Additional Information

The Motley Fool Foundation’s Rules

Welcome to The Motley Fool Foundation (“TMFF,” “we,” “us”)! We hope you’ll enjoy being a part of our Foolanthropy. This Terms of Use Agreement (the “Agreement”) is made between you and TMFF and governs your use of the TMFF website, foolfoundation.org (the “Site”). By using the Site, you’re agreeing to be bound by the Terms and Conditions (“Terms and Conditions” or “Terms”) INCLUDING THE BINDING ARBITRATION AND CLASS ACTION WAIVER DETAILED IN SECTION 11 of this Agreement. 

These Terms govern your use and access to the Site. If you do not agree to these Terms, please do not use the Site. We may change these Terms at any time, but we will post a notice on this website of any material changes. Your continued use of the Site means that you accept any new or modified Terms. So please check back here from time to time.

1. Additional and Third-Party Terms of Use

As a convenience to you, this Site may periodically provide links to third party websites through links made available on this Site, including websites of third party entities affiliated with TMFF (“Third Party Sites”). Links included on this Site are not complete lists or recommendations of relevant resources. The decision to include Third Party Sites should not be construed as an endorsement, testimonial, or otherwise of the content or services offered by that Third Party Site. 

WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY SITE, NOR DOES TMFF MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING SUCH CONTENT (INCLUDING WITHOUT LIMITATION THE ACCURACY, COMPLETENESS, OR CURRENTNESS OF SUCH CONTENT). TMFF SHALL HAVE NO LIABILITY WHATSOEVER IN RELATION TO ANY OF THE FOREGOING.

When navigating to Third Party Sites, users should take precautions when reading, disseminating, downloading, or otherwise any files or content to protect their computers and personal information. If you decide to access any linked Third Party Sites, you do so at your own risk and must direct any concerns or other issues to the Third Party Sites’ administrator. 

From time to time TMFF may offer different programming that may have alternative terms and conditions, or partner with other third parties who may have alternative terms and conditions for such programming. In that instance, please check back here for updates on Site or through such third parties.  

1. Intellectual Property; License

 All of the Content on our Site is protected by U.S. and international copyright laws and is the sole property of TMFF and/or providers of the content under license. By “Content” we mean any content, software, tools, information, graphics, videos, and other mode of expression or materials and services found on TMFF. You can find out more information on copyright law and the Internet at www.templetons.com/brad/copymyths.html. 

Subject to the Terms of this Agreement, TMFF grants you a revocable, non-exclusive, non-transferable, limited right to access, use, display, and print the pages within the Site for your personal and informational use only. At any time, and for any reason, we may revoke this license and your right to use all or any portion of the Site. Any other use of TMFF Content is subject to TMFF’s sole discretion and prior written permission. 

You agree not to display any of TMFF’s trademarks or use them in any manner without our express written permission. You can find the list of TMFF and related companies’ trademarks here.

1. Privacy

 TMFF practices policies with respect to the collection and use of personally identifiable information. All personal data is maintained in the United States under the terms of our Privacy Policy, which is also incorporated by reference.

1. Your Consent to Electronic Communications

As a user of this Site, you consent to receiving electronic communications and notices regarding the Site. Such communications include but are not limited to TMFF newsletters, updates to these Terms and the Privacy Policy, as well as other information about our Site. 

Electronic communications may be posted on this Site and/or delivered to your email address on file. All communications in electronic format will be considered to be in “writing” and deemed to have been delivered to your upon posting or dissemination, regardless if you have actually read, received, or retrieved the communication. 

This consent will continue until you notify us in writing that you revoke your consent. However, if you revoke your consent to receive communications electronically, we may terminate your right to use this Site and its services. Please be sure to keep your information current. We will treat an invalid email as a revocation of your consent to receive electronic communications. 

You may request that we provide such notices to you in paper format by writing to Director of The Motley Fool Foundation, The Motley Fool Foundation, 2000 Duke Street, Alexandria, VA 22314.

 

1. Conduct

 

You agree to use and access the Site for lawful purposes only. Accordingly, you agree that you will not use (or allow others to use) your access to the Site to: 

 

• Transfer or otherwise sublicense your right to the Site or use of any services offered; 
• Post or transmit any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
• Post or transmit any material that you don’t have the right to transmit under law (such as copyrights, trade secrets, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
• Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Post or transmit any advertising, promotional materials, or other forms of solicitation, including chain letters and pyramid schemes;
• Violate any applicable law or regulation while accessing and using our sites, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges (especially and including the rule against making false or misleading statements to manipulate the price of any security);
• Post or transmit any file that contains viruses, corrupted files, “Trojan Horses,” or any other contaminating or destructive features that may damage someone’s computer;
• Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
• Use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our sites;
• Take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of our systems or Site; and
• Take any action that damages or disrupts the functioning of our systems or Site.

 

Unauthorized access of this Site is a breach of these Terms and Conditions and a violation of the law. You agree not to access our sites by any means other than through the interfaces we provide for use in our accessing our sites. TMFF may at any time, without prior notice and at our sole discretion, terminate your use of the Site should you violate the Terms contained in this Section 5. 

If you see something that you feel is a violation of the Fool’s Rules, please notify us by emailing DPO@foolfoundation.org.

 

1. Indemnification

 

You will be responsible for any liability to TMFF that arises out of your breach of this Agreement. You agree to indemnify TMFF and its affiliates, agents, officers, directors, employees, contractors, and third-party providers against any and all suits, losses, claims, demands, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) that arise from, or relate to: (i) your use of the Site; (ii) your breach of this Agreement; (iii) your violation of any applicable law, statute, ordinance, regulation, or any third party’s rights; or (iv) claims asserted by third parties which, if proven, would place you in breach of this Agreement or violation of applicable law. 

 

1. Site Availability

 

TMFF’s Site is made available predominantly through the Internet. While we make all reasonable effort to avoid tech-related problems, a portion or the entire Site may at times be unavailable and not function properly. TMFF is not liable for any Site problems and any resulting impact it may have. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, communications, or personalization settings. We make reasonable efforts to ensure that the Site is secure, but we do not guarantee the security of the Site. You understand that you use the Site at your own risk. 

 

1. Termination of this Agreement

 

You may terminate this Agreement and cease using our Site at any time with notice. We reserve the right to terminate this Agreement if you: (i) breach the provisions of this Agreement or any applicable law, statute, ordinance, regulation or third parties’ rights; or (ii) revoke your consent to receiving electronic communications. 

In the event of termination, this Section 8 through Section 13 will survive any termination of this Agreement together with all other obligations, rights, and causes of action that may have accrued prior to termination.

 

1. Disclaimer of Warranties

 

THE SITE, INCLUDING WITHOUT LIMITATION ALL MATERIAL AND SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE.” TMFF DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE GENERAL DISCLAIMER, TMFF DOES NOT WARRANTY THAT THE INFORMATION OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, OR THAT THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED. YOU FURTHER AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER/SYSTEM OR LOSS OR DATA THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH INFORMATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS DISCLAIMER OF WARRANTIES DOES NOT APPLY IN NEW JERSEY.

 

1. Limitation of Liability 

 

IN NO EVENT WILL TMFF AND OUR AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES EVEN IF TMFF HAS BEEN ADVISED OR THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY DOES NOT APPLY IN NEW JERSEY.  

 

1. Dispute Resolution by Binding Arbitration and Class Action Waiver

 

This Agreement contains a pre-dispute arbitration clause. Therefore, all controversies that may arise between us concerning this Agreement and your use of this Site will be determined by arbitration before a panel of independent arbitrators set up by the American Arbitration Association. You understand that judgment upon any arbitration award may be entered in any court of competent jurisdiction. 

You expressly agree to refrain from bringing or joining a putative or certified class action to arbitration, or seeking to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action, or who is a member of a putative class who has not opted out of the class regarding any claims encompassed by the putative class action until: (i) the class certification is denied; (ii) the class is decertified; or (iii) the court excludes the client from the class.

YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.

OPTING OUT

You will have thirty (30) days from the date you submit your personally identifiable information to opt out of this arbitration agreement. To opt out of arbitration, you must contact us at The Motley Fool Foundation, 2000 Duke Street, Alexandria, VA 22314, Attention: Legal Department. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration.

 

1. Your Agreement to These Terms

 

You acknowledge and agree that by agreeing to these Terms electronically you are expressly agreeing to the terms set forth herein. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these Terms and Conditions.

 

1. Everything Else

 

If any provision in these Terms and Conditions is found to be invalid, unenforceable, or nonsensical, the remaining provisions will continue in full force and effect. 

This agreement is and always will be governed by the laws of the United States of America and the Commonwealth of Virginia without regard to choice of law provisions. You agree that the proper forum for any claim arising thereunder will be the U.S. Court for the Eastern District of Virginia or the appropriate Virginia court.

TMFF reserves the right to transfer its rights and obligations under this Agreement in whole or in part at any time without your consent. However, in the instance of any assignment of such, we will notify you. You may not assign this Agreement or delegate any of your obligations hereunder, except through bequeathment or court order. 

Except as otherwise expressly stated in these Terms and Conditions, there are no third-party beneficiaries to this agreement.

These Terms and Conditions, including those that are incorporated by reference, constitute the entire and only agreement and complete understanding between you and TMFF and govern your use of the Site.

Last Updated: December 15, 2020