Terms Of Use

Welcome to the www.fundingfounding.com website (“Site”) operated by Nousium, LLC. By visiting and using this Site you will be accepting these Terms of Use ("TOU"). The TOU governs your access to and use of the Site and any of the Services we provide through the Site (together the “Services”). Please read them carefully and if you disagree with the TOU in any way, then do not use this Site or any of the Services. Nousium reserves the right to post changes to the TOU on this Site at any time. If we make any material changes to this TOU, we will post the updated TOU here, along with its effective date, and notify you by email or by means of a notice on our Site. If any TOU changes are not acceptable, you must stop your use of this Site. In these TOU, "Nousium", "Funding Founding" and "we" refer to Nousium, LLC, and "User" or "you" refer to each visitor to this Site.

If you subscribe to any Services offered through this Site, you may also be subject to additional terms and conditions ("Terms of Service" or "TOS") applicable to such Services, which will be brought to your attention at that time.

Sites and Services

We do not guarantee that access to or use of this Site or any Services will be uninterrupted or error free, and Nousium shall not be liable for any feature not being accessible or for any unavailability of its Site and Services. The Site and its features may be expanded, limited or modified at any time by Nousium to meet the needs of its Users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the Site or Services, without notice. To access some of the content or features of the Site or its Services, Users may need to enhance or update the hardware or software in their computer systems. Nousium assumes no responsibility for any failure to access the Site or any Services, partially or fully, whether due to the User's system, the Internet network or any other cause.

Minors

We do not provide information or services to minors, and if you are under 18, and at least 13 years of age, you may only use this Site and/or the Services with the active involvement of a parent, guardian or other supervising adult. You may not use this Site if you are under 13 years of age.

No Individual Investment Advice

This Site does not provide individual or customized legal, tax, accounting, or investment services. Since each individual's situation is unique, a qualified professional should be consulted before making financial decisions.

Message Web Site Content Limitations

We make no guarantees as to the accuracy, thoroughness or quality of the information on this Site or through the Services, which is provided only on an “AS-IS” and “AS AVAILABLE” basis at User’s sole risk. This information may be provide by third parties and Nousium shall not be responsible or liable for any errors, omissions or inaccuracies in the Site content. The information and investment, accounting, or legal strategies provided at this Site are neither comprehensive nor appropriate for every individual. Some of the information is relevant only in the U.S., and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of the information and Services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial, accounting, legal, or business purpose. In addition, the opinions and views expressed in any article on this Site are solely those of the author(s) of the article and do not reflect the opinions of Nousium or its management. The Site content and services may be modified at any time by us, without advance notice or reason, and Nousium shall have no obligation to notify you of any corrections or changes to any Site content.

Third Party Content

Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through this Site by third parties (“Third Party Content”) are solely those of their respective providers and not of Nousium which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is the responsibility of the User to evaluate Third Party Content and Nousium shall not be liable for any damage or loss caused by Users’ reliance on or other use of Third Party Content.

Content Posted by Users

To the extent we enable you to, and you choose to post or share any content or materials, including, without limitation, (“User Content”) you will be: (a) granting Nousium a fully transferable, sub-licensable (with rights to sublicense, including, without limitation, through multiple tiers) to display, perform, reproduce, modify, transfer, distribute and create derivative works from the User Content and to associate your public profile information (if any) with such User Content, in any media formats and through any channels (whether now known or hereafter developed) and waiving any moral rights in favor of Nousium with respect to such use of the User Content; (b) granting Nousium a perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license to allow your materials to be edited and displayed by Nousium on its Site, and accessed by Users, for the purposes and on the terms as set out in these TOU; (c) agreeing to indemnify and hold harmless Nousium and its Users from any claim or demand made by any third party due to or arising out of your User Content; and (d) representing that you own or otherwise have the right to post the User Content, that the User Content is accurate, that use of the User Content on the Site does not violate any laws, and that the materials will not cause injury to any person, including without limitation to the intellectual property, personal or privacy rights of others. Nousium shall have the right to use your name in connection with your posted User Content. Nousium reserves the right to remove or modify any User Content for any reason, including without limitation, if we believe it violates these TOU.

If you choose to post any User Content and interact with other users, if applicable, please be respectful of other users and use common sense when posting comments. Remember that anything you post online may be perpetually available and is not confidential or private. Do not post anything you would not be comfortable sharing or being made public.

Account Creation

General. Some of the Services offered by Nousium require you to create an account. When you create an account, you agree that you have the authority to create that account and that all information you provide will be true, accurate, current, and complete. You are solely responsible for keeping your login information (e.g., user ID and password) accurate, secure, and confidential. You are also responsible for any activity resulting from use of your login information. You agree to immediately inform us if you suspect that your login information has been comprised. We are not liable to you for any losses or damages you incur resulting from unauthorized use of your login information.

Social Sign in. If you login or sign in using social networking functionality, e.g., Facebook, you agree to abide by the applicable social network’s terms and conditions.

Please Note

Nousium does not provide tax, accounting, legal, investment, or financial services. The information available through Funding Founding is provided by third parties and solely for informational purposes on an “as is” basis at user’s sole risk. The information is not meant to be, and should not be construed as advice or used for investment, financial planning, legal, accounting, or tax purposes. Nousium makes no guarantees as to the accurateness, quality, or completeness of the information and Nousium shall not be responsible or liable for any errors, omissions, inaccuracies in the information or for any user’s reliance on the information. User is solely responsible for verifying the information as being appropriate for user’s personal use, including without limitation, seeking the advice of a qualified professional regarding any specific financial, legal, accounting, or tax questions a user may have. While Nousium may edit questions provided by users for grammar, punctuation, profanity, and question title length, Nousium is not involved in the questions and answers between users, does not endorse any particular financial, legal, accounting, or tax professionals that provide answers on Funding Founding, and is not responsible for any claims made by any advisor. Nousium is not endorsed by or affiliated with any state/provincial/territorial bar association or other legal or accounting membership organization or association, tax authorities, or agencies or associations, or the Financial Industry Regulatory Authority (FINRA) in the U.S., the Investment Industry Regulatory Organization of Canada (IIROC) or any other financial regulatory authority, agency, or association.

Links

As a convenience to Users, the Site and Services may provide links to other sites or resources. Because we do not review and have no control over such sites and resources, Nousium shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by Nousium of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Site. The information available on third parties websites may have certain restrictions on its use or distribution which differ from this TOU.

Play money

Please note that the money you receive on Funding Founding to play a game is play-money. It is not real money, it is not a legal tender, it does not have any monetary value. Investing play-money in startups on Funding Founding does not constitute a real investment and does not convey to you any rights of ownership in or related to that startup, or any intellectual property rights owned by that startup.

Abusive or Offensive Language

Abusive or offensive language will not be tolerated in the Service or with the Nousium staff. Any violation of this policy will result in a suspension of playing privileges or such other action as may be required by Nousium to ensure compliance. You are not permitted to use inappropriate or offensive language in connection with your user name which includes, but is not limited to profane, sexist or racist language. Nousium reserves the right to make changes to any Users name that violates this policy and to take any steps it deems appropriate, up to and including closing Your Account. If You create an Account with an offensive user name or change your existing user name to an offensive one you may have Your user name changed and locked.

Indemnification and Limitation of Liability

You agree to indemnify, defend and hold harmless Nousium, its shareholders, licensors, assigns, officers, directors, employees, agents and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or relating to any violation of this Agreement or any other wrongful activity related to use of the site (including but not limited to infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the site using your user name and password. Winners assume all liability for any injury or damages caused or claimed to be caused by his or her participation in a Game and/or the acceptance and/or use of any prize, and release Nousium and its shareholders, licensors, officers, directors, employees, affiliates, agents and assigns and advertising and promotional agencies and their respective officers, directors, and employees (collectively "Released Parties") from any such liability. Released Parties assume(s) no responsibility for any injury or damage to Participant's or to any other person's computer relating to or resulting from this Game. Entry constitutes permission (except where prohibited by law) to use winner's name, city, state, likeness and/or voice for purposes of advertising, promotion and publicity without additional compensation. Any attempt by a Participant or any other individual to deliberately damage any online service or website or undermine the legitimate operation of the Game or the site is a violation of criminal and civil laws and should such an attempt be made, Nousium reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.

Nousium shall bear no liability whatsoever in connection with the design, development or administration of any game or in any other respect in connection with your interaction with the site or participation in any game. Furthermore, Nousium does not guarantee the accuracy or validity of data provided by users on Funding Founding website and apps.

In no event shall the Released Parties’ aggregate liability arising out of or relating to this agreement or your use of (or inability to use) the site or with respect to the content of the site exceed the amounts actually paid by you to Nousium for your last game or your last subscription immediately preceding the event giving rise to such claim, whichever is greater. In no event shall the Released Parties be liable to you for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). The Released Parties shall not be liable for any loss, damage or injury which may be incurred by you, including but not limited to loss, damage or injury arising out of, or in any way connected with the site or its content, including but not limited to the use or inability to use the site, any reliance placed by you on the completeness, accuracy or existence of any information contained therein or advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on or within the site. The foregoing exclusions shall apply even if the released parties have been previously advised of the possibility of such damages.

All information provided on the site is for informational purposes only, and is not intended for actual trading purposes or market advice

Nousium's Proprietary Right to Content

Winners of any phase of Funding Founding Game waive all rights of privacy and publicity and expressly allow Nousium to publicize their names and prizes as it sees fit.

By entering in the Game, you agree that Nousium may disclose your first name, last name, and state these at any time during the course of, or after, the Game, either on the site, or through email notification, at the discretion of Nousium, except where prohibited by law.

You hereby agree that any information transmitted to the site in connection with the Game is not confidential and acknowledge that you have no expectation of privacy with respect to such information, subject to the terms of the site's Privacy Policy. By completing a registration, you hereby agree that any and all information that you supply in the registration process is current, truthful and complete. To the extent that any such information is not current, truthful and complete, you may be disqualified from the Game. Nousium reserves the right to post any and all of your portfolio and Funding Founding winners also agree to make available photographs in a format acceptable to Nousium and pertinent biographical information for such publicity. Any information posted to or on any area of the site, including simulated portfolios, becomes the exclusive property of Nousium for use, reproduction or disclosure at Nousium's sole discretion.

Nousium alone shall own all right, title and interest, including all related intellectual property rights, in and to the site and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the site (collectively “Feedback”). You are not required to provide any Feedback to Nousium. To the extent you do provide any Feedback to Nousium, you agree to assign and hereby do assign to Nousium all right, title and interest in and to such Feedback, and you do hereby waive and renounce any moral rights you may have in the Feedback in favour of Nousium, and agree that Nousium may freely utilize such Feedback without compensation to you. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the site, or any intellectual property rights owned by Nousium.

No Class Action

You are giving up any right you might have to commence or participate in any class or group litigation or proceeding against us.

You understand that, in return for your agreement to this paragraph, Nousium is able to offer the Games at the terms set out herein, and that your assent to this Section is an indispensable consideration to this Agreement.

Content Posted and Activities on the Site

You understand and agree that Nousium may review and edit or delete any content, commentary, opinions, messages, photos or profiles (collectively, "Content") that in the sole judgment of Nousium, violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Nousium Participants. You are solely responsible for the Content you submit and/or publish or display (hereinafter, "post") on the site or any material or information you transmit to other Participants. By posting Content on any public area of Nousium, you automatically grant, as well as represent and warrant, that you have the right to grant to Nousium, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute such information and content to Nousium and that Nousium has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

The following is a partial list of the type of Content and activities that are illegal or prohibited on the site. Nousium reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the site and terminating the registration of each violator. Prohibited Content and activities include, but are not limited to:

Using the site for unlawful, immoral or fraudulent purposes
Content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
Activity that harasses or advocates harassment of another person
Transmitting "junk mail", "chain letters," or unsolicited mass mailing or "spamming".
Engaging in advertising to, or solicitation of, any Participant to buy or sell any products or services through the site.
Promoting information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
Creating restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).
Providing material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users.
Providing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
Modifying, adapting, translating, or reverse engineering any portion of the site
Removing any copyright, trademark or other proprietary rights notices contained in or on the site.
Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the site.
Reformatting or framing any portion of the web pages that are part of the site.
Creating user accounts by automated means or under false or fraudulent pretenses.
Submitting Content that falsely express or imply that such Content are sponsored or endorsed by Nousium.
Submitting Content that infringe misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party.
Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature.
Submitting Content that is unlawful or promote or encourage illegal activity.
While Nousium prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Content or actions and that you use the site at your own risk.

You must use the site in a manner consistent with any and all applicable laws and regulations. You may not engage in advertising to, or solicitation of, any Participant to buy or sell any products or services through the site. Although Nousium cannot monitor the conduct of its Participants off the site, it is also a violation of these rules to use any information obtained from the site to harass, abuse or harm another person or to contact, advertise to, solicit or sell to any Participant without their prior explicit consent. In order to protect our Participants from such advertising or solicitation, Nousium reserves the right to restrict the number of emails which a Participant may send to other Participants in any 24-hour period to a number which Nousium deems appropriate in its sole discretion.

You may not use the site for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.

You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content that you submit, post, and display on the site.

We may, but shall have no obligation to, remove materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or this Agreement.

Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such term or provision shall not affect the Agreement's other terms or provisions, or the whole of this Agreement, but such term or provision shall be deemed modified to the extent deemed necessary to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent of the parties and the Agreement's purposes.

Date: 09/13/2018