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Privacy Policy

Your information privacy is extremely important to us. Fountain Wellness, LLC (“Fountain,” “Company,” “we,” or “us”) operates a website and other messaging platforms that are operated by us directly or through our vendors, on behalf of certain medical practices and providers (the “Platform”). We have prepared this Privacy Policy to explain how we collect, use, protect, and disclose information and data when you use the Platform. This Privacy Policy also explains your choices for managing your information preferences, including opting out of certain uses of your Personal Information (defined below). This Privacy Policy applies to all users of the Platform. The terms “you” and “yours” refer to the person using the Platform.

BY USING THE PLATFORM, YOU ARE CONSENTING TO THIS PRIVACY POLICY. PLEASE READ IT CAREFULLY.

Information We Collect

Personal Information

We collect information that personally identifies you, such as your name, phone number, e-mail, mailing address, date of birth, credit or debit card number for payment purposes, and other personally identifiable information that you choose to provide to us (“Personal Information”). We may also collect your medical information, including but not limited to health assessment responses, blood test results, and consultation and treatment notes. We collect this information directly from you when you create an account or interact with us and through the services we offer.

Usage Data and Platform Activity

We automatically collect information regarding the actions you take on the Platform (“Usage Data”). For example, each time you use the Platform we automatically collect the type of Web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, and the time and duration of your visits to the Platform. We use this information to help us understand how people use the Platform, and to enhance the services we offer.

Cookies and Anonymous Identifiers

We use cookies (a small text file placed on your computer to identify your computer and web browser) and may use anonymous identifiers (a random string of characters that is used for the same purposes as a cookie). We use cookies and other anonymous identifiers to analyze your use of the Platform and improve the Platform. Most web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, certain features of the Platform may not work if you delete or disable cookies.

We use Google Analytics on the Platform to collect Usage Data, to analyze how users use the Platform, and to provide advertisements to you on other websites. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.

How We Use Your Personal Information

We may use your Personal Information to: (i) contact and interact with you, including to respond to your requests (for instance in case you applied for employment); (ii) provide important notices and updates, such as changes to our terms and policies, security alerts and administrative messages; (iii) operate our business, comply with applicable laws, regulations and guidance, including federal, state, and local public health reporting; comply with demands or requests made by regulators, governments, courts and law enforcement authorities; and investigate and take action against illegal or harmful behavior of users; and (iv) improve our day-to-day operations.

How We Share Your Personal Information

We may establish a business relationship with other businesses whom we believe trustworthy and who provide services on our behalf (“Service Providers”). For example, we may contract with Service Providers to provide services, such as hosting and maintenance, data storage and management, analytics, customer service, and marketing and promotions. We only provide our Service Providers with the Personal Information necessary for them to perform these services on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information other than as specified by us.

Other Transfers

We may share Personal Information and Usage Data with businesses controlling, controlled by, or under common control with our Company. If our Company is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Usage Data in connection with such transactions. You will have the opportunity to opt out of any such transfer if, in our discretion, it will result in the handling of your Personal Information in a way that differs materially from this Privacy Policy.

Compliance with Laws and Law Enforcement

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property, or rights of our company or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.

Your California Privacy Rights

Third-party Marketing and Selling. We do not provide your information to third parties for their direct marketing purposes.

Do Not Track. We may collect information about your usage and activity through cookies. Some web browsers or smartphones have the ability to set “Do Not Track” requests to block user activity from being tracked across web pages or devices. Our Platform does not recognize “Do Not Track” browser signals.

Restriction of Your Personal Information

Where you are given the option to share your Personal Information with us, you can always choose not to do so. If you have provided your Personal Information for our use, and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. This could mean that we may not be able to perform the actions necessary to achieve the purposes as set out in the section “How We Use Your Personal Information” above or that you are unable to make use of the services and products offered by us.

Be Careful When You Share Information with Others

Please be aware that whenever you share information on any public area of the Platform, that information may be accessed by others. In addition, please remember that when you share information in any other communications with third parties, that information may be passed along or made public by others. This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications.

Security

We maintain reasonable physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Platform, we cannot and do not guarantee the security of any information you transmit on or through the Platform, and you do so at your own risk.

Links

Our Platform may contain links to other websites or allow others to send you such links. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third-party websites. You access such third-party websites or content at your own risk. You should always read the privacy policy of a third-party website before providing any information to the website.

Children’s Privacy

The Platform is intended for users who are 18 years old or older. We do not knowingly collect Personal Information directly from children under the age of 18. If we become aware that we have inadvertently received Personal Information from a child under the age of 18, we will delete such information from our records. If you believe we may have collected information from a child under 18, please contact us at support@fountainTRT.com.

Retention and Destruction

To the extent permitted by applicable law, we will retain your Personal Information only for as long as we believe it is necessary to fulfill the purposes for which it was collected, including for the purpose of meeting any legal, accounting, or other reporting requirements or obligations. After such time, we will destroy your Personal Information in accordance with state and federal laws.

Privacy Policy Changes

We may change this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will inform you by posting the revised Privacy Policy on the Platform. Those changes will go into effect on the “Revised” date shown in the revised Privacy Policy. By continuing to use the Platform, you are consenting to the revised Privacy Policy.

If you have questions or concerns regarding this Privacy Policy or the handling of your Personal Information, please contact us at: support@fountainTRT.com.

PLEASE PRINT A COPY OF THIS PRIVACY POLICY FOR YOU RECORDS AND PLEASE CHECK THE PLATFORM FREQUENTLY FOR ANY CHANGES.

Terms and Conditions of Use

Fountain Wellness, LLC (“Fountain,” “Company,” “we,” or “us”) operates a website and other messaging platforms that are operated by us directly or through our vendors, on behalf of certain medical practices and providers (the “Platform”). The terms “you” and “yours” refer to the person using the Platform. The Platform is intended to facilitate the provision of the Services to registered users. The “Services” may include (i) providing individuals with information on health care related to the assessment and treatment of individuals’ testosterone levels and related medical conditions; (ii) facilitating individual assessments and blood tests; and (iii) an online communication platform as a means of direct access to health care providers provided by contracted medical practices and providers (the “Providers”) and similar affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers.

You understand that Fountain provides administrative services to the Providers, each of which are independently owned by licensed physicians. Fountain does not own any of the medical practices, employ or in any way supervise or control the Providers providing care. The care provided by a Provider is the sole responsibility of each independent entity and the Providers. Any consents to treatment obtained by Fountain through the Platform are on behalf of the Providers. You agree to the terms of any such informed consents and agree to Fountain facilitating the collection of such informed consents on behalf of the Providers. We offer an online platform for individuals to coordinate access to care. The Platform organizes information you submit on your medical status for use by your Provider and facilitates scheduling of your medical services. Fountain does not provide medical advice or care. Fountain contracts with Providers, who are independently licensed individuals who provide clinical services. Providers are not contracted or employed by Fountain. The Providers, and not Fountain, are responsible for the quality and appropriateness of the care they render to you. The Providers are independent of Fountain and are merely using the Platform as a way to coordinate access for you. Any information or advice received from a Provider comes from them alone, and not from us. Your interactions with the Providers are not intended to take the place of your relationship with any other of your health care practitioners or primary care physician. Neither Fountain, nor any of its subsidiaries or affiliates or any third party who may promote the Platform or Services, shall be liable for any professional advice obtained from a Provider, nor any information obtained on the Platform. You acknowledge that your reliance on any Providers or information delivered by the Providers is solely at your own risk and you assume full responsibility for all risks associated herewith. Fountain does not make any representations or warranties about the training or skill of any Providers who deliver clinical services, nor does Fountain represent that services are available in all states. The content of the Platform and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by us, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.

Before using the Platform and Service, please take some time to review the following basic terms and conditions and the terms of our Privacy Policy (which are incorporated herein by reference), all of the foregoing collectively referred to as the “Terms of Use.” These Terms of Use govern your use of the Platform and the Service provided via the Platform. Collection and use of user information under the Platform is subject to the Privacy Policy. To create an Account and use our Services, you are required to accept these Terms of Use. Fountain reserves the right to change these Terms of Use or to modify any Platform features or the Service at any time. Users are responsible for regularly reviewing these Terms of Use and we encourage you to review them carefully whenever you use the Platform. If you do not agree with any of the Terms of Use, please do not use the Platform.

IMPORTANT INFORMATION ABOUT YOUR USE OF THE SERVICE

Your interactions with the providers via the Platform are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. DO NOT USE THIS SITE FOR EMERGENCY MEDICAL NEEDS. If you experience a medical emergency, call 911 immediately.

Consent to be Bound. You agree to be bound by these Terms of Use and the Privacy Policy that appear on the Platform. If you do not wish to be bound by these Terms of Use, you may not use the Platform. By using the Platform, you represent and warrant that you are at least eighteen (18) years of age or older. Please see the “Limited Use and Availability” Section for more information regarding use of the Service by minors and applicable limitations on such use. The Service is not intended for individuals under the age of eighteen (18) and individuals under the age of eighteen (18) are prohibited from using all or any part of the Service or entering into this Agreement, even if a parent or legal guardian would be willing to provide consent to use of the Service or this Agreement. Please contact us at support@fountainTRT.com if you are a parent or legal guardian of an individual under the age of eighteen (18) who you believe has used the Service without your consent. Some areas of the Platform may have additional terms and conditions ("Additional Terms"). Where Additional Terms apply, we will make them available for you to read through prior to your use of that area of the Platform. By using those areas of the Platform, you agree to the Additional Terms.

Certification of Location. The Service is designed for and intended for users in the United States only. To use the Service, you must be located in one of the jurisdictions in which the Services are available. By agreeing to these Terms of Use, you are certifying that you have and will truthfully represent your location each time you use the Service. Fountain and the Providers operate subject to state and federal regulations, and the Services may not be available in your state or area. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located.

Payments and Recurring Payments. You understand that Fountain does not provide health care services; and except as otherwise explicitly stated herein, Fountain will collect and remit all payment amounts (including any recurring payments) you are charged for the Services rendered by Fountain and the Providers from which you receive care and any pharmacies that work with the Platform to such the Providers and pharmacy. You agree to timely make payments. The clinical laboratory provider which performs your blood test during the course of receiving treatment from a Provider will bill either your managed care plan, other third-party payer, or will bill you directly for the cost of the blood test. You understand by providing your payment information on the Platform, including but not limited to any credit card information or credit card hold information for current or future payments, you authorize Fountain to charge or facilitate the charge of the credit card or other payment method, including for automatic recurring payments, for all items and/or services you receive or are scheduled to receive through the Platform. You understand that the cost of Services, including medications, are final and not refundable. You also understand that you will not be able to receive refunds for treatments and for medications, even if they are unused. You understand that Fountain and the Providers reserve the right to discontinue service if you are delinquent on any payments, for which you are responsible. Fountain may use third-party services for the purpose of facilitating payment and the completion of the purchases for health care services, rendered by the Providers. By submitting your payment information, you grant Fountain the right to provide information to these third parties. You represent and warrant that that (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

User Accounts. When you register on the Platform, you may need to create an account (“Account”) by entering your name, email address, password, and certain other information collected by Fountain. You may not transfer or share your Account password with anyone, or create more than one Account. Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and share personal information with others. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. You are responsible for changing your password promptly if you think it has been compromised. To change your password go into ‘My Account’ within the Platform. You may not use anyone else’s account at any time. In no event should you share your username or password with any third party or allow another person to access the Service using your username and password. Please notify us if you have any reason to believe that your username or password has been lost, compromised, or misused in any way. You are fully and solely responsible for any and all use of the Service using your username and password. We reserve the right to revoke or deactivate your username and password at any time. We reserve the right to take any and all action, as deemed necessary or reasonable, regarding the security of the Platform and your Account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your Account.

Use of the Platform and the Service. You are responsible for your use of the Platform and Service, and for any use of the Platform or Service made using your account. You understand that it is your duty to provide Fountain truthful, accurate, and complete information. We prohibit certain kinds of conduct that may be harmful to users or to us. When you use the Platform or Service, you may not:

  • violate any law or regulation;
  • violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
  • upload or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • send unsolicited or unauthorized advertising or commercial communications, such as spam;
  • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services;
  • transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
  • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
  • attempt to circumvent any technological measure implemented by us or any other third party to protect Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Services;
  • access the Services for use outside of the United States of America; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

Limited Use and Availability. Our Service is currently only available to individuals who are located in states in which we offer the Service, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted these Terms of Use. Services available through FountainTRT.com are not available for individuals who are under eighteen (18) years of age or the applicable age of majority in their jurisdiction of residence. By visiting, accessing, registering with or using the Service, you are (a) representing and warranting to us that you are at least eighteen (18) years of age or older or at least the age of majority in your jurisdiction of residence, if higher than eighteen, (b) representing and warranting to us that when you use the Service, you are located in the same state as the shipping address you provide in your Account, (c) agreeing to comply with all applicable laws in visiting, accessing, registering with or using the Service, and (d) agreeing that you will only use the Service for lawful purposes. Our Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements. Certain products available through the Service are subject to additional age restrictions, and not all products or services on our Platform are available to all users. At any point, your provider may determine that you do not qualify for products or services on our Platform.

Security. Your personal information will be stored in a reasonably secure manner. Fountain has contracted with vendors to implement a variety of commercially reasonable standard encryption and security technologies and procedures to protect your personal information from unauthorized access. Fountain, through its vendors, also maintains standard physical and electronic procedural safeguards that limit access to your personal information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personal information.

Confidentiality and Privacy. You agree that information provided by you in connection with the Services shall be governed by the Privacy Policy, which is hereby incorporated and made a part of these Terms of Use. Personal information that identifies you or contains protected health information will not be disclosed to any third party without your consent, except as authorized by law for the purposes of consultation, treatment, payment/billing, and certain administrative purposes, or as otherwise set forth in our Privacy Policy.

User Content. The Platform and the Service allow you to upload, submit, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content. Fountain has implemented and maintains appropriate measures in accordance with generally accepted industry standards to (i) protect against any anticipated threats or hazards to the security or integrity of User Content; and (ii) protect against unauthorized access to User Content, in accordance with our Privacy Policy. When you upload, submit, store, send, or receive User Content to or through the Platform or Service, you give us permission to reproduce and use your User Content as required or permitted by law. Our license to your User Content is non-exclusive, meaning we may use the User Content for our own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Platform and Service.

Operation and Record Retention. By using the Platform, you understand and agree that Fountain reserves complete and sole discretion with respect to the operation of the Platform or Service, and that Fountain may, among other things withdraw, suspend or discontinue any functionality or feature of the Platform or Service. Subject to applicable law, Fountain reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Service pursuant to their internal record retention and/or destruction policies.

Notice Regarding Your Financial Responsibility for Services. Fountain is not enrolled with or a participating provider with any third party payor, including, but not limited to, any federal or state healthcare program (i.e., Medicare, Medicaid) for the provision of any healthcare services or supplies and, as such, Fountain may not receive payment from such programs for the services or products provided to you by Fountain. By choosing to use the Service, you are specifically choosing to obtain products and services on a cash basis outside of any third party insurance (including, but, not limited to, any federal or state healthcare program);. Fountain does not make any representations or guarantees relating to reimbursement for the Service provided hereunder by any third party payor. Thus, to the extent applicable, you are solely responsible for the costs of any service or product provided to you. By agreeing to use the Service, you acknowledge and agree that (1) you are explicitly choosing to obtain products and services on a cash basis outside of any insurance program and you have sole financial responsibility for all services or products provided to you by or through the Service, and (2) Fountain will provide you, upon request, with a bill that you can choose to submit to an insurance program or third party payor for the costs of the services and products provided to you through the Service.

Communications Consent and Communications Risks of Using the Platform. Communications from applications or websites like the Platform can be sent to the wrong person, lost, or subject to other sending or security errors. All communications sent over an Internet connection, including through use of the Platform, are inherently vulnerable to hacking, theft, unauthorized access and/or disclosure, misdirection, loss of data, corruption of data, delays or interruptions in communication, and reductions in quality due to lack of or reduction in broadband access and reliability. In the event of a technological disruption, an alternative communication pathway may be recommended. Anyone who has access to the Platform or any electronic communications can read, forward, copy, delete, or change the message, view your personal information and know/assume messages are from us. This includes those with permission to access such messages and those without. By using the Platform and related electronic communications, and by providing your contact information, such as your address, email address, or mobile/other phone number(s), you consent and are agreeing to receive information about your health as well as additional informational and marketing communications from us. You also understand and agree such communications can be electronic and can include but are not limited to: information on our services and programs, surveys, and educational information. You agree you have read and accept the described risks. You also acknowledge and accept that if you allow sharing of the Platform or related Platform communications to any third party, they may no longer be protected by our privacy and security policies. You also understand and accept that message/data rates may apply for the messages described in this consent.

Access Rights. We hereby grant to you a limited, non-exclusive, non-transferable right to access the Platform and use the Service solely for your personal non-commercial use and only as permitted under these Terms of Use and the Privacy Policy. We reserve the right, in our sole discretion, to deny or suspend use of the Platform to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Platform to violate any local, state, national, or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Platform; (d) distribute viruses or other harmful computer code through the Platform or (e) otherwise use the Platform in any manner that exceeds the scope of use granted above.

Ownership. The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned or used under license by us and are protected by United States and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform except as generally and ordinarily permitted through the Platform according to these Terms of Use. You must not access or use for any commercial purposes any part of the Platform.

Trademarks. Certain names, logos, and other materials displayed on the Platform may constitute trademarks, trade names, service marks or logos (“Marks”) of Fountain or other entities. You are not authorized to use any such Marks without the express written permission of such entities. Ownership of all such Marks and the goodwill associated therewith remain with the owning entities or their authorized licensees.

Termination. Fountain may suspend or terminate your use of the Platform for any reason at any time. Subject to applicable law, Fountain reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Platform pursuant to its internal record retention and/or content destruction policies. After such termination, Fountain will have no further obligation to provide the Service.

Right to modify. We may, at our sole discretion, change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the Platform following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.

Links. This Platform may contain links to other web sites. Please note that when you click on any of these links, you are entering another web site for which we have no responsibility or control. The inclusion of any link does not imply affiliation, endorsement, or adoption by us of the linked site or any information contained therein. We encourage you to read the terms and conditions, data-gathering practices, and privacy policies of all linked sites as they may materially differ from ours. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on this Platform. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, Trojan horses, and other destructive items.

DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY.

THE SITE, ITS CONTENT, ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITION, FOUNTAIN AND ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS, AND/OR SUPPLIERS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE, OR THE OPERATION OR FUNCTION OF THE SITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. IN ADDITION, CERTAIN INFORMATION MAY BE UPDATED FROM A SOURCE OTHER THAN FOUNTAIN AND ITS AFFILIATES AND FOUNTAIN AND ITS AFFILIATES DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OF SUCH INFORMATION. FOUNTAIN AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY INFORMATION OR CONTENT SUBMITTED OR POSTED ON THE SITE, NOR DOES FOUNTAIN ENDORSE ANY OPINIONS EXPRESSED BY OR AFFILIATED WITH ANY USER WHO HAS SUBMITTED CONTENT ON THE SITE.

FOUNTAIN IS NOT LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, RESULTING FROM ANY USE OF OR RELIANCE ON, THE CONTENT, THE SITE, MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE SITE, THE SERVICE, OR ANY PRODUCTS OR SERVICE PURCHASED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF FOUNTAIN HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF FOUNTAIN’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE, OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE SITE AND THAT FOUNTAIN AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE.

FOUNTAIN AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORM; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE. THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY SUCH INJURY OR HARM IS THE RESULT OF FOUNTAIN’S OWN NEGLIGENCE; OR (h) FAILURE TO FOLLOW INSTRUCTIONS PROVIDED BY FOUNTAIN AND ITS AFFILIATES IN THE DELIVERY AND RECEIPT OF SERVICES.

FOUNTAIN AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, CONTENT, SOFTWARE, OR ANY PRODUCT/SERVICE OFFERED OR PURCHASED THROUGH THE SITE IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOUNTAIN OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE. IN ADDITION, FOUNTAIN AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE, ITS CONTENT, THE SOFTWARE AND THE PRODUCTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FOUNTAIN DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES OFFERED ON THE SITE.

IN THE EVENT OF ANY PROBLEM WITH THIS SITE, THE SERVICE, THE CONTENT OR THE SOFTWARE, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USE OF THE SITE. IN THE EVENT OF ANY PROBLEM WITH ANY PRODUCT PURCHASED THROUGH THIS SITE, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF THAT PRODUCT OR SERVICE IN ACCORDANCE WITH THE MANUFACTURER'S OR SUPPLIER'S WARRANTY OR TO SEEK A REFUND OR REPLACEMENT IN ACCORDANCE WITH OUR REFUND POLICY.

The foregoing disclaimer of implied warranties or liabilities, including the scope and duration of such warranties and the extent of Fountain ’s liabilities, shall apply to the fullest extent permitted by law.

Indemnification. You agree to defend, indemnify, and hold Fountain and its Affiliates harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to: (a) your or anyone using your account’s use of the Platform; (b) any information (including your submissions or any other content) that you or anyone using your account submit, post, or transmit through the Platform; (c) the violation of these Terms of Use by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. Fountain reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Fountain in such defense.

Binding Arbitration. These Terms of Use and your use of the Platform shall be governed by the laws of the State of New York, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in New York, NY under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in New York, NY, for any action related to these Terms of Use. You may not act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. You understand that by selecting “Continue as Guest” or "Sign in/Register" on the Platform home screen, or by checking a box acknowledging these terms, and/or any other forms presented to you on the Platform, you are consenting and agreeing to these Terms of Use and that such action constitutes a legal signature. No waiver by Fountain of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fountain to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

This arbitration agreement does not preclude you or Fountain from seeking action by federal, state, or local government agencies. You and Fountain also have the right to bring qualifying claims in small claims court. In addition, you and Fountain retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Digital Millennium Copyright Act of 1998 (the “DMCA”). We respect the intellectual property rights of others. Please notify us in writing, by email or mail to our designated agent listed below, if you believe that a user of the Platform has infringed your intellectual property rights. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"). Notice should be sent or emailed to: support@fountainTRT.com.

To be effective the notification should include:

  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Platform;
  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
  • a 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;
  • a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  • your physical or electronic signature.

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Platform without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.

Changes to these Terms of Use. From time to time, we may change these Terms of Use. If we change these Terms, we will give you notice by posting the revised Terms of Use on the Platform. Those changes will go into effect on the Revision Date shown in the revised Terms of Use. By continuing to use the Platform or Service, you are agreeing to the revised Terms of Use.

BY CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS OF USE, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THESE TERMS OF USE AND CONSENT TO THE SERVICES PROVIDED. IF YOU DO NOT AGREE TO THESE TERM OF USE, YOU WILL NOT BE PERMITTED TO CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THIS CONSENT ON YOUR BEHALF.

PLEASE CHECK THE SITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS OF USE.