ACCEPTANCE OF TERMS OF SERVICE 

Please read through these Terms of Service carefully. By becoming a Second Time Founders Fellowship Participant and/or accessing or using Second Time Founders’ website including but not limited to: www.secondtimefounders.com (“Website”), or by otherwise accessing any content (“Content”) or services (“Services“) provided by Second Time Founders (i.e. attending 2TF Fellowship sessions), you are deemed to (i) have entered into an agreement with Second Time Founders, Inc. (“2TF” or the “Company“); (ii) have represented that you are an adult in your country of residence and are at least 18 years old; (iii) have represented that you have the legal authority to accept these Terms of Service; and (iv) have agreed to be bound by the terms set out below. If you do not agree with the Terms of Service, you are not authorized to, and may not, use or access our Website, Content, or Services. 

Our Website is owned and operated by 2TF. 2TF reserves the right to modify the Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Terms of Service periodically and to be aware of any modifications. Your continued use of our Website, Content, and/or Services, after such modifications, will constitute your acknowledgment of the modified Terms of Service, and your agreement to abide and be bound by the modified Terms of Service. Your sole remedy for dissatisfaction with our Website, Content, or Services, or other products or information, is to discontinue using our Website, Content, or Services. 

INTELLECTUAL PROPERTY PROTECTION 

Copyright. The contents and design of our Website and any material electronically provided to you or otherwise supplied to you in conjunction with your 2TF Fellowship participation and/or the Website (such contents, design and materials being collectively referred to as the “Content“), are protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries, as well as other intellectual and proprietary laws, and are owned by 2TF, the applicable expert resource speakers, the applicable authors of the content and/or the other contributors to 2TF, including contributors to our Website. The software which operates our Website is proprietary software and you may not use it except as expressly allowed under these Terms of Service. You may not copy, reverse engineer, modify or otherwise create derivative works from the software. 

Trademarks. You may not use or reproduce or allow anyone to use or reproduce any trademarks (including, without limitation, the 2TF name and logo, or other trade names found on our Website, Content, or Services for any reason without written permission from 2TF or the identified owner. 

Reporting Violations. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2) (the “DMCA“), 2TF’s designated agent for notice of alleged copyright infringement in connection with our Website is: Second Time Founders, Inc., 1081 Mississippi Street, San Francisco, CA 94107, Attention: General Counsel. To file a notice of infringement with 2TF, the requirements specified in Title II of the DMCA must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website, located at https://www.copyright.gov. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send 2TF a counter- notice. Please consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. 

CONDUCT AND USE OF CONTENT 

Limited License to User. Subject to the Terms of Service and to the payment of any applicable fees specified by 2TF, 2TF grants you a limited, revocable, personal, non-transferable, non-sublicensable, nonexclusive license to use our Content. You may retrieve and display our Content on a computer screen, print our Content on paper, distribute copies of our Content within your company or to other active members of the 2TF community and store our Content in electronic form on your computer for your personal use. As a condition of your use of any of our Website, Content or Services, you warrant to 2TF that you will not use our Website, Content or Services for any purpose that is unlawful or prohibited by the Terms of Service. Except as expressly set out above, you may not: (a) reproduce, modify, distribute or in any way commercially exploit any of our Content, (b) reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network, or regularly or systematically store in electronic or print form, all or any part of our Content, (c) modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of our Content (including use as part of any library, archive or similar service) without the prior written consent of 2TF, (d) remove the copyright or trade mark notice from any versions or reproductions of our Content made under these Terms of Service, (e) collect account information for the benefit of another party, (f) use any meta tags or any other “hidden text” utilizing any 2TF trademarks or Content without the express written consent of 2TF, (g) use 2TF’s name in any way in any domain name or URL, or (h) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our networks or infrastructure. Any other use of our Content or our Website not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to Second Time Founders, Inc., 1081 Mississippi Street, San Francisco, CA 94107, Attention: General Counsel. 

Recorded Content. 2TF may record the audiovisual Content of our Services such as 2TF Fellowship sessions, 2TF events, and 2TF group meetings for internal purposes or use within the 2TF community, or may receive such Content or Services from our Facilitators, Coaches, and Participants for sharing within the 2TF community. However, 2TF will not share recordings of you or information attributable to you with any third parties outside the 2TF community without your express written consent. You agree that 2TF may use, distribute, publish, create derivative works from, or commercialize aggregated, non-personally identifiable information derived from the recorded Content or Services in order to develop statistical or educational materials for the benefit of 2TF’s customers and vendors. Please see our Privacy Policy for more information on information collection and disclosure. 

TERM AND TERMINATION 

2TF may, in its discretion, terminate or suspend your access to all or part of our Website including any right to access and use our Content or Services. 2TF reserves the right to refuse to offer access to our Website to anyone at any time without notice and to refuse to offer access to our Content or Services upon providing written notice. 

The rights of termination are in addition to all other rights or remedies of 2TF provided in these Terms of Service or by law. 

If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law or in accordance with our Refund Policy which is available at https://www.secondtimefounders.com/refund-policy. 

CHANGES TO OUR WEBSITE, CONTENT OR SERVICES 

2TF reserves the right, in its discretion, to suspend, change, modify, add or remove portions of our Website, Content, or Services at any time. 2TF reserves the right to add to or change our Website, Content, or Services or cease offering our Website, Content, or Services at any time and without liability. 

USER RESPONSIBILITY FOR ACCOUNT INFORMATION 

In order to access our Website, Content or Services available only to members of the 2TF community (including 2TF Fellowship Participants, 2TF Fellowship Facilitators, 2TF Fellowship Coaches, 2TF employees, 2TF contractors, and certain partners or service providers) (each, a “2TF Community Member“), you will require a username, password, and/or other security-related access information (collectively, “Account Information“). You are solely responsible for maintaining the confidentiality of, and ensuring that proper security precautions are taken with respect to your Account Information. You are also responsible for all unauthorized access, use, or misuse of our Website, Content, or Services due to your direction or lack of direction, control, lack of care in protecting Account Information, or failure to comply with the Terms of Service. Each registration is for a single user only. 2TF does not permit access through a single username and password being made available to multiple users on a network. You may not transfer or share your Account Information with anyone or permit others to use your Account Information to access or use our Website, Content, or Services. You agree to (a) immediately notify 2TF of any loss, theft, or unauthorized use of any Account Information or any other breach of security pertaining to our Website, Content or Services, and (b) ensure that your complete registration information, including your email address and personal contact information, is up to date. 2TF cannot and will not be liable for any loss or damage arising from your or any third party’s failure to comply with this section. 2TF reserves the right to monitor and record activity on our Website, including access to our Content or Services for the purposes of confirming your compliance with the Terms of Service, and to ensure proper site operation and performance. We also reserve the right to terminate or suspend your access to our Website (without notice), Content or Services (both with written notice) or further obligation to you if, in our sole discretion, we believe you are in violation of this section or other provisions of the Terms of Service. 

PRIVACY POLICY The information that you provide about yourself to 2TF will only be used in accordance with 2TF’s Privacy Policy, as may be updated by 2TF from time to time, the latest version of which is available at https://www.secondtimefounders.com/privacy-policy. 

OTHER TERMS

International Use. Although our Website, Content, or Services may be accessible worldwide, we make no representation that our Website, Content, or Services are appropriate or available for use in locations outside the United States, and accessing them from territories where our Website, Content, or Services is illegal is prohibited. Those who choose to access our Website, Content, or Services from international locations do so at their own initiative and are responsible for compliance with applicable local laws. Any offer of any product, service, and/or information made in connection with our Website, Content, or Services is void where prohibited. 

No Warranty. 2TF MAKES NO WARRANTY, EXPRESS OR IMPLIED, RELATING TO OUR WEBSITE, CONTENT, SERVICES, WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOUR USE OF OUR WEBSITE, CONTENT, OR SERVICES IS AT YOUR OWN RISK, AND YOU, AND NOT 2TF, ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF OUR WEBSITE, CONTENT, OR SERVICES. 2TF EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON- INFRINGEMENT. 2TF DOES NOT GUARANTEE THE ACCURACY, RELIABILITY OR TIMELINESS OF OUR WEBSITE, CONTENT OR SERVICES, THAT THE FUNCTIONS CONTAINED IN OUR WEBSITE, CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE, CONTENT OR SERVICES ARE FREE FROM VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES. 2TF MAKES NO WARRANTIES THAT YOUR USE OF OUR WEBSITE, CONTENT OR SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY 2TF OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE OR EXPAND ANY WARRANTY. 

Limitation & Disclaimer of Liability. YOU ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN ONLINE COMMUNICATIONS AND ASSOCIATED TECHNOLOGY. YOU AGREE THAT 2TF WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEBSITE, CONTENT OR SERVICES; (b) DATA NONDELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (c) LOSS OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON OUR WEBSITE, CONTENT OR SERVICES; (d) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF OUR WEBSITE, CONTENT OR SERVICES, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; (e) DECISIONS MADE OR ACTIONS TAKEN BY THE USER OR A THIRD PARTY IN RELIANCE ON OUR WEBSITE, CONTENT OR SERVICES; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL. 

IN NO EVENT WILL ANY LIABILITY OF 2TF, ITS AFFILIATES, INVESTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSEES, REPRESENTATIVES OR SUPPLIERS TO YOU (AND/OR ANY THIRD PARTY) ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH OUR WEBSITE, CONTENT, SERVICES OR BREACH OF THESE TERMS OF SERVICE EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO 2TF, DURING THE TWELVE-MONTH PERIOD PRECEDING THE CLAIM, IN RESPECT OF THE PARTICULAR CONTENT OR SERVICES TO WHICH THE CLAIM RELATES. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL 2TF, ITS AFFILIATES, INVESTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSEES, REPRESENTATIVES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF (OR FAILURE TO USE) OR RELIANCE ON OUR WEBSITE, CONTENT OR SERVICES, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF 2TF HAS BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY ARISE. THE LIMITATION OF LIABILITY SET FORTH ABOVE IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN 2TF AND YOU. NEITHER OUR WEBSITE, CONTENT OR SERVICES WOULD BE PROVIDED ABSENT SUCH LIMITATIONS. 

Indemnification. You agree you will indemnify and hold 2TF, its affiliates, licensees, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties“) harmless for any losses, claims, judgments, expenses, damages, or costs, including reasonable legal fees, resulting from any breach of the Terms of Service by you, including (a) any use of our Website, Content or Services other than as expressly authorized in the Terms of Service, or (b) any use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our systems. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of our Website, Content, or Services. 

Force Majeure. 2TF, its affiliates, and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of our Website, Content or Services resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, fire, flood or other natural disasters, strikes or other labor problems, wars, civil unrest, acts of terrorism or governmental restrictions. 

Changes to these Terms. 2TF may, in its discretion, modify or update these Terms of Service (including in relation to your use of our Website, Content, and/or our Services) or change the fees for use of our Website, Content, or Services. Any changes to the Terms of Service will be effective upon the publication of revised Terms of Service to our Website. If you use our Website, Content, or Services after 2TF has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use our Website, Content, or Services any further after they are published. 

Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right. 

Notices. Notices to 2TF must be given in writing and sent to 2TF at the following address: Second Time Founders, Inc., 1081 Mississippi Street, San Francisco, CA 94107, Attention: General Counsel. Notices to you may be sent to the email address supplied for your account or we may broadcast notices or messages through our Website to inform you of changes to our Website, Content or Services, or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email. 

Violations. Please report any violations of these Terms of Service to Second Time Founders, Inc., 1081 Mississippi Street, San Francisco, CA 94107, Attention: General Counsel. 

Severability; Survival; Statute of Limitations. If any provision of these Terms of Service is invalid or unenforceable, such will not render all the Terms of Service unenforceable or invalid but rather the Terms of Service will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in San Francisco, California, USA, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void. 

Entire Agreement. Your written contract(s) with 2TF, if any, and any amendments, addendums, exhibits, and schedules (as applicable) thereto, and these Terms of Service, as the latter may be amended from time-to-time in 2TF’s sole discretion, constitute the entire agreement between 2TF and you, and supersede all prior or contemporaneous agreements, representations, warranties and understandings, whether electronic, verbal, or written, between you and 2TF, with respect to our Website, Content, and Services. 

Headings. Headings in these Terms of Service are for convenience only and have no legal meaning or effect. 

Relationship Between the Parties. There is no agency, partnership, joint venture, or employee-employer relationship between any user or Member and 2TF arising solely through the access or use of our Website, Content or Services. 

Export Controls. You shall comply with all export laws and restrictions and regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or other United States or foreign agency or authority, and not export or re-export 2TF Content in violation of any such restrictions, laws, or regulations. By downloading or using the Content, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country or on any such list. 

Governing Law and Jurisdiction. These Terms of Service and all disputes related to these Terms of Service or arising hereunder shall be governed by, construed, and enforced exclusively in accordance with the laws of the State of California pertaining to contracts to be entered into and wholly to be performed therein, without regard to its or any other states’ conflicts of law rules or public policy. The Parties further agree to submit to the jurisdiction of California courts and that they agree to accept and will not object to any process served on them by, through or in connection with any action, proceeding or lawsuit by a Party hereto relating to these Terms of Service commenced in California courts. The Parties waive any objection to venue in the event either Party commences an action, proceeding, or lawsuit relating to these Terms of Service in the California Courts. Notwithstanding any of the foregoing, the Parties may mutually agree in writing to commence any action, proceeding, or lawsuit relating to these Terms of Service in any federal or state court of competent jurisdiction. The Parties hereto specifically waive any right to a jury trial with respect to any matter arising under these Terms of Service. If any action or proceeding is brought to enforce or interpret these Terms of Service, the prevailing party shall be entitled to reasonable attorneys’ fees in the same or separate action and any other appropriate relief. Any cause of action by you arising in connection with our Website, Content, or Services must be instituted within one (1) year after the cause of action arose or be forever waived and barred.