Welcome to the GetFountain.com website of Fountain International Corporation (hereafter referred to as "Fountain International", "we" or "us").
Fountain International reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions of Use at any time by updating this posting. Please check these terms periodically for changes. Your continued use of the web site following the posting of changes to these terms will mean you accept those changes and that they apply to you. These Terms and Conditions of Use apply to every web site maintained by Fountain International.
This Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, images, button icons, digital downloads, designs, logos, video material, audio clips, and data compilations (collectively, "the Intellectual Property") are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Fountain International or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Fountain International and protected by U.S. and international copyright laws. All software used on this Site is the property of commercial software suppliers, and is protected by U.S. and international copyright laws. You may view, copy, download or print material appearing on this Site for your personal use only and subject to the following conditions:
- You may not copy the content for commercial use or distribution;
- You may not modify the content or repost the content to other sites;
- all copyright, trademark, and other proprietary notices contained in all such copies must be kept intact; and
- the copyright notice and permission notice must appear on each copy.
Any other actions including, but not limited to, the copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any material or element from this Site including, but not limited to, the design or layout of this Site, individual elements of this Site's design, or Fountain International logos without the express written permission of Fountain International or the owner of the Intellectual Property is strictly prohibited. For purposes of these terms, the use of any such material on any other Web site or net-worked computer environment is prohibited. Access to and use of the Site is solely for your personal information, education and communication with Fountain International. No right, title or interest in any of the contents of the Site is transferred to you as a result of any downloading, copying, printing or other use of the Site.
INTERACTIONS WITH OTHER MEMBERS (IF APPLICABLE)
One or more websites operated by Fountain International may allow users to create an account or register for services that may allow such users, among other things, to communicate with one another (such account holders or registered users being referred to herein as "Members"). You are solely responsible for your interactions with other Members. You understand that Fountain International does not in any way screen Members, nor does Fountain International inquire into the backgrounds of Members nor attempt to verify the statements of Members. FOUNTAIN INTERNATIONAL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. IN NO EVENT SHALL FOUNTAIN INTERNATIONAL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS. You agree to take reasonable precautions in all interactions with other Members, particularly if you decide to meet offline or in person. You understand that Fountain International makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you may meet through the Site. You should not provide your financial information (for example, your credit card or bank account information) to other Members.
From time to time, we may post links to other web sites for your convenience, or you may arrive at our Site from a link posted on another web site. You acknowledge that these other sites or locations are not under the control of Fountain International and you agree that Fountain International will not be responsible for any information or additional links found at these other sites. Fountain International has not endorsed, tested or verified any information or programs found at these other sites.
MINORS: LOCAL LAWS
The Site is intended for individuals over the age of eighteen (18). You must be at least 18 years of age to use the Site and to register as a Member (if applicable). If you access the Site from outside of the United States, please keep in mind that it may not conform with the laws of your country.
Upon registration as a Member (if applicable), you will designate a username and password. You are solely responsible for maintaining the confidentiality of your username and password, and you are fully responsible for all activities on the Site that occur under your username and password. You agree to (a) immediately notify Fountain International of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Fountain International will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling any password-saving feature of your browser(s).
Organizations, companies, and/or businesses may not become Members and should not use the Site for any purpose. Illegal and/or unauthorized uses of the Site, including the unauthorized collection of usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Site is with the permission of Fountain International, which may be revoked at any time, for any reason, in Fountain International's sole discretion.
Fountain International welcomes your comments. However, please do not send Fountain International any creative ideas, original materials, or suggestions other than those we have specifically requested. Any communication or material you transmit to Fountain International or post to the Site by electronic mail or otherwise, including any data, questions, answers, comments, suggestions, testimonials or the like will be deemed, and shall remain, the property of Fountain International.
Fountain International requires that you not use the Site to violate anyone's copyright, trademark or other intellectual property rights. By submitting material to Fountain International or the Site, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. You also warrant that all moral rights in any material that you submit to us have been waived. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this Agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights. In addition to any other remedies available to Fountain International, you agree to indemnify, defend, and hold Fountain International and its affiliates, directors, officers, employees, and agents harmless from and against any and all claims, damages, losses or liability by any third party arising out of or associated with any material you submit to Fountain International or the Site.
Further, you agree not to use this Site to:
- Upload, post, email or otherwise transmit any material that is unlawful, false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion) or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of Fountain International, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Fountain International, our affiliates or any other person or entity;
- Upload, post, email or otherwise transmit any material that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any material that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," unsolicited mass mailings, "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation;
- Upload, post, email or otherwise transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt this Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
- "Stalk" or otherwise harass another user of the Site;
- Collect or store personal data or attempt to collect or store personal data about other users of the Site;
- Solicit passwords or personal identifying information for commercial or unlawful purposes from other users; or
- Assist or permit any person to engage in any of the activities described above.
Although Fountain International cannot and does not review any or all material submitted by users to the Site, Fountain International reserves the right to remove any material at any time for any or no reason, in its sole discretion.
The Site provides information regarding nutrition, health and fitness and content published over the internet and is intended only to assist users by providing useful information for them to consider. Fountain International is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in the Site should be construed as such advice or diagnosis. The information and content of the Site should not be interpreted as a substitute for consultation, evaluation, or treatment by a physician or health care professional. You are urged and advised to seek the advice of a physician or health care professional before beginning any diet or exercise program or regimen. The Site is intended for use only by healthy adult individuals. The Site is not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of diet or exercise program or regimen.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
FOUNTAIN INTERNATIONAL MAKES NO REPRESENTATIONS OR WARRANTIES, WHATSOEVER, REGARDING THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. FOUNTAIN INTERNATIONAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, AVAILABILITY, TIMELINESS, SECURITY, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold Fountain International harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments and the associated costs and expenses (including attorney"s fees), which Fountain International may hereafter incur, become responsible for or pay out arising out of your use of the Site or your breach of any provision of these Terms.
GOVERNING LAW AND CHOICE OF FORUM
These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of the Site or these Terms will be filed only in the state or federal courts located in San Francisco County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
You recognize and acknowledge that a breach by you of any of your obligations under the Terms will cause Fountain International irreparable damage, which cannot be readily remedied by monetary damages in an action at law. Accordingly, in the event of any default or breach by you, including any action by you that could cause some loss or dilution of our goodwill, reputation, or rights in the Site, Fountain International shall be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss, or dilution.
In addition to any other remedies available to Fountain International, if you breach any of the Terms, your right to use this Site will terminate automatically. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made in accordance with these Terms or otherwise.
The Terms embody the entire agreement and understanding between Fountain International and you with respect to the subject matter of the Terms and supersedes all prior oral or written agreements and understandings relating to the subject matter of the Terms. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in the Terms shall affect, or be used to interpret, change or restrict, the express terms and provisions of the Terms.
In any action against us arising from the use of the Site or these Terms, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney"s fees.
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. These Terms constitutes the entire agreement between you and us relating to the subject matter herein.
We may assign our rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under these Terms, will not be construed as a waiver or relinquishment to any extent of such party"s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.