Effective Date: February 1, 2023
This Usage Policy, along with our Privacy Policy, governs your access to and utilization of the websites (“Foundry Sites” or “Sites”) operated by Foundry Digital LLC (“Foundry”), as well as your use of the services offered through these Sites. Collectively, these terms, conditions, policies, agreements, and disclosures are referred to as the “Agreement”. Please read this Usage Policy carefully.
Your use of any Foundry Site is governed by the version of the Usage Policy in effect on the date of use. Foundry reserves the right to modify this Usage Policy at any time without prior notice. By accessing or using any Foundry Site, you agree to review the most current version of this Usage Policy prior to each use. Continued access to or use of the Foundry Sites constitutes your acknowledgment and acceptance of the then-current Usage Policy. These terms are supplementary to any other agreements between you and Foundry, including any customer agreements or other contracts governing your use of Foundry’s products, services, content, tools, and information available on the Sites.
Foundry may, at its sole discretion and without any obligation or prior notice, modify, enhance, or correct the information, materials, and descriptions on the Foundry Sites. Access to any Foundry Site may be suspended or denied for scheduled or unscheduled maintenance, upgrades, improvements, or corrections. The information on the Sites may contain typographical errors or inaccuracies, and any dated information is published as of that date only. Foundry does not undertake any responsibility to update or amend such information. Foundry may also discontinue or alter any product or service described on the Sites at any time without prior notice and reserves the right to block or terminate your access to any Foundry Site at any time, for any reason. Foundry and its affiliates will not be liable for any such modification, suspension, or discontinuance.
Certain services and pages on the Foundry Sites are accessible only to authorized clients or users. Authorization may require completion of an accredited investor questionnaire and a satisfactory background screening. Unauthorized access or attempts to access Foundry's systems or restricted areas, misuse or sharing of passwords, or any other prohibited actions are strictly forbidden. You may not use the Foundry Sites in any way that could damage, disable, or impair them or interfere with other users' access. Unauthorized activities such as hacking, password mining, or the use of automated data collection tools are prohibited. You agree to notify Foundry immediately if you suspect any unauthorized use of your password or account. Foundry reserves the right to suspend or terminate access to any user suspected of unauthorized or fraudulent activity.
The information, products, and services on the Foundry Sites are provided “as is,” “where is,” and “where available.” Foundry makes no warranties, express or implied, regarding the information and services provided on the Sites, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Foundry will not be responsible for any loss or damage resulting from third-party interception of information or services available through the Sites. Although Foundry sources its information from what it believes to be reliable, it cannot guarantee the accuracy, validity, timeliness, or completeness of such information. Neither Foundry nor its affiliates, officers, directors, or employees, nor any third-party providers will be liable for any loss or damage arising from the use or inability to use the Foundry Sites, or from any other cause related to your access to or use of the Sites, even if Foundry has been advised of the possibility of such damages.
All rights, titles, and interests in the Foundry Sites and their content are the exclusive property of Foundry unless otherwise stated. The Sites are intended for your personal, non-commercial use. You may print, copy, and download limited amounts of information from the Sites for personal use only. Any other use, including but not limited to modification, distribution, transmission, display, reproduction, or publication of content from the Sites, requires prior written approval from Foundry. You are prohibited from using Foundry trademarks or service marks for any purpose, including as metatags on other websites, without written permission from Foundry or the applicable rights holder.
The Foundry Sites may contain links to third-party websites or services. These links are provided solely for your convenience and do not imply any affiliation, endorsement, or monitoring by Foundry. Foundry is not responsible for the content or usage of any third-party website linked to or from the Foundry Sites. Be aware that the terms and conditions and privacy policies of third-party sites may differ from those of Foundry. You should review the terms and policies of any third-party site before using it.
You agree to indemnify and hold Foundry harmless from any claims, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Foundry Sites. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other jurisdictions waive any comparable statute or doctrine.
This Agreement is governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. Any disputes arising under or related to this Agreement shall be resolved through arbitration in New York, New York, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will be conducted in English before a single arbitrator, and any arbitration must be initiated within one year after the cause of action arises. If any part of this Agreement is found to be unenforceable, the remainder will continue in full force and effect. This Agreement represents the entire agreement between you and Foundry regarding your use of the Sites.
If you have any questions or concerns about this Usage Policy, please contact us. We are committed to addressing your concerns and ensuring your experience on the Foundry Sites is positive.