James Monroe HomesTerms of Use

Last Updated Date: [08/05/2026]

These Terms of Use (“TOU”) is a contract between you and Via Vitae Development, LLC DBA James Monroe Homes, including its parents, subsidiaries, representatives, affiliates, officers, members, managers, and directors (collectively, “Builder”).  The terms and conditions provided in these TOU apply to your use of the application in both mobile app and web portal formats (the “Application(s)”).  These TOU incorporate by reference the Foundation Terms of Use (terms applicable to your use of the application) and the Privacy Policy (how Builder collects, uses, and discloses your personal information). 

PLEASE READ THESE TOU CAREFULLY BEFORE USING THE SERVICES, AS IT CONTAINS TERMS THAT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION – SEE SECTION 15 BELOW.

1. Agreement with the TOU. By using the Application(s), including any related services (the “Services”), you expressly acknowledge that you have had an opportunity to review these TOU and all other documents incorporated by reference in full and to consult advisors (including your attorney) as you may determine appropriate.  You agree to be bound by the terms of these TOU, as they may be amended from time to time by Builder, and you confirm that you have not relied on any advice, information, representation, assertion, guarantee, warranty provided to you by Builder except those expressly set out in these TOU.
2. Questions. If you have any questions regarding these TOU, the Application(s) or related Services, or have any other questions, please email james@jmhsalesteam.com 
3. Separate Terms of Use Agreement with Foundation Technology, Inc. Your use of the Application(s) is also subject to the Terms of Use and Privacy Policy of Foundation Technology, Inc. (“Foundation Terms”), who is the developer and operator of the Application(s). A copy of the Foundation Terms is provided at the end of these TOU.
4. Modification of these TOU. Builder may modify, amend, supplement or replace these TOU or the documents it incorporates by reference at any time (a “Change”). Builder may notify you of any Change to these TOU by any reasonable means, including via the email address associated with your Application(s) account (“Account”) or through the Application(s) (including any hyperlinks therein). Your continued use of the Services after the implementation of any Change will constitute your acceptance of any such Change to these TOU.
5. Accounts. To register an Account, you are required to complete the sign up process through the Application(s). You agree to take all necessary and appropriate steps to prevent unauthorized access to your Account and to immediately notify Builder by email if you suspect or experience any unauthorized access of your Account. You are solely responsible for your Account, including all associated charges and fees, even if incurred by others with or without your permission or knowledge, to the extent these charges occur before you notify Builder of such unauthorized access. Builder may require that you update your Account password and/or username from time to time.
6. Use of User Data; Privacy Policy. With respect to data and materials that you provide to Builder in connection with your Account (including any personal information) (collectively, “User Data”), you represent and warrant that such User Data is complete and accurate to the best of your knowledge. The collection and use of your User Data will be governed by Builder’s Privacy Policy (which is found [https://www.jamesmonroehomes.com/legal]), which contains detailed information on the types of personal information Builder collects from users, other users and visitors in general, and how Builder intends to use such personal information, including with whom it is shared. It also contains important information about Builder’s use of cookies, Builder’s online advertising practices and your ability to control your privacy preferences. If you live in California or Colorado, you may also have specific consumer rights. Builder’s Privacy Policy provides you with more information with respect to those consumer rights and how to exercise the same. Builder’s Privacy Policy may be updated from time to time, so you should check it periodically.
7. Marketing. Builder may, to the extent permitted by law, use the User Data, and other information collected about you, whether collected through the Application(s) or otherwise, to provide you with offers and other marketing information on Builder’s behalf, or on behalf of Builder’s parent company and its and Builder’s subsidiaries, affiliates and partners, or other third parties. If you would like more information regarding promotional emails or other communications, and how to unsubscribe from receiving them, please see Builder’s Privacy Policy for further information.
8. Builder May Suspend or Terminate Your Account. Builder may immediately suspend or terminate your Account for any reason or no reason, including but not limited to any of the following circumstances: if you do not comply with any of the terms of these TOU, or for any other reason Builder deems appropriate, in Builder’s sole discretion. Even if Builder decides not to suspend or terminate your Account, Builder does not waive Builder’s right to enforce any term of these TOU. Builder reserves the right, at any time, without notice and for any reason, to modify, remove, suspend, or discontinue the Services, and to deny access of any user to all or any part of the Services. You agree that Builder will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof. Any update or other addition to functionality of the Services will be subject to these TOU.
9. What Happens When Your Account is Suspended or Terminated. When your Account is suspended or terminated, you will not be able to use or access the Services. Builder may also deactivate other features or functions of the Application(s) or your Account as Builder considers appropriate. In case of a suspension, Builder may later decide to either reinstate or terminate your Account as Builder considers appropriate. If Builder chooses to reinstate your Account, you may be required to provide Builder with additional information. In the event that your Account is suspended or terminated, please note that certain of your obligations will continue even after your Account is terminated. These include your obligations under the following sections and documents of these TOU: Section 12 (No Warranties), Section 15 (Binding Arbitration), Section 16 (Limitation of Liability), Section 17 (General Matters), and the Privacy Policy.
10. Compliance with Applicable Laws and these TOU. You agree to use your Account and the Services in accordance with all applicable laws. 
11. Access. Builder reserves the right to access your Account at any time for any reason including to provide, maintain, and improve the Services. Builder reserves the right to take further action that Builder deems appropriate depending on the circumstances and the information available to Builder.
12. No Warranties. THE SERVICES ARE PROVIDED “AS-IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, Builder MAKES NO WARRANTIES AND SPECIFICALLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES, AND MAKE NO REPRESENTATIONS, WITH RESPECT TO OR AVAILABILITY, PERFORMANCE, OR RELIABILITY OF THE APPLICATION(S), THE SERVICES, OR THE WEBSITE.
13. Your Indemnification Obligations. Without restricting the other remedies available to Builder, and to the fullest extent permitted by law, you will defend, indemnify, and hold harmless Builder, Builder’s affiliated companies (such as parent companies and subsidiaries), partners, agents, (the “Indemnified Parties”) from all losses, liabilities, damages, injuries, claims, demands, costs, attorneys’ fees, and other expenses incurred by the Indemnified Parties in any manner arising from or in connection with: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of these TOU; (iii) your violation of any third-party right, including, without limitation, any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule, or regulation of the United States or any other country; or (v) any other party’s access and use of the Services with your unique username, password, or other appropriate security code.
14. Negligence or Other Unauthorized Conduct. To the fullest extent permitted by law and notwithstanding any other provision of these TOU, Builder reserves all rights to pursue any and all available legal remedies and sources of recovery in connection with any negligence, unauthorized conduct, or default of these TOU by you.
15. Dispute Resolution by Binding Arbitration. PLEASE READ THIS PROVISION OF THESE TOU CAREFULLY. This section provides that disputes between you and Builder may be exclusively resolved by binding arbitration, as set forth below. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. This Section (Dispute Resolution by Binding Arbitration) is governed by the Federal Arbitration Act (FAA), and will be interpreted in the broadest way the law will allow.
    1. Pre-Dispute Resolution Procedure. Before asserting a claim in any proceeding, you and Builder agree to make a reasonable good faith effort to resolve the claim. In no event will any party commence any proceeding without first providing the other party private written notice of the claim to be asserted 30 days before initiating the proceeding.  If you are intending to assert a claim against Builder, you must send the written notice of the claim to:

2250 Thunderstick Drive, Suite 1206, Lexington, Kentucky 40505 

If Builder intends to assert a claim against you, Builder will send written notice of the claim to you at the address associated with your Account. 

NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS PRE-DISPUTE RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING AS EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF).

1. Covered Claims. You or Builder may arbitrate any claim, dispute or controversy between you and Builder arising out of or related to your current or previous Account, or these TOU (“Claims”). If arbitration is chosen by any party, neither you nor Builder will have the right to litigate that Claim in court or have a jury trial on that Claim. Except as set forth below, all Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, your or Builder’s negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present, or future conduct; and Claims made independently or with other Claims. This also includes Claims made by or against anyone connected with Builder or you or claiming through Builder or you, or by someone making a Claim through Builder or you, such as an agent, representative, third party vendor or an affiliate, parent, or subsidiary of Builder. Notwithstanding the foregoing, Builder will have the right to seek preliminary injunctive relief immediately and without first going through the arbitration process set forth above to protect Builder’s intellectual property or confidential or proprietary information.
2. Arbitration Limits. Individual claims filed in a small claims court are not subject to arbitration, as long as the matter remains in small claims court. If you assert a Claim against Builder, Builder can choose to arbitrate. You may arbitrate on an individual basis Claims brought against you. Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any Claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor Builder may pursue a Claim as part of a class action or other representative action. Claims of two (2) or more persons may not be combined in the same arbitration. 
3. Administration. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures before a single neutral arbitrator. For a copy of JAMS procedures, to file a Claim or for other information, contact JAMS by calling (800) 352-5267 or by visiting www.jamsadr.com. A copy of the current JAMS rules is available from the JAMS website at www.jamsadr.com/rules-comprehensive-arbitration/. Any award by an arbitrator will be binding and final. Judgment on the award may be entered in any court having jurisdiction.
4. Arbitration Fees and Costs. The arbitrator may determine how the costs and expenses of the arbitration will be allocated between the parties, and may award attorneys’ fees.
5. Rejecting the Binding Arbitration Terms. You have the right to reject the Binding Arbitration terms as set forth in this Section (Dispute Resolution by Binding Arbitration). If you reject, your Account will no longer be subject to an arbitration provision. You can reject arbitration by contacting Builder by email, stating that you would like to reject the arbitration provision. To be effective, your e-mail must be sent within thirty (30) days of registration of your Account. Builder will not close your Account due to your rejection of this arbitration provision. You do not have the right to reject any other provisions in these TOU.
6. Limitation of Liability. Builder IS NOT LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, AGGRAVATED, PUNITIVE OR EXEMPLARY DAMAGES DIRECTLY OR INDIRECTLY ARISING FROM OR IN ANY WAY RELATED TO THESE TOU, THE SERVICES (INCLUDING THE AVAILABILITY, OPERATION OR USE OF YOUR ACCOUNT, THE WEBSITE, OR APPLICATION(S)), INCLUDING LOSS OF PROFIT OR REVENUE, FINANCIAL LOSS, LOSS OF BUSINESS OPPORTUNITIES, BREACH OF PRIVACY OR SECURITY, PROPERTY DAMAGE, PERSONAL INJURY OR ANY OTHER FORESEEABLE OR UNFORESEEABLE LOSS, NO MATTER HOW IT WAS CAUSED, EVEN IF Builder WAS NEGLIGENT OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; FOR ANY ERROR OR OMISSION IN THE OPERATION OR MANAGEMENT IN RESPECT OF ANY PART OF THE SERVICES; FOR ANY LOST, STOLEN, DAMAGED, OR EXPIRED IDENTIFIERS, PASSWORDS, CODES, BENEFITS, DISCOUNTS, REBATES, CREDITS OR PROMOTIONS; FOR THE DENIAL, RESTRICTION, SUSPENSION, DISRUPTION OR INACCESSIBILITY OF YOUR ACCOUNT OR YOUR PARTICIPATION IN ANY PART OF THE SERVICES; OR FOR ANY LOSS, DAMAGE, INJURY OR DEATH IN RELATION TO ANY USER OR THIRD PARTY ARISING FROM THE USE OF THE SERVICES, LOSS OR DAMAGE INCURRED BY THE USER. IN NO EVENT will Builder, Builder’S PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES, OFFICERS, MEMBERS, MANAGERS OR DIRECTORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF EITHER (a) ANY AMOUNTS PAID BY YOU TO Builder IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (b) ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Builder AND YOU.
7. General Matters.
   1. No Reverse Engineering. You are strictly prohibited from (i) decompiling or reverse engineering the Services, the Website, and/or the Application(s), or taking any other action to discover the source code or underlying ideas or algorithm of any components thereof, (ii) copying the Services, the Website, and/or the Application(s), (iii) posting, publishing or creating derivative works based on the Services, the Website, and/or the Application(s), (iv) removing any copyright notice, trade or service marks, brand names, and the like from the Services, the Website, and/or the Application(s), related documentation or packaging, or (v) using any robot, spider, scraper, or other automated means to access the Application(s) for any purpose without Builder’s express written permission, or bypassing Builder’s robot exclusion headers that Builder may use to prevent or restrict access to the Application(s) and/or the Website.
   2. Choice of Law; Jurisdiction and Venue. These TOU will be interpreted in accordance with the laws of California without regard to choice of law or conflict of law rules. All disputes hereunder will be resolved solely in the applicable state or federal courts of Kentucky. You agree to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
   3. Assignment of Rights. Builder may, at any time, sell, transfer or assign any or all of Builder’s rights or duties under these TOU. If Builder does so, Builder can share information concerning your Account with prospective transferees or assignees.
   4. No Third-Party Beneficiaries. You acknowledge that these TOU and your Account are for your exclusive benefit and convenience. Neither can be transferred to any other person and no other person may claim rights under these TOU or through your Account. Nothing contained herein will be construed as granting, vesting, creating or conferring any right of action upon any other third party. This provision is not intended to limit or impair the rights that any person may have under applicable Federal statutes.
   5. No Waiver. No waiver under these TOU is effective unless it is in writing, identified as a waiver to these TOU, and signed by the party waiving such right. No delay or omission by Builder to exercise any right, remedy, power, privilege, or condition in enforcing any term or condition of these TOU, or act, omission or course of dealing with you, will impair any such right, remedy, power, privilege, or condition or be construed to be a waiver thereof. Any waiver by Builder of any covenant, condition, or agreement to be performed by you will not be deemed to be a waiver of any future occasion. Unless stated otherwise, all remedies provided for in these TOU will be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
   6. Severability. If any of the terms and conditions in these TOU are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions of these TOU, and will not affect the validity and enforceability of the remaining provisions.
   7. Force Majeure. Builder will not be liable or responsible to you, nor be deemed to have defaulted under or breached these TOU, for any failure or delay in fulfilling or performing any term herein, when and to the extent such failure or delay is caused by or results from the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of these TOU; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) power or internet outage or unavailability; (j) epidemics and other public health crises, and (k) other similar events beyond Builder’s reasonable control. Builder may also deny service for any reason deemed harmful to the welfare of other users, or Builder’s employees or service providers.
   8. Entire Agreement. These TOU (and the documents considered as part of these TOU) constitutes a single, integrated, written contract expressing the entire agreement between you and Builder relative to the subject matter hereof. No covenants, agreements, representations, or warranties of any kind whatsoever have been made by you or by Builder hereto, except as provided for herein.

Foundation Technology, Inc. Terms of Use & Privacy Policy

Last Updated: July 2025

These Terms of Use ("Terms") constitute a binding agreement between you ("User" or "you") and Foundation Technology, Inc., a Delaware corporation ("Foundation," "we," "us," or "our"). These Terms govern your use of Foundation's mobile application software and related services (the "Platform").

1.  Acceptance of Terms. By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform.

2.  Platform License and Restrictions

a. Subject to your compliance with these Terms, Foundation grants you a limited, non-exclusive, non-transferable, revocable license to use the Platform solely for your intended business purposes in connection with real estate development activities.

b. License Restrictions. You may not, and may not permit others to:

i.  Copy, modify, or create derivative works of the Platform or any portion thereof;

ii.  Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, or structure of the Platform, except as expressly permitted by Foundation in writing for legitimate technical support or integration purposes;

iii.  Distribute, sublicense, rent, lease, or otherwise transfer the Platform to any third party;

iv.  Use the Platform for any unlawful purpose or in violation of any applicable laws or regulations;

v.  Interfere with or disrupt the Platform's operation or security features.

3.  Intellectual Property Rights

a. Foundation Ownership. Foundation retains all right, title, and interest in and to the Platform, including all software, technology, algorithms, improvements, enhancements, modifications, and derivative works thereof, whether developed by Foundation independently or based on User feedback or suggestions. All intellectual property rights in the Platform and any improvements thereto remain the exclusive property of Foundation.

b. User Data. You retain ownership of any data, content, or materials you input into the Platform ("User Data"). By using the Platform, you grant Foundation a limited, non-exclusive license to use, process, and store User Data solely to provide the Platform services to you.

c. DMCA Compliance. Foundation respects intellectual property rights and will respond to valid notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). To report alleged copyright infringement, please contact Foundation at [legal@foundation.com] with the following information:

i.  Identification of the copyrighted work claimed to have been infringed;

ii.  Identification of the allegedly infringing material and its location on the Platform;

iii.  Your contact information including address, telephone number, and email;

iv.  A statement of good faith belief that the use is not authorized;

v.  A statement of accuracy and authority to act on behalf of the copyright owner;

vi.  Your physical or electronic signature.

4.  Technical Access Rights. Foundation reserves the right to access the Platform and User accounts at any time for operational purposes, including but not limited to:

a.  Providing, maintaining, and improving the Platform services;

b.  Troubleshooting technical issues and providing user support;

c.  Monitoring system performance and security;

d.  Ensuring compliance with these Terms and applicable laws;

e.  Implementing updates, patches, or enhancements to the Platform.

5.  User Indemnification. You agree to defend, indemnify, and hold harmless Foundation, its affiliates, officers, directors, employees, agents, and representatives from and against all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

a.  Your use of the Platform in violation of these Terms;

b.  Your violation of any applicable laws or third-party rights;

c.  Any User Data you provide that infringes third-party intellectual property rights;

d.  Your negligent or wrongful acts in connection with the Platform;

e.  Any breach of your representations or warranties contained herein.

6.  Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOUNDATION will NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING FROM OR RELATING TO THESE TERMS OR THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT will FOUNDATION'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE PLATFORM EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO FOUNDATION IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).

7.  Force Majeure. Foundation will not be liable for any failure or delay in performance under these Terms that is due to causes beyond Foundation's reasonable control, including but not limited to acts of God, natural disasters, or extreme weather conditions; war, terrorism, civil unrest, or government actions; internet outages, power failures, or telecommunications disruptions; epidemics, pandemics, or other public health emergencies; third-party service provider failures affecting Platform operation; cyberattacks or security breaches beyond Foundation's reasonable control.

8.  Pre-Dispute Resolution for Technical Issues. Before initiating any formal dispute resolution procedure regarding technical issues with the Platform, the parties agree to engage in good faith discussions to resolve the matter.

a.  Notice Requirement: The complaining party must provide written notice of the technical issue to the other party, including a detailed description of the problem and any relevant supporting documentation.

b.  Response Period: The receiving party will have fifteen (15) business days to investigate and respond with a proposed resolution.

c.  Escalation: If the technical issue cannot be resolved within thirty (30) days of initial notice, either party may proceed to formal dispute resolution under Section 9.

9.  Dispute Resolution by Binding Arbitration. PLEASE READ THIS SECTION CAREFULLY. THIS SECTION PROVIDES THAT DISPUTES BETWEEN YOU AND FOUNDATION MAY BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, HAVE A JURY TRIAL, OR INITIATE OR PARTICIPATE IN A CLASS ACTION.

a. Pre-Dispute Resolution Procedure. Before asserting any claim in arbitration, you and Foundation agree to make a reasonable good faith effort to resolve the dispute. No party may commence arbitration without first providing the other party written notice of the claim at least thirty (30) days before initiating the proceeding.

If you intend to assert a claim against Foundation, send written notice to:

Foundation Technology, Inc.
Legal Department
2261 Market Street STE 10540
San Francisco, CA 94114

b. Covered Claims. Any claim, dispute, or controversy between you and Foundation arising out of or related to these Terms or the Platform ("Claims") will be resolved exclusively through binding arbitration. All Claims are subject to arbitration regardless of the legal theory or remedy sought.

c.  Arbitration Limits. Claims may only be arbitrated on an individual basis. Class actions, representative actions, or consolidated arbitrations are prohibited. The arbitrator has no authority to conduct class or representative arbitrations.

d.  Administration. Arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures before a single neutral arbitrator. Information about JAMS is available at www.jamsadr.com.

e.  Arbitration Fees. The arbitrator may determine allocation of costs and expenses between the parties and may award attorneys' fees.

f.  Opt-Out Right. You may reject these arbitration terms by sending written notice to Foundation within thirty (30) days of accepting these Terms. Foundation will not terminate your access to the Platform based solely on your rejection of arbitration.

10. Governing Law and Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any disputes not subject to arbitration will be resolved exclusively in the state or federal courts located in California.

11. General Provisions

1. Entire Agreement. These Terms constitute the entire agreement between you and Foundation regarding the Platform and supersede all prior agreements and understandings.
2. Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
3. Assignment. Foundation may assign these Terms without restriction. You may not assign these Terms without Foundation's prior written consent.
4. Modifications. Foundation may modify these Terms at any time by providing notice through the Platform or other reasonable means. Your continued use of the Platform constitutes acceptance of modified Terms.
5. Contact Information. For questions about these Terms, contact Foundation at [legal@foundation.com].