Terms and Conditions
April 1, 2023
1. Overview
Welcome to the Found Onchain Inc. (together with its subsidiaries and affiliates, “Found”) website (the “Site”). Please review the following terms and conditions concerning your use of and access to this Site. By accessing or using this Site, including to create a tokenized bankruptcy claim (“Smart Claim”), create a non-fungible token (“NFT”), interact with our smart contracts, upload any documents, and download any materials from this Site, you agree to follow and be bound by these Terms and Conditions (the “Agreement”). If you do not agree with this Agreement, do not use this Site.
This Site is offered and available to visitors who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Found and are 18 years of age or older. If you are under the age of 18, you must not access or use this Site.
2. General Use Provisions
All materials provided and available on this Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, NFTs, smart contracts, and services (“Materials”), are provided either by Found or by its third-party vendors (“Provider”) and are the copyrighted work of Found and/or its Provider. Except as expressly stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Found or the Provider, as applicable. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on this website for any public or commercial purpose.
You may not “mirror” any Materials contained on this Site without Found’s prior express written permission. You may not access or use this Site or any Materials in any manner that could damage, disable, overburden, or impair any Found server, network(s), or system(s) connected to any Found server, or interfere with any other party’s use and enjoyment of this Site or any products or services provided by Found. Any use of direct or indirect automated searches or data queries with respect to this Site or the Materials is strictly prohibited without Found’s prior written consent. You may not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any Found server or network or to use this Site or any of the Materials, through hacking, password mining, phishing, or any other means. You may not obtain or attempt to obtain any Materials or information through any means not intentionally and publicly made available through this Site.
Except where expressly provided otherwise by Found, nothing on this Site shall be construed to confer any license under any of Found’s or any Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. Materials provided by any Provider have not been independently reviewed, tested, certified, or authenticated in whole or in part by Found.
Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
3. Submissions
Except where expressly provided otherwise by Found, all comments, feedback, information, or materials submitted to Found through or in association with this Site, social media, or Discord (“Submissions”) shall be considered non-confidential and Found’s property. By providing such submissions to Found, you assign to Found, effective immediately upon such submission, at no charge, all worldwide rights, title, and interest in copyrights and other intellectual property rights to the Submissions and represent and warrant that you have all necessary ownership rights, consents, and authority to assign all such rights, title, and interest to Found. Found shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge you are responsible for the Submissions that you provide, and that you, not Found, have full responsibility for the Submissions, including their legality, accuracy, reliability, appropriateness, originality, and copyright.
4. Functioning of the Site
No representation or warranty is given that any functions contained in the Site will be uninterrupted, error-free, virus-free, free from harmful components, or that any defects will be corrected. No transmission over the internet can be guaranteed to be secure. Access to and use of password protected, smart contract gated, and/or secure areas of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
5. Disclaimer
THE INFORMATION CONTAINED ON THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS LEGAL, FINANCIAL, OR OTHER PROFESSIOINAL ADVICE OR, UNLESS EXPRESSLY STATED, AS ANY PARTY IN INTEREST’S OR FOUND’S OFFICIAL POSITION ON ANY SUBJECT MATTER. USERS OF THIS WEBSITE SHOULD NOT TAKE OR REFRAIN FROM TAKING ANY ACTION BASED UPON CONTENT PROVIDED THROUGH THE SITE WITHOUT SEEKING LEGAL COUNSEL ON THE PARTICULAR FACTS AND CIRCUMSTANCES AT ISSUE FROM A LICENSED ATTORNEY.
ALTHOUGH FOUND SEEKS TO PROVIDE ACCURATE AND UPDATED INFORMATION ON THIS SITE, WE CANNOT ASSURE THAT SUCH IS THE CASE. THE INFORMATION AND CONTENT OF THIS SITE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMTED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE SPECIFICALLY DISCLAIMED. WE MAKE NO REPRESENTAITONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENTS OF THIS SITE. WE ALSO DO NOT UNDERTAKE ANY OBLIGATION TO UPDATE, MODIFY, REVISE OR REORGANIZE THE INFORMATION PROVIDED ON THIS SITE, OR TO NOTIFY YOU OR ANY THRID PARTY SHOULD ANY SUCH INFORMATION BE UPDATED, MODIFIED, REVISED, OR REORGANIZED, EXCEPT AS OTHERWISE REQUIRED BY LAW.
FOUND IS NOT IN THE BUSINESS OF PROVIDING PROFESSIONAL OR LEGAL ADVICE AND INFORMATION CONTAINED ON THIS SITE OR ELSEWHERE, INCLUDING SOCIAL MEDIA, SHOULD NOT BE RELIED ON AS A SUBSTITUTE FOR FINANCIAL, LEGAL, OR OTHER PROFESSIONAL ADVICE. ANY RELIANCE ON THE INFORMATION CONTAINED ON THIS SITE IS SOLTELY AT YOUR RISK.
ELECTRONIC MAIL OR OTHER COMMUNICATONS THROUGH THIS SITE, OR OTHERWISE, TO FOUND, IN CONNECTION WITH THESE, OR OTHER, MATTERS WILL NOT BE TREATED AS PRIVILEGED OR CONFIDENTIAL
6. Limitation of Liability
FOUND AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AND REPRESENTATIVES (COLLECTIVELY THE “FOUND PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR ACCESS OR USE OF THIS SITE, FOUND MATERIALS, FOUND PRODUCTS, OR ACCESSING, USING, MODIFYING, CONTIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS.
THE FOUND PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF, OR CAUSE IN WHOLE OR IN PARTY BY, THE ACTS, ERRORS, OR OMISSIONS OF THE FOUND PARTIES, WHETHER NEGLIGENT OR OTHERWISE, IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING, OR DELIVERING THE INFORMATION CONTAINED ON THIS SITE.
THE FOUND PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF, OR CAUSE IN WHOLE OR IN PARTY BY, THE ACTS, ERRORS, OR OMISSIONS OF THE FOUND PARTIES, WHETHER NEGLIGENT OR OTHERWISE, IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING, OR DELIVERING THE INFORMATION CONTAINED ON THIS SITE.
IN NO EVENT SHALL THE FOUND PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY PARTY’S BREACH, ANY CLAIM TRADE AGREEMENT, OR THE DISALLOANCE OF A POTENTIAL CLAIM, WHETHER FORESEEABLE OR NOT AND HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTIONWITH THE ACCESS TO, USE OF, PERFORMANCE OF, OR INFORMATION AVAILABLE ON THIS SITE, EVEN IF ANY FOUND PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR INFORMATION STORED ON OR OFF BLOCKCHAIN IN CONNECTION WITH THIS SITE AND YOU WILL NOT MAKE A CLAIM AGAINST ANY FOUND PARTY FOR LOST, STOLEN, OR CORRUPTED DATA OR INFORMATION, LOSS OF GOODWILL, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THIS SITE OR PRODUCTS.
YOU AGREE TO HOLD THE FOUND PARTIES HARMLESS FROM, AND YOU COVENANT NOT TO SUE ANY FOUND PARTY FOR ANY CLAIMS ARISING OUT OF OR RETATED TO YOUR ACCESS AND USE OF THIS SITE AND/OR PRODUCTS IN ANY MANNER.
FOUND MAKES NO CLAIM TO ORIGINAL U.S. GOVERNMENT WORKS. NONE OF THE FOUND PARTIES SHALL HAVE OR INCUR ANY LIABILITY TO ANY ENTITY, (ALL REFERENCES TO “ENTITY” HEREIN SHALL BE AS DEFINED IN SECTION 101(15) OF THE UNITED STATES BANKRUPTCY CODE, “ENTITY”), FOR ANY ACT TAKEN OR OMITTED TO BE TAKEN IN CONNECTION WITH THE PREPARATION, DISSEMINATION, OR IMPLEMENTATION OF THIS SITE; PROVIDED HOWEVER, THAT THE FOREGOING SHALL NOT AFFECT THE LIABILITY OF ANY FOUND PARTY PROTECTED PURSUANT TO THIS AGREEMENT THAT OTEHRWISE WOULD RESULT FROM ANY SUCH ACT OR OMISSION TO THE EXTENT THAT SUCH ACT OR OMISSION, IS DETERMINED IN A FINAL, NON-APPEALABLE ORDER TO HAVE CONSTITUTED A BREACH OF FIDUCIARY DUTY, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, INCLUDING, WITHOUT LIMITATION, FRAUD AND CRIMINAL MISCONDUCT, OR THE BREACH OF ANY CONFIDENTIALITY AGREEMENT OR ORDER. WITHOUT LIMITING THE FOREGOING, THE EXCULPATION PROVIDED IN THIS PARAGRAPH SHALL BE COEXTENSIVE WITH ANY FOUND PARTY’S QUALIFIED IMMUNITY UNDER APPLICABLE LAW.
7. Links to Third Party Websites
The Site may contain hyperlinks to other websites. The use of any such other websites may be subject to a privacy statement, terms of use, disclaimer, or similar legal condition which may significantly differ from those set forth in this Agreement, Found’s Privacy Notice, or elsewhere on this Site. Found strongly encourages you to review the privacy statements of any website you visit via the Site before supplying personal identifiable information or personal data through that website and to familiarize yourself with the terms, conditions, and policies implicated by the use of those websites. The Found Parties, the debtor(s), and any official committee do not endorse or warrant, and are not responsible for, any third-party privacy practices or the content of any such other sites that may be accessed from this Site.
8. Intellectual Property Notices
Elements of the Site and Materials are protected by copyright, trade dress, intellectual property, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from the Site or any Materials may be copied or retransmitted unless expressly permitted by Found. Any permissible use of Found’s Materials, logos, graphics, sounds, or images must include the copyright notice identified below without any modification.
Found, the Found logo, any other protected market or logo on this Site or Materials, and/or other Found products referenced herein are trademarks and service marks of Found Onchain Inc. and its affiliates and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademark of their respective owners.
9. Governing Law
This Agreement shall be construed in accordance with the laws of the State of Texas without regard to its principles of conflicts of law.
10. Arbitration
Found may elect to resolve any controversy or claim arising out of or relating to this Agreement or our Site by binding arbitration in the accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Texas, Harris County, and judgement on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief for a court of competent jurisdiction necessary to protect the rights or the property of you or us (or those of our affiliates and our users), pending the completion of arbitration.
11. Miscellaneous
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
This Agreement constitutes the entire agreement between you and us concerning your use of this Site, superseding any prior agreements that you may have with us.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that must closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
Contact Information
Questions or comments about this Site may be directed to us at support@found.xyz.