These Terms of Service (“Terms”) govern your access to and use of 1749foundry.com and any related pages, forms, content, and services operated by 1749 Foundry LLC (“1749 Foundry,” “we,” “us,” or “our”). By accessing the website or submitting information through it, you agree to these Terms and our Privacy Policy.
1. Eligibility and authority
You must be at least 18 years old and legally capable of entering a binding agreement to use the website. If you use the website on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.
2. Website purpose
The website provides general information about 1749 Foundry and allows founders, operators, companies, and others to contact us. Website content is provided for informational purposes only. It is not legal, tax, accounting, financial, or investment advice, and you should consult your own advisers before acting on it.
3. No offer or relationship
Nothing on the website is an offer to buy or sell securities, a solicitation of an investment, or a promise to advise, invest, partner, transact, or provide services. Visiting the website or submitting information does not create a client, advisory, fiduciary, partnership, joint-venture, agency, employment, or other business relationship. Any relationship requires a separate written agreement signed by authorized representatives.
4. Submissions and confidentiality
Do not submit trade secrets, privileged material, or information you are not authorized to disclose. Unless we have signed a separate confidentiality agreement, information submitted through the website is not confidential and does not restrict us from evaluating or pursuing similar ideas, opportunities, or businesses independently. You represent that your submission is accurate, lawful, and does not infringe another person’s rights.
5. Calls, texts, email, and TCPA consent
Providing contact information does not, by itself, authorize marketing calls or texts. If you voluntarily provide a telephone number and separately provide an affirmative opt-in through a clear consent disclosure, you authorize 1749 Foundry LLC to contact you at that number for the purposes stated in that disclosure.
Where your opt-in expressly covers marketing, your written consent authorizes 1749 Foundry LLC to deliver or cause to be delivered marketing and informational calls and text messages to the number you provide, including through an automatic telephone dialing system, artificial or prerecorded voice, or other automated technology. Consent applies even if the number appears on a federal or state do-not-call list, to the extent permitted by law.
Your consent is not a condition of purchasing any property, goods, or services, using this website, or entering any relationship with us. Message frequency varies. Message and data rates may apply. You represent that you are the subscriber or customary user of the number provided and will notify us if the number is reassigned.
You may revoke consent at any time through any reasonable method that clearly communicates your request. For texts, reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE. You may also email info@1795foundry.com. We will honor valid revocation requests within the time required by law. We may send one non-marketing message confirming an opt-out. Reply HELP for help.
When a consent disclosure identifies a submit button, checkbox, or similar electronic action as acceptance, taking that action constitutes your electronic signature and written consent for the specifically disclosed communications. We may retain consent records, including the disclosure shown, timestamp, source page, and technical records reasonably needed to document consent. If no separate clear and conspicuous phone-consent disclosure is presented and affirmatively accepted, this Section does not independently create marketing consent.
6. Electronic communications
By contacting us electronically, you consent to receive responsive and administrative communications electronically. You agree that electronic records, notices, disclosures, and signatures satisfy legal requirements for written communications to the extent permitted by law.
7. Intellectual property
The website, branding, logos, designs, copy, graphics, photographs, and other content are owned by or licensed to 1749 Foundry and are protected by intellectual-property laws. We grant you a limited, revocable, nonexclusive, nontransferable license to access and use the website for lawful personal or internal business purposes. No other rights are granted.
8. Prohibited conduct
You may not interfere with the website; attempt unauthorized access; introduce malware; scrape, harvest, or misuse data; impersonate another person; submit unlawful, deceptive, infringing, or harmful content; use the website to compete with, reverse engineer, or exploit our systems; or violate any applicable law or another person’s rights.
9. Third-party links
Links to third-party websites are provided for convenience. We do not control or endorse third-party content, products, security, availability, or privacy practices, and your use of those services is at your own risk.
10. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, OR SECURITY. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 1749 FOUNDRY AND ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM ARISING FROM OR RELATED TO THE WEBSITE. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US, IF ANY, specifically for use of the website during the 12 months before the claim. Some jurisdictions do not allow certain limitations, so these limitations apply only to the extent permitted by law.
12. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless 1749 Foundry and its affiliates, members, managers, officers, employees, contractors, and agents from claims, losses, liabilities, damages, judgments, costs, and reasonable attorneys’ fees arising from your unlawful use of the website, your submission, your violation of these Terms, or your infringement of another person’s rights.
13. Governing law and informal resolution
These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law rules. Before initiating arbitration, the claimant must send a written notice describing the dispute and requested relief to info@1795foundry.com. The parties will attempt in good faith to resolve the dispute informally for 30 days.
14. Binding individual arbitration; class and jury waivers
Except for an eligible individual action in small-claims court or an action seeking temporary or preliminary injunctive relief concerning intellectual property, unauthorized access, or misuse of the website, any dispute arising out of or relating to these Terms, the website, or the parties’ relationship will be resolved by binding arbitration administered by the American Arbitration Association under its applicable Consumer Arbitration Rules or Commercial Arbitration Rules, as appropriate. The Federal Arbitration Act governs this Section.
Arbitration will take place in Somerset County, New Jersey, remotely, or at another mutually agreed location. The arbitrator may award any individual relief available in court but may not consolidate claims or preside over representative or class proceedings.
YOU AND 1749 FOUNDRY WAIVE THE RIGHT TO A JURY TRIAL AND AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
You may opt out of this arbitration provision by emailing info@1795foundry.com within 30 days after first accepting these Terms. Your notice must include your full name, the email address used with the website, and an unequivocal statement that you opt out of arbitration. Opting out does not affect any other provision.
If any part of this Section is unenforceable as to a particular claim or remedy, that part will be severed and the remaining portions enforced. Any claim not subject to arbitration must be brought exclusively in the state or federal courts located in New Jersey, and each party consents to their jurisdiction.
15. Changes; suspension; termination
We may update the website or these Terms, or suspend or discontinue any part of the website, at any time. Updated Terms become effective when posted unless a later date is stated. Your continued use after the effective date constitutes acceptance of the updated Terms.
16. General terms
These Terms and the Privacy Policy are the entire agreement concerning the website. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remainder will remain effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a reorganization, transaction, or operation of our business. Headings are for convenience only.
17. Contact
1749 Foundry LLC
info@1795foundry.com