FoolWorks – Terms of Use

Welcome to FoolWorks! By using our Site (“Site” or “Sites”), you’re agreeing to be bound by these Terms and Conditions (“Terms and Conditions” or “Terms”) INCLUDING THE BINDING ARBITRATION AND CLASS ACTION WAIVER DETAILED IN SECTION 5. These Terms govern your use and access to the Website and all our Services.

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 Site means that you accept any new or modified terms and conditions. So please check back here from time to time.

 

1. Registration

Individuals can register on behalf of themselves or a company. If you are registering on behalf of a company, you represent and warrant that you are duly authorized to represent that company, and are accepting these terms, including our Privacy Policy, on behalf of that company.

 

2. Intellectual Property

All of the Content on our Site and is protected by U.S. and international copyright laws and is the property of FoolWorks and/or providers of the content under license. By “Content” we mean any information, mode of expression, or other materials and services found on the Site.

You agree not to display any of FoolWorks’ trademarks or use them in any manner without our express written permission.

 

3. Disclaimer of Warranties and Liabilities

FoolWorks does not warrant the completeness or accuracy of anything on our Site or its usefulness for any particular purpose. And although we have the hardest-working, most talented techies in the business, Foolworks makes no promises that our Site will be delivered to you on an uninterrupted, timely, secure, or error-free basis. In fact, we’re not making any promises or warranties except that we’ll do our best. Other than that, we reserve the right to be wrong, stupid, or even foolish.

Now what does all this mean? It means that you agree that under no circumstances will FoolWorks, its employees, or its agents be liable for direct, indirect, incidental, consequential, punitive or any other type of damages resulting from your use, purchase, or downloading of any material on our Site, or arising from or related to these Terms or the Privacy Policy, even if we have been advised of the possibility of such damages. This includes, but is no way limited to, loss or injury caused in whole or in part by our negligence or by stuff beyond our control in creating or delivering our Site. This disclaimer of liability does not apply in New Jersey.

 

Obligatory Capitalized Disclaimers of Liability:

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NEITHER FOOLWORKS NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN FROM THE USE OF OUR SITE WILL MEET YOUR EXPECTATIONS OR THAT AND ANY ERRORS WILL BE IMMEDIATELY CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE, ANY CONTENT, OR ANY SERVICES, TOOLS, PRODUCTS, OR PROPERTIES NOW OR IN THE FUTURE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS DISCLAIMER OF WARRANTIES DOES NOT APPLY IN NEW JERSEY.

That was tiresome, but important.

 

4. Communication

Federal or state law may require that we notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our websites or sending them to you via email (another reason to please keep your account settings current). If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You may request that we provide such notices to you in paper format by writing to FoolWorks, LLC, 2000 Duke Street, Alexandria, VA 22314.

 

5. Dispute Resolution by Binding Arbitration and Class Action Waiver

If a dispute arises in connection with your use of our Site or in relation to any of these Terms (collectively, “Disputes”) our hope is that we can resolve the matter informally. Accordingly, in the event of a Dispute, we agree to first contact each other via email with a description of the Dispute and any proposed resolution. You will email help@foolworks.wpengine.com with your concern and FoolWorks will contact you via the email address we have on file for you.


If a Dispute cannot be resolved informally, we each agree that except as provided below, the Dispute will be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. We will pay all of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.


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.


EXCEPTIONS

Notwithstanding the foregoing, the following will not be subject to arbitration and may be adjudicated only in the state and federal courts of Virginia: (i) any dispute, controversy, or claim related to or contesting the validity of our proprietary rights, including without limitation, trademarks, service marks, copyrights, patents, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. You may also file an individual action in a small claims court in lieu of 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 FoolWorks, 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.

 

6. 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.  

 

7. 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 (except with respect to choice of law).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.

All personal data is maintained in the United States under the terms of our Privacy Policy, which is also incorporated by reference.

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 between you and FoolWorks and govern your use of our Sites.

Last Updated: September 12, 2017

 

FoolWorks Privacy Statement

FoolWorks (“FoolWorks” or “we” or “us”) is committed to protecting and respecting your privacy. This Privacy Statement sets out our privacy practices and explains what we do with the personal information that we collect from you. Please read the following to understand our practices regarding personal information and how they affect you as you use our features and services. This statement discloses our current privacy practices; if we make material changes to these practices, we will announce them and notify you via email.

 

What Information Does FoolWorks Gather About You?

FoolWorks collects information about our visitors so that we can provide a more interesting and useful service, as well as more appropriate advertising, and to keep them informed about the products and services we offer. We ask for your name, email address, and other personal information when you register. We sometimes conduct surveys as well, although you do not have to respond to them.

We collect IP addresses for site security and to help us understand how people use our sites so that we can improve our sites and our users’ respective experiences. For similar quality reasons, we use a feature known as a “cookie.” Cookies contain bits of information that websites transfer to your computer’s hard drive for record-keeping purposes. Cookies can make the Web more convenient by storing information about your preferences on a site. Although we may assign your browser a cookie, the cookie does not tell us who you are. Only you can tell us that. We discuss cookies later in this Privacy Statement.

Besides cookies, we may also use tiny electronic images (called “single-pixel GIFs” or “Web beacons”), which allow us to count users who have visited specific pages or access certain cookies. We may use single-pixel GIFs in the following ways:

  • To count and recognize users.
  • To conduct research on behalf of some partners on their websites, and for auditing purposes.
  • To determine aggregate information about users, including demographic and usage information.
  • To determine which email messages were opened (and when), as well as acted upon when we send HTML-formatted email messages (messages resembling Web pages that include graphics).
  • To help us and our partners market to you.

Our Web beacons do not collect personally identifiable information.  You can disable our Web beacon by turning images “off” in your email client.  

We have engaged third-party companies to process information about our users on our behalf, to help us improve our sites and find new members. These companies will combine our anonymized data about how you visit our websites with information that they have collected from outside our sites and provide it to us (and only us) so that we can optimize your experience on our site across devices and based on your interests. We will not provide the third-party service providers with your name, address, email address, or telephone number.

If you would like more information about the information we are receiving and your choices with respect to that data, please:

  1. visit the DAA opt-out program, the Evidon opt-out program, and the Google Analytics opt-out program to learn how to opt out of having your information collected in browsers for ad serving purposes;
  2. download the Evidon Ad Control application, available for iOS and Android, to learn how to opt out of having your information collected in mobile apps; and
  3. visit the Network Advertising Initiative’s opt out page.

 

How Does FoolWorks Use Your Personal Information?

FoolWorks collects personal information so we can keep you informed about the latest developments with our products or services.

We conduct research on our users’ demographics, interests, and behavior based upon the information you provide us when you register or participate in contests or other promotions on our site, or based upon information we receive from other sources. This research is usually compiled and analyzed on an aggregated basis, but may also be combined with personal information to help us improve your experience. We may also notify you of products, services, or areas of our site that we think may interest you based on the information we’ve received. If you would prefer us not to contact you for these purposes, simply go to our opt-out page and let us know.

 

Will FoolWorks Disclose Any of Your Personal Information?

FoolWorks will not disclose any personally identifiable information about individual users, except as described in this Privacy Statement. With the few exceptions that we explain here, we do not give, rent, lend, or sell individual information to our advertisers, although we do provide aggregate information. For example, we might tell a partner that there are 120,000 Registered people in Gotham City, but we will not tell them that Batman is one of them, nor will we tell them that his email address is bruce@statelywaynemanor.com. We may also use this aggregated information to help us reach the kind of audience we want. We may develop an ad and tell a partner the type of audience we want to reach (for example, males in the 22314 ZIP code). FoolWorks (or people working on our behalf, under contracts and confidentiality agreements) would then take the ad and display it to users who have told us they meet those criteria. We may also disclose aggregate information (for example, information showing that hundreds of our clients clicked on a particular part of the site last month) in order to describe our services to prospective partners, advertisers, and other third parties, and for other lawful purposes.

As for individually identifiable information, we may disclose it only under the following circumstances:

  • We may disclose information to others when we have your consent.
  • If you sign up for a service that relies upon third parties for important elements, we will provide your personal information to the third parties so that they can provide you with their services, and those companies will treat the data under their own policies. We will tell you about these service providers at the time you sign up for the service.
  • We may disclose your personal information as required by applicable law, or in response to legal process, to protect the rights or property of FoolWorks, or to protect the safety of FoolWorks, our users, or others.
  • We may sometimes conduct mailings to other people’s lists. To make it easier for us to comply with the Federal CAN-SPAM Act of 2003, we may share our email list of people who have requested not to receive promotional communications from us with the list providers (or contractors) solely so that we can avoid sending emails to people who have asked not to receive them (or, conversely, so that our advertisers can avoid sending emails to people who have requested not to hear from them). We provide these lists only to list providers or contractors that we consider to be reputable, and only under strict nondisclosure/nonuse agreements.
  • We may disclose personal information in some other limited circumstances, but we will specifically describe them to you when we collect the information. For example, if we are going to give personal information to a contest’s sponsor, we will disclose it when you sign up for the contest, so that you can decide whether to enter.
  • We may employ contractors or other third parties to help with our operations. We may give them access to databases of user information, so that they can perform their services for us, including performing system maintenance, displaying personalized content (such as portfolios), performing list analysis or management, or sending mailings for us from our advertisers. These parties are all subject to confidentiality agreements that restrict their use and disclosure of information they obtain through their relationship with FoolWorks.
  • If we or our corporate parent The Motley Fool is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

 

What Kind of Security Measures Do We Take to Protect Your Information From Accidental Loss or Disclosure?

FoolWorks is committed to protecting your personal information. We store information you provide us on our secure servers. Further, the information you provide when making a purchase is encrypted with SSL technology.

 

Data Retention

Upon your request, we will remove your personal information from the website but we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our Terms of Use and take other actions otherwise permitted by law.

 

How Do We Respect Children’s Privacy?

Our sites are not directed at children under the age of 13. We operate our sites in compliance with the Children’s Online Privacy Protection Act and will not knowingly collect or use personally identifiable information from anyone under 13.

 

What Else Should You Know About Your Privacy?

While we do our best to protect your personal information, FoolWorks cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. What does all of this mean? Just as in the investing world, you must protect yourself. You are responsible for maintaining the secrecy of any password and/or account information. Please be careful and responsible whenever you are online, especially when using a computer that other people can use also.

 

How Will You Know Whether This Privacy Policy Has Changed?

We may change this Privacy Statement at any time, but we will give notice of any material change (or any notices that we are required to give you) on our websites and/or in email messages prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy.

 

Last Updated: September 12th, 2017

Mailing address:
FoolWorks
2000 Duke Street, Fourth Floor
Alexandria, VA 22314