Web Site: Terms of Use
Updated
February
10,
2012
Objectives/Content:
TheFoundryZone.com / Golden Capital Resources, LLC, (hereinafter the "Site") provides products, services, content, that is provided to users who agree to abide by all the following terms and conditions. Your right to use the Site is governed by these Terms of Use and our Privacy Policy (collectively, "Terms") and you should take the time to review both carefully before you use the Site. By using the Site in any way, you are agreeing to comply with these Terms.
The
Site
reserves
the
right
to
change
the
Terms
at any
time
and
for
any
reason.
Updated
versions
of the
Terms
will
be
posted
to the
Site
at
TheFoundryZone.com
and
you
should
visit
this
page
periodically
to
keep
apprised
of any
changes.
By
continuing
to use
the
Site
after
any
such
change,
you
accept
and
agree
to the
modified
Terms.
The
Site
reserves
the
right
to
modify
or
discontinue,
temporarily
or
permanently,
the
Site,
any
site
features,
benefits
(including
without
limitation
blocking
or
terminating
your
Account
or
usage),
rules
or
conditions,
all
without
notice,
even
though
such
changes
may
affect
the
way
you
use
the
Site.
You
agree
that
the
Site
will
not be
liable
to you
or any
third-party
for
any
modification
or
discontinuance
of the
Site.
User
Conduct:
Without
limitation,
you
agree
to
refrain
from
the
following
actions
while
using
the
Site:
1.
Harassing,
threatening,
embarrassing
or
causing
distress
or
discomfort
upon
another
individual
or
entity
or
impersonating
any
other
person
or
entity
or
otherwise
restricting
or
inhibiting
any
other
person
from
using
or
enjoying
the
Site;
2.
Transmitting
any
information,
data,
text,
files,
links,
software,
chats,
communication
or
other
materials
that
is
unlawful,
false,
misleading,
harmful,
threatening,
abusive,
invasive
of
another's
privacy,
harassing,
defamatory,
vulgar,
obscene,
hateful
or
racially
or
otherwise
objectionable,
including
without
limitation
material
of any
kind
or
nature
that
encourages
conduct
that
could
constitute
a
criminal
offense,
give
rise
to
civil
liability
or
otherwise
violate
any
applicable
local,
state,
provincial,
national,
or
international
law or
regulation,
or
encourage
the
use of
controlled
substances;
3.
Posting
advertising
or
solicitation
in
categories
that
is not
appropriate,
or
posting
the
same
item
or
service
in
more
than
one
category
or
more
than
once
every
7
days,
or
posting
the
same
ad in
multiple
cities
on the
Site;
4. (a)
Posting
adult
content
or
explicit
adult
material
unless:
(i)
such
material
is
specifically
permitted
in
designated
adult
categories
and
permitted
under
applicable
federal,
state,
and
local
law;
and
(ii)
you
are at
least
18
years
of age
or
older
and
not
considered
to be
a
minor
in
your
state
of
residence;
(b)
Posting,
anywhere
on the
Site,
obscene
or
lewd
and
lascivious
graphics
or
photographs
which
depict
genitalia
or
actual
or
simulated
sexual
acts,
as
determined
in the
sole
discretion
of
TheFoundryZone.com;
(c)
Posting
any
solicitation
directly
or in
“coded”
fashion
for
any
illegal
service
exchanging
sexual
favors
for
money
or
other
valuable
consideration;
(d)
Posting
any
material
on the
Site
that
exploits
minors
in any
way;
(e)
Posting
any
material
on the
Site
that
in any
way
constitutes
or
assists
in
human
trafficking.
5.
Posting
any ad
for
products
or
services,
use or
sale
of
which
is
prohibited
by any
law or
regulation;
6.
Sending
mail,
e-mail,
voice
messages
or
faxes
for
solicitation
of any
other
product,
or
service
to a
user
of the
Site
unless
the
user
has
granted
permission
in
their
ad or
otherwise
allowed
contact
for
solicitation;
7.
Deleting
or
revising
any
material
posted
by any
other
user;
8.
Interfering
with
or
infringing
the
patents,
copyrights,
trademarks,
service
marks,
logos,
confidential
information
or
intellectual
property
rights
of
others;
9.
Using
any
automated
device,
spider,
robot,
crawler,
data
mining
tool,
software
or
routine
to
access,
copy,
or
download
any
part
of the
Site
unless
expressly
permitted
by the
Site;
10.
Taking
any
action
creating
a
disproportionately
large
usage
load
on the
Site
unless
expressly
permitted
by the
Site:
11.
Sending
messages
or
engaging
in
disruptive
or
damaging
activities
online,
including
excessive
use of
scripts,
sound
waves,
scrolling,
or use
of
viruses,
bots,
worms,
time
bombs,
Trojan
horses
or any
other
destructive
element;
12.
Gaining
or
attempting
to
gain
unauthorized
access
to
non-public
areas
of the
Site.
In
addition,
if you
have a
password
to a
non-public
area
of the
Site,
you
may
not
disclose
to, or
share
your
password,
with
any
third
parties
and/or
use
your
password
for
unauthorized
purposes;
13.
Attempting
to
decipher,
decompile,
disassemble
or
reverse
engineer
any of
the
software
comprising
or in
any
way
making
up all
or any
part
of the
Site;
modifying
any
meta
data,
copying
or
duplicating
in any
manner
any of
the
content;
framing
of or
linking
to any
of the
Site,
its
content
or
information
available
from
the
Site
without
the
express
written
consent
of
agents
of the
Site;
14.
Discriminating
on the
grounds
of
race,
religion,
national
origin,
gender,
disability,
age,
marital
status,
sexual
orientation,
or
refers
to
such
matters
in any
manner
prohibited
by
law;
15.
Posting
any
employment
ads
violating
the
anti-discrimination
provisions
of the
Immigration
and
Nationality
Act or
messages
which
violate
any
law or
regulation;
16.
Using
the
Site
to
engage
in or
assist
another
individual
or
entity
to
engage
in
fraudulent,
abusive,
manipulative
or
illegal
activity.
17.
Posting
free
ads
promoting
links
to
commercial
services
or web
sites
except
in
areas
of the
Site
where
such
ads
are
expressly
permitted;
18.
Posting
any
material
advertising
weapons
the
use,
carrying,
or
advertising
of
which
is
prohibited
by
applicable
federal,
state,
or
local
law.
You
are
solely
responsible
for
complying
with
any
and
all
laws
and/or
regulations
applicable
to the
transfer
of
firearms
under
both
applicable
local,
state
and
federal
laws.
The
transfer
of
firearms
is
heavily
regulated
and
restricted,
and
failure
to
strictly
comply
with
all
such
laws
is a
serious
crime
and
may
result
in
criminal
prosecution.
All
transfers
of
firearms,
whether
by
sale,
lease
or
loan,
including
private
transactions,
must
go
through
a
licensed
firearms
dealer.
Any
exception
to
these
laws,
such
as air
guns,
knives,
accessories,
certain
antiques,
and
some
gun
parts
that
may
not
require
transfer
by a
licensed
dealer,
should
be
first
confirmed
by you
prior
to
purchase.
It is
your
responsibility
to
comply
with
all
such
laws,
including
any
and
all
city,
county,
state
and
Federal
laws
when
accessing
or
using
this
site.
It is
also
your
responsibility
to
locate
one or
more
licensed
firearm
dealers
in
your
area
and/or
the
area
of any
buyer
or
seller
listing
here
who
are
able
and
willing
to
assist
you
with
any
such
transfer.
We do
not
offer
any
assistance
with
respect
to
locating
a
licensed
dealer
for
your
transaction
or
otherwise
with
respect
to
your
transaction.
By
listing
any
firearm,
you
represent
and
warrant
to us
that
you
legally
own
and
possess
the
item
you
wish
to
list
here
and
have
fully
complied
with
and
will
continue
to
fully
comply
with
all
laws
and
regulations
applicable
to
your
listing,
transfer
and/or
sale.
By
agreeing
to
purchase
any
firearm,
you
represent
and
warrant
to us
that
you
are of
legal
age,
and
are
not
otherwise
prohibited
by law
from
purchasing,
transferring,
owning,
or
possessing
the
firearm
listed,
and
that
you
have
fully
complied
with
and
will
continue
to
fully
comply
with
all
laws
and
regulations
applicable
to
your
transfer
or
purchase;
Please
report
any
violations
of
these
Terms
to:
TFZ@TheFoundryZone.com
You
agree
to
comply
with
all
applicable
laws,
statutes,
regulations,
and
ordinances
concerning
your
use of
the
Site.
Use of
Materials:
Any
ads or
messages
that
you
post,
transmit,
or
otherwise
make
available
for
viewing
on
public
areas
of the
Site
will
be
treated
as
non-confidential
and
non-proprietary
to
you.
You
understand
and
agree
that
any
such
ads
and
messages
may be
used
by the
Site
or our
affiliates,
without
review
or
approval
by
you,
for
any
purpose
whatsoever,
and in
any
medium,
including
our
print
media,
if
any.
You
grant
the
Site
(and
our
affiliates)
the
irrevocable
right
to use
and/or
edit
your
ads
and
messages,
without
review
or
approval
by
you,
for
any
purpose
whatsoever,
including,
without
limitation,
reproduction,
disclosure,
transmission,
publication,
broadcast,
posting,
and
advertising
in any
media
in
perpetuity
without
notice
or
compensation
to
you.
Termination
of
Access:
The
Site
has
the
right
terminate
your
access
for
any
reason
if we
believe
you
have
violated
these
Terms
in any
manner.
You
agree
not to
hold
the
Site
liable
for
such
termination,
and
further
agree
not to
attempt
to use
the
Site
after
termination.
No
Third
Party
Beneficiaries:
You
agree
that,
except
as
otherwise
provided
in
this
Terms
of
Use,
there
shall
be no
third
party
beneficiaries
to
these
Terms.
Copyright
and
Trademarks:
All
materials
on the
Site,
including
without
limitation,
logos,
images,
text,
illustrations,
audio
and
video
files
are
protected
by
copyrights,
trademarks,
service
marks,
or
other
proprietary
rights
which
are
either
owned
by or
licensed
to the
Site
or
owned
by
other
parties
who
have
posted
on the
Site.
Materials
from
the
Site
and
from
any
other
web
site
owned,
operated,
controlled,
or
licensed
by the
Site
may
not be
copied,
reproduced,
republished,
uploaded,
posted,
transmitted,
or
distributed
in any
way.
In
posting
content
on the
Site,
you
grant
the
Site,
and
its
owners
and
licensees,
the
right
to
use,
reproduce,
distribute,
translate,
modify,
adapt,
publicly
perform,
publicly
display,
archive
and
create
derivative
works
from
the
posted
content.
Notification
of
Infringement:
If you
believe
that
your
work
has
been
copied
in a
way
that
constitutes
copyright
infringement,
or
your
intellectual
property
rights
have
been
otherwise
violated,
please
provide
the
following
information
to the
Site’s
Copyright
Agent:
1. An
electronic
or
physical
signature
of the
person
authorized
to act
on
behalf
of the
owner
of the
copyright
or
other
intellectual
property
interest;
2. A
description
of the
copyrighted
work
or
other
intellectual
property
that
you
claim
has
been
infringed;
3. A
description
of
where
the
material
that
you
claim
is
infringing
is
located
on the
Site;
4.
Your
name,
address,
telephone
number
and
e-mail
address;
5. A
signed
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;
and
6. A
statement
by
you,
made
under
penalty
of
perjury,
that
the
information
provided
in
your
Notice
is
accurate
and
that
you
are
the
copyright
or
intellectual
property
owner
or
authorized
to act
on the
copyright
or
intellectual
property
owner’s
behalf.
Our
copyright
agent
can be
reached
as
follows:
Copyright
Agent
TheFoundryZone.com
TFZ@TheFoundryZone.com
The
Site
may,
under
appropriate
circumstances
and at
our
own
discretion,
disable
and/or
terminate
the
accounts
of
users
who
may be
repeat
infringers.
Privacy
Policy:
The
Site
has
created
a
Privacy
Policy
setting
forth
how
information
collected
about
you is
collected,
used
and
stored.
Your
use of
the
Site
constitutes
acknowledgment
and
agreement
with
our
privacy
policy.
You
further
acknowledge
and
agree
that
The
Site
may
use
your
personal
information
in the
manner
described
in our
Privacy
Policy
.
Posting
of
Ads:
You
understand
that
each
time
you
post
an ad
on
this
Site
or
otherwise
use
the
Site,
you
agree
to
these
Terms.
By
agreeing
to
these
Terms,
you
acknowledge
that
the
Site
may
send
you
e-mail
messages
telling
you
about
products
and
services
offered
by the
Site
(or
its
affiliates
and
partners)
You
understand
and
agree
that
such
communications
are
part
and
parcel
of
your
registration
for
and
use of
the
Site;
if you
do not
wish
to
receive
further
communications
from
the
Site
(or
its
affiliates
and
partners),
you
must
cancel
your
registration
by
sending
a
cancellation
notice
to
TFZ@TheFoundryZone.com.
Fees:
The
Site
may
impose
a fee
on the
posting
of
Content
in
certain
areas
of the
Site.
Users
uploading
Content
to
fee-based
areas
are
responsible
for
such
Content
and
for
compliance
with
these
Terms.
Under
no
circumstances
will
the
Site
provide
a
refund
in the
event
that
Content
is
removed
from
fee-based
areas
for
violation
of
these
Terms.
Links:
The
Site
has no
control
over
and is
not
responsible
for
the
content
of or
claims
made
on
websites
that
may be
linked
to or
from
the
Site,
whether
or not
they
may be
affiliated
with
the
Site.
Any
websites
linked
to or
from
the
Site
are
for
your
convenience
only,
and
you
access
them
at
your
own
risk.
Release:
The
Site
assumes
no
responsibility
for
the
accuracy,
currency,
completeness
or
usefulness
of
information,
views,
opinions
or
advice
in any
material
contained
on the
Site.
In
addition,
it
does
not
endorse
any
opinions
or
recommendations
posted
by
others.
Any
information
posted
on the
Site
is the
responsibility
of the
person
or
persons
posting
the
message.
Any
user
who
violates
the
Terms
may be
permanently
banned
from
posting
ads or
using
the
Site.
You
understand
that
all
postings,
ads,
messages,
advertisements,
photos,
sounds,
images,
text,
files,
video
or
other
materials
(collectively
"Content")
posted
on,
transmitted
through,
or
linked
from
the
Site,
are
solely
the
responsibility
of the
person
from
whom
such
Content
originated.
You
understand
that
the
Site
does
not
control,
and is
not
responsible
for
Content
available
on the
Site.
You
agree
that
the
Site
does
not
pre-screen,
monitor
or
approve
any
Content,
but
that
the
Site
shall
have
the
right,
but
not
the
obligation
to
remove,
move
(including
moving
an ad
or
posting
to
another
section
or
category
within
the
classifieds),
refuse,
edit
or
delete
any
Content
for
any
reason
whatsoever.
The
Site
shall
not be
responsible
for
any
interaction
between
you
and
the
other
users
of the
Site.
Your
dealings
with
others
through
the
Site
are
solely
between
you
and
such
other
parties.
Under
no
circumstances
will
the
Site
be
liable
for
any
goods,
services,
resources
or
content
available
through
such
third
party
dealings
or
communications,
or for
any
harm
related
thereto.
The
Site
is
under
no
obligation
to
become
involved
in any
disputes
between
you
and
other
users
of the
Site
or
between
you
and
any
other
third
parties.
You
agree
that
our
service
is a
venue
for
general information, posters
and
users
of the
Site.
In the
event
that
you
have a
dispute
with
any
user
of the
Site,
you
agree
that
the
Site
is
under
no
obligation
to
become
involved.
You
further
agree
to
release
the
Site
from
any
and
all
claims,
demands,
and
damages
arising
out of
or in
connection
with
such
dispute.
You
are
entirely
responsible
and
liable
for
any ad
content
you
post
or any
ad
that
is
posted
through
your
Account.
The
Site
does
not
offer
any
refunds
for
the
early
cancellation
of
paid
sponsor
ads or
paid
print
ads.
We do
not
issue
credits
or
refunds
due to
our
extremely
low
rates
and
minimal
administrative
staff.
You
acknowledge,
consent
and
agree
that
the
Site
may
access,
preserve
and
disclose
your
account
information
and
Content
you
upload,
post,
or
otherwise
make
available
on the
Site
if
required
to do
so by
law or
in a
good
faith
belief
that
such
access,
preservation
or
disclosure
is
reasonably
necessary
to: (i)
comply
with
legal
process;
(ii)
comply
with
legal
requirements
imposed
by
Federal,
State
or
Local
law or
authorities
(iii)
enforce
these
Terms;
(ivii)
respond
to
claims
that
any
Content
violates
the
rights
of
third
parties;
(iv)
respond
to
your
requests
for
customer
service;
or
(vi)
protect
the
rights,
property
or
personal
safety
of the
Site,
its
users
and
the
public.
Product Purchase(s) Agreement:
Buyer agrees to abide by these terms of all product sales transactions on this site as described herein by the seller where the sales terms are "as is, where is basis and there are no returns, exchanges, refunds. with no warranty or guarantees expressed or implied, including but not limited to any warranty of merchantability or fitness for an particular purpose or liability for workmanship or material defects" and these terms override and supersede all other terms agreed to any other parties out side of this sale between the Buyer and the Seller including sales/auction sites or payment services used in conjunction with this sale and waives all other agreements to dispute this sale with any other involved party. Upon agreeing to purchase any item through this web site the Buyer further agrees to provide payment for the price purchased at time of sale and warranty payment to be transferred to seller on a permanent basis without delays, hold backs, chargeback’s and or refund request at any time after the purchase agreement and force payment provider to keep payment in place and in control of the seller. Buyer personally guarantees payment to be made and assumes all legal costs of collection efforts if required to collect on such payment obligation.
The Buyer agrees to indemnify, hold harmless and defend the Seller, Distributor, Wholesaler, Marketer, Maker, Advertiser, The Site, and any of its employees, directors, officers or agents (hereinafter the "Provider") and any of its employees, directors, officers or agents of or associated with Provider, from any and all fault, liabilities, costs, expenses, claims, demands or lawsuits arising out of, related to or connected with: the purchased merchandise; the use of the merchandise purchased. And should any such claim, demand or lawsuit arise or be asserted in any way whatsoever related thereto, whether arising under the laws of the United States or of any State, or under any theory of law or equity, the Buyer will indemnify, hold harmless and defend the Provider, from any and all costs, expenses or liability including, but not limited to, the cost of any settlement or judgment made or rendered against the Provider, whether individually, jointly, or in solido with the Buyer, together with all costs of court and other costs or expenses incurred in connection with any such claim, demand or lawsuit, including attorney's fees. The Buyer furthermore waives for himself/herself and his/her executors, administrators, assignees or heirs, any and all rights and claims for damages, losses, demands and any other actions whatsoever, which he/she may have or which may arise against the Provider, (including, but not limited to any and all injuries, damages or illnesses suffered by the Buyer) which may, in any way whatsoever, arise out of, be related to or be connected with: the purchased merchandise; the use of the merchandise purchased, including any latent defect in the merchandise which The Provider shall not be liable for, and the Buyer, on behalf of himself/herself and his/her executors, administrators, assignees or heirs, hereby expressly releases the Provider from any and all such claims. The Buyer hereby expressly assumes the risk of purchasing the merchandise and use of merchandise.
The Buyer furthermore hereby acknowledges and agrees that he/she has read, understands and will at all times assume all Responsibilities involved with the use and operation any merchandise purchased. This instrument binds the Buyer and his / her executors, administrators, assignees or heirs. This agreement is governed by the laws of the state of Illinois, u.s.a. without regard to any provision that would make the laws of another jurisdiction applicable. Any changes to this agreement in whole or in part will be at the sole option of the seller and deemed as a courtesy and not an obligation setting no precedence over this or any other transactions past, present or future. By clicking the "Buy Now" , "Add to Cart" button, or by any other transactional means of purchase including but not limited to other direct invoice payment, credit card payment, electronic invoice, payment services, etc, the Buyer acknowledge and agrees to the above terms and conditions.
Shipping: Buyer will be notified by email to email address supplied by buyer of Shipping charges due or item now ready for freight collect arrangements for purchases made when item is ready to ship to initiate shipping arrangements. Buyer is responsible for accuracy of buyers email address to be current and reachable as directly supplied or through 3rd parties providers such as PayPal which may act as payment providers on their behalf. US Postal service notifications are not provided as this is an e-commerce site. ALL Required Payments MUST be received and cleared before any purchased item ships and all sales are final which include buyers warranted commitment and obligation of payment fulfillment attached to purchased items shipped with no exceptions. Buyer is responsible for all freight and insurance charges associated with the transportation of their purchase. Seller is NOT responsible for any damage to unit once it leaves the premises to any freight carrier. FOR FREIGHT COLLECT SHIPPING. A BILL OF LADING MUST BE RECEIVED BEFORE ITEM IS SHIPPED STATING CONSIGNEE IS RESPONSIBLE FOR ALL SHIPPING CHARGES. Buyer MUST follow through on required shipping charges due or freight collect shipping pickup arrangements to avoid paid for items being deemed abandoned and forfeited as follows; All shipping payments due or freight collect shipping arrangements not made within the 15 day period of notice will cause purchased products to be considered abandoned and forfeited and returned to our inventory, recycled, dismantled, destroyed, donated, resold, or disposed of in any manner we deem fit with complete loss of any monies paid on the items as non-refundable which however does not invalidate or excuse buyers warranted commitment and obligation of payment fulfillment attached to purchased items not shipped and deemed abandoned forfeited with no exceptions.
Normal production handling times are 10 to 15 Business Days with the exceptions of delays from conditions outside of the sellers control as weather, natural disasters, strikes, war, acts of God, material supplies interruptions, etc,. wherein every attempt will be made to complete order as soon as possible with conditions permitting.
Disclaimer
of
Warranties
for
Site:
YOU
EXPRESSLY
AGREE
THAT
USE OF
THE
SITE
IS AT
YOUR
OWN
RISK.
THE
SITE
SHALL
NOT BE
RESPONSIBLE
FOR
ANY
CONTENT
FOUND
ON THE
SITE.
THE
SITE
EXPRESSLY
DISCLAIMS
ALL
WARRANTIES
OF ANY
KIND,
WHETHER
EXPRESS
OR
IMPLIED,
INCLUDING,
BUT
NOT
LIMITED
TO,
THE
IMPLIED
WARRANTIES
OF
MERCHANTABILITY,
FITNESS
FOR A
PARTICULAR
PURPOSE,
TITLE
AND
NON-INFRINGEMENT.
THE
SITE
MAKES
NO
WARRANTY
THAT
ITS
CONTENT
OR USE
OF THE
SITE
WILL
BE
UNINTERRUPTED,
TIMELY,
SECURE,
WITHOUT
DEFECT
OR
ERROR
FREE.
THE
SITE
IS
PROVIDED
ON AN
"AS
IS"
AND
"AS
AVAILABLE"
BASIS.
YOU
ACKNOWLEDGE
AND
AGREE
THAT
ANY
MATERIAL,
AND/OR
DATA
DOWNLOADED
OR
OTHERWISE
OBTAINED
THROUGH
THE
USE OF
THIS
WEB
SITE
IS
DONE
AT
YOUR
OWN
DISCRETION
AND
RISK
AND
THAT
YOU
WILL
BE
SOLELY
RESPONSIBLE
FOR
ANY
DAMAGES
TO
YOUR
COMPUTER
SYSTEM
OR
LOSS
OF
DATA
THAT
RESULTS
FROM
THE
DOWNLOAD
OF
SUCH
MATERIAL
AND/OR
DATA.
SOME
JURISDICTIONS
DO NOT
ALLOW
THE
EXCLUSION
OF
CERTAIN
WARRANTIES,
SO
SOME
OF THE
ABOVE
EXCLUSIONS
MAY
NOT
APPLY
TO
YOU.
Limitation
of
Liability:
The
information,
services
and
products
available
to you
on
this
Site
may
contain
errors
and
are
subject
to
periods
of
interruption.
While
the
Site
does
its
best
to
maintain
the
information,
services
and
products
it
offers
on the
Site,
it
cannot
be
held
responsible
for
any
errors,
defects,
lost
profits
or
other
consequential
damages
arising
from
the
use of
the
Site.
IN NO
EVENT
SHALL
THE
SITE
OR ITS
AFFILIATES,
OWNERS,
AGENTS,
DIRECTORS,
OFFICERS,
EMPLOYEES,
REPRESENTATIVES,
SPONSORS,
SUPPLIERS,
OR
PARTNERS
(COLLECTIVELY
"INDEMNIFIED
PARTIES")
BE
LIABLE
TO YOU
OR ANY
THIRD
PARTY
FOR
ANY
DIRECT,
INDIRECT,
INCIDENTAL,
CONSEQUENTIAL,
PUNITIVE,
SPECIAL,
EXEMPLARY
DAMAGES,
OR ANY
DAMAGES
WHATSOEVER,
ARISING
FROM
OR IN
ANY
WAY
CONNECTED
OR
RELATING
TO (i)
THE
USE OF
(OR
INABILITY
TO
USE),
OR
PERFORMANCE
OF
THIS
SITE,
(ii)
ANY
INFORMATION,
SERVICES
OR
PRODUCTS
PROVIDED
THROUGH
THIS
SITE,
OR
(iii)
ANY
INTERACTION
BETWEEN
YOU
AND
OTHER
PARTICIPANTS
OF THE
SITE,
EVEN
IF ANY
OF THE
INDEMNIFIED
PARTIES
HAS
BEEN
ADVISED
OF THE
POSSIBILITY
OF
SUCH
DAMAGES.
YOU
ACCEPT
ALL
RESPONSIBILITY
FOR,
AND
HEREBY
AGREE
TO
INDEMNIFY
AND
HOLD
HARMLESS
THE
INDEMNIFIED
PARTIES
FROM
AND
AGAINST,
ANY
ACTIONS
TAKEN
BY YOU
OR BY
ANY
PERSON
AUTHORIZED
TO USE
YOUR
ACCOUNT,
INCLUDING
WITHOUT
LIMITATION,
DISCLOSURE
OF
PASSWORDS
TO
THIRD
PARTIES.
BY
USING
THE
SITE,
YOU
AGREE
TO
DEFEND,
INDEMNIFY
AND
HOLD
HARMLESS
THE
INDEMNIFIED
PARTIES
FROM
ANY
AND
ALL
LIABILITY
REGARDING
YOUR
USE OF
THE
SITE
OR
PARTICIPATION
IN ANY
SITE'S
ACTIVITIES.
IF YOU
ARE
DISSATISFIED
WITH
THE
SITE,
OR ANY
PORTION
THEREOF,
OR DO
NOT
AGREE
WITH
THESE
TERMS,
YOUR
ONLY
RECOURSE
AND
EXCLUSIVE
REMEDY
SHALL
BE TO
STOP
USING
THE
SITE.
If you
are a
California
resident,
you
waive
any
rights
you
may
have
under
California
Civil
Code §
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.”
Indemnity:
You
agree
to
indemnify
and
hold
harmless
the
Indemnified
Parties
from
any
claim
or
demand,
including
reasonable
attorneys'
fees,
made
by any
third
party
due to
or
arising
out of
your
use of
the
Site,
the
violation
of
these
Terms
by
you,
or the
infringement
by
you,
or
other
users
of the
Site
using
your
computer,
of any
intellectual
property
or
other
right
of any
person
or
entity.
The
Site
reserves
the
right,
at its
own
expense,
to
assume
the
exclusive
defense
and
control
of any
matter
otherwise
subject
to
indemnification
by
you.
Jurisdiction
and
Choice
of
Law:
These
Terms
shall
be
governed
by,
construed
and
enforced
in
accordance
with
the
laws
of the
State
of
Illinios
without
regard
to its
choice
of law
provisions.
Any
action
you or
any
third
party
may
bring
to
enforce
these
Terms,
or in
connection
with
any
matters
related
to the
Site,
shall
be
brought
only
in
either
the
state
or
Federal
courts
located
in
Illinois,
and
you
expressly
consent
to the
jurisdiction
of
said
courts.
You
also
agree
that
regardless
of any
statute
or law
to the
contrary,
any
claim
or
cause
of
action
arising
out of
or
related
to use
of the
Site
or the
Terms
must
be
filed
within
one
(1)
year
after
such
claim
or
cause
of
action
arose
or be
forever
barred.
General:
These
Terms
constitute
the
entire
agreement
between
you
and
the
Site
and
govern
your
use of
the
Site,
superseding
any
prior
agreements
between
you
and
the
Site.
You
also
may be
subject
to
additional
terms
and
conditions
that
may
apply
when
you
use
affiliate
services,
third-party
content
or
third-party
software,
or
visit
another
site
linked
to by
this
Site.
The
section
titles
in
these
Terms
are
for
convenience
only
and
have
no
legal
or
contractual
effect.
Violations:
Please
report
any
violations
of
these
Terms
to:
help@TheFoundryZone.com
Severance
and
Waiver:
You
acknowledge
and
agree
that
if any
provision
of
these
Terms
shall
be
unlawful,
void,
or for
any
reason
unenforceable,
then
that
provision
shall
be
deemed
severable
from
these
Terms
and
shall
not
affect
the
validity
and
enforceability
of any
remaining
provisions.
Furthermore,
if any
provision
of
these
Terms
is
found
by a
court
of
competent
jurisdiction
to be
invalid,
the
parties
nevertheless
agree
that
the
court
should
endeavor
to
give
effect
to the
parties'
intentions
as
reflected
in the
provision.
The
Site's
failure
to
exercise
or
enforce
any
right
or
provision
of
these
Terms
shall
not
constitute
a
waiver
of
such
right
or
provision
unless
acknowledged
and
agreed
to by
the
Site.
© Copyright 2012.Golden Capital Resources / The Foundry Zone.