the Agreement grants you a right or license to use any trademark, design right or copyright owned or controlled by FFF or any other third party except as expressly provided in the Agreement.

Licensing to FFF

You hereby grant to FFF a license to use and reuse all or any part of your Content (“Your Content”) specifically with respect to providing the Service described described in this Agreement. While we try to make sure that the Service is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. We may, at our discretion, remove any information that you uploaded on or through the Service. By submitting any Content to us, you hereby represent and warrant that you own all rights to Your Content or, alternatively, that you have the right to give us the license described above. Finally, you represent and warrant that Your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. You understand that when using the Service you will be exposed to Content from a variety of sources, and that FFF is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of FFF. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FFF with respect thereto, and agree to indemnify and hold FFF harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.

Disclaimer of Warranties

  1. The materials on FFF's Service are provided "as is". FFF makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, FFF does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
  2. FFF parties make no warranty, representation or condition that:
    • the Service is accurate, up-to-date and free of bugs at all times. Also, we cannot guarantee that the Service will meet your requirements;
    • your use of the Service will be uninterrupted, timely, secure or error-free;
    • the results that may be obtained from use of the Service will be accurate or reliable;
    • any errors in the Service will be corrected.
  3. You agree that you are solely responsible for all of your communications and interactions with other users of the Service

Indemnity

  1. You undertake to fully indemnify and hold harmless, us from, against and in respect to any loss, damage, claim, obligation, liability, cost, expense (including, without limitation, attorneys’ and other professional’s fees, costs and expenses, court costs, settlements and disbursement) arising from:
    • your use of and access to the Service;
    • your violation of any term of this Agreement;
    • your violation of any law and regulation;
    • your violation of any third party right, including without limitation any copyright, property, or privacy right;
    • or any claim that any of Your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

Communications Decency Act

We are aware that Content uploaded on our Service is user generated and provided by third parties. Since third parties independently upload their Content to our Service, we are not liable for any defamatory Content posted on our Service if published by a third party. Although we may choose to edit or delete any clearly defamatory Content, we are not required to, and we reserve all defenses for such speech made available to us by Section 230 of the Communications Decency Act, applicable statutes, the common law, and the First Amendment to the Constitution of the United States of America.

DMCA Notices

  1. FFF respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, FFF will respond expeditiously to claims of copyright infringement committed using the Service if such claims are reported to us by contacting us at contact@fullstackfounderfactory.com.
  2. If you believe that Content residing or accessible on or through the Service infringes a copyright, please send a notice of copyright infringement containing the following information:
    • identification of the work or material being infringed;
    • a description of the location on the Service of the material that you claim is infringing;
    • your contact information, including name, address, telephone number, and email address
    • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
    • a statement made under penalty of perjury that the information provided in the notice is accurate and that you are authorized to make the complaint on behalf of the copyright owner
    • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed

Applicable Law

This Agreement shall be governed in all respects, including validity, interpretation and effect, without regard to principles of conflicts of law, by the laws of the State of New York.

Dispute Resolution

  1. All disputes between FFF and you arising out of or in relation to this Agreement (including any disputes related to the validity, interpretation or enforceability of this arbitration clause) shall be settled by arbitration under the rules of the State of New York (the “Arbitration Rules”). The arbitral tribunal will consist of 3 (three) arbitrators, regardless of the number of the Parties involved, appointed in accordance with the Arbitration Rules. The Parties agree that, in case each Party appoints its arbitrator, the chairman of the panel will be appointed by the two party-appointed arbitrators. The award may be always challenged for breach of the substantial provisions applicable to the merit of the dispute.
  2. The seat of the arbitration will be New York and will be conducted in the English language. The arbitral tribunal shall decide on the merits of the dispute with the substantive laws of the State of New York, without regard to conflicts of law rules.

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, it shall not invalidate any of the remaining provisions of this Agreement. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, FFF shall have the sole right to elect which provision remains in force.

Non Waiver and Assignment

FFF's failure to enforce a provision is not a waiver of its right to do so later. You may not assign any of your rights under these Terms, and any such attempt will be void. FFF may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service.

Termination

FFF may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to any breach of the terms or conditions of this Agreement. In particular, FFF may immediately terminate or suspend accounts that have been flagged for repeat copyright infringement.

If you wish to terminate this Agreement, you may do so by notifying FFF at any time and closing your account for the Service. Your notice should be sent in writing. Termination of the Agreement may result in the immediate deletion of any Content that you have submitted to FFF. FFF will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Notice

Where FFF requires that you provide an e-mail address, you are responsible for providing FFF with your most current e-mail address. In the event that the last e-mail address you provided to FFF is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, FFF’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to FFF at the following address: Fullstack Founder Factory, LLC, PO Box#713, New York, NY, 10024. Such notice shall be deemed given when received by FFF by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

Entire Agreement

Without prejudice to the provisions expressly set forth herein, this Agreement is the final, complete and exclusive agreement between the parties with respect to the subject matter hereof and replaces any previous understanding, discussion and/or letter of intent executed by the Parties in relation to such subject matter. Any changes to this agreement must be made in writing and state that it is overriding this agreement, and must be agreed to by both parties.

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