Last updated: August 20, 2026

Welcome to the founderscard.com website (the "Site") operated by Founders Card LLC (“FoundersCard”). FoundersCard provides its services to you subject to the following conditions. Before you may use the Site and Membership services, you must read and accept all of the terms and conditions in, and linked to, this Terms of Service and Membership Agreement ("TOS") and the linked Privacy Policy. We recommend that, as you read this TOS, you also access and read the linked information, since it is incorporated into and hereby made part of this TOS. This TOS is effective upon acceptance.

PLEASE READ THIS TOS CAREFULLY BEFORE CONTINUING TO ACCESS, BROWSE, OR USE THE SITE. THESE TOS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING FOUNDERSCARD'S LIABILITY, AS DESCRIBED IN SECTIONS 11-13.

PLEASE ALSO BE AWARE THAT SECTION 23 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND FOUNDERSCARD. AMONG OTHER THINGS, SECTION 23 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION ("ARBITRATION AGREEMENT"). SECTION 23 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 23 CAREFULLY.

UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

Use of any functionality of the Site and/or Membership services constitutes acceptance of this TOS. If this TOS conflicts with any other documents, the TOS will control for the purposes of usage of the Site. If you do not agree to be bound by this TOS and the Privacy Policy, you may not use the Site or Membership services in any way.

Subject to Section 23(l) below, we reserve the right at any time, at our sole discretion, to change or otherwise modify the TOS. If we make material changes to the TOS, we will notify you by email or by placing a prominent notice on our website prior to the change becoming effective. Your continued access or use of this Site and Membership services after such changes take effect signifies your acceptance of the updated or modified TOS.

1. Description of Services.

Membership services (the “Service”) provides users access to benefits and services and information. You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site and the Service.

2. License and Site Access.

FoundersCard grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and the Service for your individual use as a FoundersCard Member. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in FoundersCard’s sole discretion) an unreasonable or disproportionately large load on FoundersCard‘s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by FoundersCard to prevent or restrict access to the Site. Any unauthorized use by you of the Site or the Service shall terminate the permission or license granted to you by FoundersCard.

By using the Site you agree not to: (i) use this Site or its contents for any unauthorized commercial purpose (such as reselling benefits, text-scraping, or unauthorized commercial exploitation of the content); (ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand; (iii) access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iv) violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site; (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) deep-link to any portion of this Site for any purpose without our express written permission; or (vii) "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorization.

3. Membership Eligibility.

The Service and Membership is not available to individuals under the age of 21 or to any users suspended or removed from the system by FoundersCard for any reason. Members may not have more than one active account. Additionally, Members and users are prohibited from selling, trading, or otherwise transferring their Membership account to another party. If you do not qualify, you may not use the Service or the Site.

Membership is intended for individuals who acquire Membership primarily for business, professional, or entrepreneurial purposes. By applying for, purchasing, or renewing a Membership, you represent and warrant that you are acquiring the Membership primarily for such purposes.

4. Membership and Account.

In consideration of your use of the Site, you represent that you are at least 21 years of age and qualified to perform a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction and will only use the Site and Service for legitimate purposes. You also agree to provide true, accurate, current and complete information about yourself when you apply for FoundersCard Membership. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or FoundersCard has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FoundersCard has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) and Service. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify FoundersCard immediately of any unauthorized use of your account or any other breach of security. FoundersCard reserves the right to refuse Membership or Service, terminate Membership or Service, or remove or edit content in its sole discretion. Notwithstanding the above, we retain the right at our sole discretion to deny access to anyone to the Site and the Services we offer and to Membership at any time and for any reason, including, but not limited to, for violation of the TOS or Privacy Policy. You agree that you will use your FoundersCard Membership card for the purposes that it was issued.

5. Membership Fee and Billing.

If your Membership application is approved, you will be charged based on the terms that you agreed to on your Membership application. You will only be charged if your application is approved or renewed. We may change the Membership fee at any time, but changes will apply only to new and renewal Memberships. We also reserve the right to modify, discontinue, or impose eligibility requirements for any promotional pricing, discounts, special offers, or Membership programs at any time, in our sole discretion. Unless expressly stated otherwise, promotional pricing and offers apply only for the period specified and do not create any right to future or continued eligibility. The Membership fee is non-refundable. Prepaid cards will not be accepted as a valid payment method and will be declined.

6. Term; Continuous Membership; Billing.

The initial term of Membership (“Initial Term”) shall commence on the date it is approved or reactivated and continue for the duration of the agreed-upon Initial Term. Each Membership will automatically renew (therein referred to as a "Renewal Term”) at the end of the Initial Term, and at the end of each subsequent Renewal Term for the duration of the agreed upon Renewal Terms (referred to as "Continuous Membership") unless and until your Membership is canceled.

Renewal Membership fees will be billed at the end of each Renewal Term and automatically to the credit card we currently have on file, in the amount of the then current Membership fee on or around the day in which your Initial Term or Renewal Term expires. If we attempt to charge the credit card on file in the amount of your renewal and the transaction fails, we may reattempt the charge for up to 60 days from that date unless you notify FoundersCard of your decision to cancel your Membership.

7. Cancellation, Termination, and Changes to Service.

(a) You have the right to cancel your Membership at any time to avoid future charges. The eligibility for a refund, if any, will be determined by the particular plan you agreed to at the time of your application and will total no more than the amount of your most recently paid Membership Fee, which must have been charged to your credit card no more than 60 days prior to the cancellation request. This information is available on your application acknowledgement and/or your application approval emails.

(b) FoundersCard reserves the right to cancel or suspend any accounts, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that your use or continued use of such Membership would violate any provisions of this TOS, applicable law, or otherwise be harmful to our interests. If FoundersCard cancels your Membership, FoundersCard may, at its sole discretion, refund the balance of the most recently paid Membership fee on a time apportionment basis.

(c) We may terminate any or all of the benefits available to Members at any time with or without notice. Member acknowledges and agrees that the Membership Fee is consideration for FoundersCard Membership as a whole, including access to Membership Services and FoundersCard’s portfolio of Member Benefits as they may exist from time to time, and not for any particular benefit, Third-Party Merchant, product, service, discount, rate, status, or offer. While FoundersCard is committed to maintaining a portfolio of Member benefits, FoundersCard does not guarantee the permanence, duration, or continuity of any specific third-party partner perk, status match, discount, or offer. The discontinuation or modification of any specific benefit or group of benefits shall not constitute a breach of this Agreement and shall not entitle Member to any refund, partial or otherwise.

(d) Upon cancellation of Membership, you are relinquishing your current recurring Membership rate and understand you may not be able to rejoin at a later time at that rate. You will also be relinquishing any FCPoints and rewards that were accrued during your Membership term, as well as any current or ongoing benefits you were enrolled in as a Member.

8. Membership Benefit Privileges

(a) As a Member of FoundersCard, you're entitled to the benefits that pertain to your particular Membership type. Certain Membership types and/or complimentary periods of Membership may exclude certain benefits.

(b) All products and services available through the Program are provided by third parties merchants (each, a “Third Party Merchant”). We are not responsible for, cannot guarantee the performance of, disclaim all liability for, and make no representations or warranties (express or implied) as to the safety, effectiveness, adequacy, accuracy, availability, prices, or quality of any goods and services provided by Third Party Merchants through the Program. Any and all warranties and/or guarantees on a product or service (if any) are subject to the respective Third-Party Merchant’s terms thereof, and you agree to look solely to such Third-Party Merchants for any such warranty and/or guarantee.

(c) FoundersCard has the right to add, modify or eliminate any benefit or service at any time at our discretion. FoundersCard does not guarantee the availability of any of its benefits, and they are all subject to change at any time without notice. FoundersCard does not guarantee that any specific third-party partner, partner benefit, discount, status, or offer will remain available for any minimum period of time, as further described in Section 7(c).

(d) Any Companion Membership that is part of a Membership Account shall be automatically terminated when that Membership account to which it is connected is canceled.

(e) All accounts, including Companion accounts, require an active credit card on file in order to have access to the website and benefits of Membership. Credit cards on Companion accounts will only be used if the billing information associated with the account to which it is connected becomes invalid.

9. Submitted Content

FoundersCard does not claim ownership of any materials you make available through the Site. At FoundersCard’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant FoundersCard a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that you submit in connection with such submitted content). You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section. We take no responsibility and assume no liability for any submitted content posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site. If you do not agree to these terms and conditions, please do not provide us with any submitted content. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Site: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site.

10. Business Partner Policies

You acknowledge that partner charges including, tax and incidentals are the responsibility of the individual Member. You are responsible for any taxes or other payments that apply to partner products or services. You acknowledge that FoundersCard partners have rules and policies. You are responsible and liable for verifying and abiding by these policies. Many of our hotel partners have blackout dates. Furthermore, some of their rates are available on a non-guaranteed last room basis. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any partner (including Business, Lifestyle, or Travel) with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the partner’s rules and restrictions regarding availability, cancellation policies, minimum age, maximum occupancy, pet policies, child policies and use of fares, products, or services. You agree that any violation of any such partner’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

11. Disclaimer of Liability and Warranty.

THE CONTENT, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE CONTENT, PRODUCTS, AND SERVICES. WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE SITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. FOUNDERSCARD MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FoundersCard AND THEIR RESPECTIVE PARTNERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS SITE, ITS SERVERS OR ANY EMAIL SENT FROM FoundersCard, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FoundersCard, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE HOTELS AND OTHER PARTNERS PROVIDING SERVICES ON THIS SITE AND/OR AS PART OF MEMBERSHIP ARE NOT AGENTS OR EMPLOYEES OF FoundersCard OR ITS AFFILIATES. FoundersCard AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH HOTELS OR PARTNERS, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. FoundersCard AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL FoundersCard, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SITE WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF FOUNDERSCARD, ITS AFFILIATES AND/OR THEIR RESPECTIVE PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FoundersCard AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FoundersCard HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY SERVICES.

To the maximum extent permitted by law, if, despite the limitation above, FoundersCard, its Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of FoundersCard, Its Affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to FoundersCard in connection with such transaction(s) on this Site, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of FoundersCard, Its Affiliates, and/or their respective suppliers.

13. Indemnity.

You agree to indemnify and hold FoundersCard (and its Members, owners, officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, your violation of any law or the rights of a third party, or your use of the Site.

14. Electronic Communication.

When you use the Site or send emails to FoundersCard, you are communicating with FoundersCard electronically. You consent to receive communications from FoundersCard electronically. FoundersCard will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

15. SMS Text Messaging Terms.

By providing your phone number and opting in to receive SMS text messages, you expressly consent to receive recurring automated marketing SMS/MMS messages from FoundersCard and its representatives to your phone number and agree that text messages may be sent using an automatic telephone dialing system, an automated system for the selection or dialing of telephone numbers, or other technology. Communications from us and our representatives may include but are not limited to operational communications concerning your account or use of the Service, updates concerning new and existing features of the Service, and occasional Membership or other Service promotions offered by FoundersCard. Your consent is not a condition of any purchase with FoundersCard. Message frequency may vary. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

IF YOU WISH TO OPT OUT OF PROMOTIONAL TEXTS, YOU MAY RESPOND DIRECTLY TO YOUR TEXT WITH THE WORD STOP FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. FOR ASSISTANCE, REPLY WITH THE WORD HELP. FOR ADDITIONAL HELP, CONTACT CUSTOMER SERVICE AT 1-212-343-9800.

16. Site-Provided Email and Postings.

The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. FoundersCard is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, FoundersCard may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:

(i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law; (ii) Advertisements or solicitations of any kind; (iii) Impersonation of others or provision of any kind of false information; (iv) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references; (v) Messages by non-spokesperson employees of FoundersCard purporting to speak on behalf of FoundersCard or containing confidential information or expressing opinions concerning FoundersCard; (vi) Messages that offer unauthorized downloads of any copyrighted or private information; (vii) Multiple messages placed within individual folders by the same user restating the same point; (viii) Chain letters of any kind; or (ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using founderscard.com invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using founderscard.com to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.

17. Links.

The Site or third parties may provide links to other World Wide Web sites or resources. Because FoundersCard has no control over such sites and resources, you acknowledge and agree that FoundersCard is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that FoundersCard shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

18. Access To Password Protected/Secure Areas.

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

19. Modification and Notification of Changes.

FoundersCard reserves the right to make changes to the Site and Services, related policies and agreements, this TOS and the Privacy Policy at any time.

When such changes are made, we will make the new TOS available on our website. If we make material changes to this TOS, we will notify you by email or by placing a prominent notice on our website prior to the change becoming effective. Your continued access or use of this Site and Membership services after such changes take effect signifies your acceptance of the updated or modified TOS.

20. Trademarks.

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of FoundersCard and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of FoundersCard or such third party that may own the Marks. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

21. Procedure for Claims of Intellectual Property Infringement.

FoundersCard respects the intellectual property of others, and we ask our users to do the same. FoundersCard may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FoundersCard‘s Copyright Agent the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) 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; or (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

FoundersCard’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: Copyright Agent, c/o FoundersCard, 590 Madison Ave New York, NY 10022

By email: contact@founderscard.com

FoundersCard may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS.

22. Survival of Terms After Agreement Ends.

Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.

23. Arbitration Agreement.

This TOS and the relationship between you and FoundersCard will be governed by and enforced by the laws of the State of New York without regard to its conflict of law provisions, except that the arbitration agreement set forth in this Section 23 is governed by the Federal Arbitration Act as set forth in Section 23(b) below. Nothing in this Section 23 shall be construed to deprive you of the protection of any consumer protection law of the state in which you reside that cannot be waived by agreement.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A TRIAL BY JURY.

(a) Informal Dispute Resolution. There might be instances when a Dispute (as defined below) arises between you and FoundersCard. If that occurs, FoundersCard is committed to working with you to reach a prompt, low-cost, and mutually beneficial resolution. You and FoundersCard agree to participate in good faith in informal efforts to resolve any Dispute before initiating an arbitration or a small claims court action ("Informal Dispute Resolution"). As part of these efforts, either party has the option to ask the other to meet and confer telephonically ("Informal Dispute Resolution Conference"). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate. To initiate Informal Dispute Resolution, a party must give written notice to the other party ("Dispute Notice"). A Dispute Notice to FoundersCard should be sent by certified mail to 590 Madison Ave, New York, NY 10022 or by email to contact@founderscard.com. The Dispute Notice must include: (i) your name, telephone number, mailing address, and email address associated with your account (if any); (ii) the name, telephone number, mailing address, and email address of your counsel, if any; and (iii) a description of the Dispute, including the specific relief sought. FoundersCard will send its Dispute Notice, including a description of the Dispute, to the email or mailing address associated with your account. It is your responsibility to ensure your contact information on file is correct and up to date. The Dispute Notice must be signed by the party initiating the Dispute (i.e., either you personally or a FoundersCard representative). Informal Dispute Resolution is a mandatory precondition to commencing arbitration or a small claims court action. The Informal Dispute Resolution Conference, if requested, shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm, group of law firms, or organization represents multiple users in similar cases, unless all parties agree otherwise; multiple individuals initiating a Dispute may not participate in the same Informal Dispute Resolution Conference unless all parties agree. The Informal Dispute Resolution process lasts forty-five (45) days from the date of receipt of the Dispute Notice, or through the conclusion of the Informal Dispute Resolution Conference (if requested by either party), whichever is later. Any applicable statute of limitations, and the one-year limitations period set forth in this Section 23, shall be tolled during the Informal Dispute Resolution process.

(b) Applicability of Arbitration Agreement; Rules and Forum. If Informal Dispute Resolution does not resolve the Dispute within the forty-five (45) day period described in Section 23(a) (or, if an Informal Dispute Resolution Conference was requested, after its conclusion, whichever is later), then, except as provided in Section 23(i), you and FoundersCard agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of the Site or the Service, any communications you receive from FoundersCard, any products or services sold or distributed through the Site or the Service, or this TOS and any prior versions of this TOS (each, a "Dispute") will be resolved by binding arbitration, rather than in court. This arbitration agreement is governed by the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., which governs its interpretation and enforcement, including the procedures governing the batching protocol described in Section 23(g), and evidences a transaction involving interstate commerce. For purposes of this Arbitration Agreement, "Dispute" also includes disputes that were not filed in arbitration or court prior to the existence of this version of this TOS but that arose or involve facts occurring before the existence of this or any prior version of this TOS, as well as claims that may arise after termination of this TOS. The arbitration will be administered by National Arbitration & Mediation ("NAM") in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the "NAM Comprehensive Rules") in effect at the time of arbitration, as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the "NAM Mass Filing Rules"; together with the NAM Comprehensive Rules, the "NAM Rules"), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/. If NAM is unavailable to arbitrate, the parties will select an alternative arbitral forum. Unless you and FoundersCard agree otherwise, or the batching protocol in Section 23(g) is triggered, any in-person arbitration hearing will take place in the county in which you reside or at another location that is reasonably convenient to you; the arbitrator may direct that any hearing be conducted virtually or telephonically unless either party objects on reasonable grounds. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules. You and FoundersCard agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, subject to their agreement to keep such materials confidential. A party who wishes to initiate arbitration must provide the other party with a written demand for arbitration (the "Demand"). The Demand must include: (i) the name, telephone number, mailing address, and email address of the party seeking arbitration and the account username (if applicable); (ii) a statement of the legal claims asserted and the factual bases for those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars; (iv) a statement certifying completion of the Informal Dispute Resolution process described in Section 23(a); and (v) evidence that the requesting party has paid any necessary filing fees. A Demand you send to FoundersCard should be sent by certified mail to 590 Madison Ave, New York, NY 10022 or by email to contact@founderscard.com. FoundersCard will provide its Demand to the email or mailing address on file for your account. It is your responsibility to keep your contact information up to date. If the party requesting arbitration is represented by counsel, the Demand must also include counsel's name, telephone number, mailing address, and email address, and must be signed by counsel. By signing the Demand, counsel certifies, to the best of counsel's knowledge, information, and belief formed after an inquiry reasonable under the circumstances, that, consistent with the standards of Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

(c) Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of New York, selected by the parties from NAM's roster of consumer dispute arbitrators. If the parties are unable to agree on an arbitrator within thirty-five (35) days of delivery of the Demand, NAM will appoint the arbitrator in accordance with the NAM Rules, provided that if the batching protocol under Section 23(g) is triggered, NAM, without soliciting input from either party, will appoint the arbitrator for each batch, subject to your right to object to that appointment.

(d) Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including disputes regarding the interpretation, applicability, enforceability, revocability, scope, or validity of this Arbitration Agreement or any portion of it, except that all disputes regarding the enforceability of the class action and jury trial waiver in Section 23(f), including any claim that all or part of Section 23(f) is unenforceable, illegal, void, voidable, or has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have authority to grant motions dispositive of all or part of any Dispute, and shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator's award is final and binding on you and FoundersCard. Judgment on the arbitration award may be entered in any court having jurisdiction.

(e) Attorneys’ Fees and Costs. The parties shall bear their own attorneys' fees and costs in arbitration, unless otherwise specifically authorized by law or the NAM Rules, including if the arbitrator finds that the substance of the Dispute or the relief sought in the Demand was frivolous or brought for an improper purpose (measured under the standards of Federal Rule of Civil Procedure 11(b)). If an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with counsel's certification described above and the standards of Federal Rule of Civil Procedure 11(b), the arbitrator may order the initiating party to reimburse the responding party for all arbitration filing, administrative, and arbitrator fees the responding party incurred.

(f) Class Action and Jury Trial Waiver. YOU AND FOUNDERSCARD HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND FOUNDERSCARD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Nothing in this Section 23(f) affects the batching protocol described in Section 23(g). The arbitrator may not consolidate the claims of more than one person (except as expressly provided in Section 23(g)) and may not preside over any form of class, collective, or representative proceeding; class arbitration is not permitted under this TOS. If a final decision, not subject to further appeal or recourse, determines that this Section 23(f) is invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), then that particular claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts described in Section 23(j) below, and all other claims and requests for relief shall remain subject to individual arbitration. Any claim or request for relief severed from an arbitration under this Section 23(f) may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. This Section 23(f) does not prevent you or FoundersCard from participating in a class-wide or mass settlement of claims.

(g) Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and FoundersCard agree that if twenty-five (25) or more individual Demands of a substantially similar nature are filed against FoundersCard by or with the assistance of the same law firm, group of law firms, or coordinated organization within a reasonably proximate period of time (for example, a ninety (90) day period), NAM shall: (i) administer the Demands in batches of up to one hundred (100) Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all such Demands, with any remaining Demands after batching in groups of 100 forming a final batch); (ii) appoint one arbitrator for each batch, without soliciting input or feedback from either party, subject to your right to object to that appointment; and (iii) resolve each batch on a consolidated basis with one set of administrative fees due per batch, one procedural calendar, one hearing (if any) at a place determined by the arbitrator, and one final award providing for any and all relief to which the arbitrator determines each individual party is entitled ("Batch Arbitration"). NAM shall administer all batches concurrently to the extent possible. Demands are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. If the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall so advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, if circumstances require, an Emergency Arbitrator (the "Administrative Arbitrator") in accordance with the NAM Rules to determine the applicability of the Batch Arbitration process. The Administrative Arbitrator may set procedures necessary to resolve any such dispute promptly, and the Administrative Arbitrator's fees shall be paid by FoundersCard. You and FoundersCard agree to cooperate in good faith with NAM to implement the Batch Arbitration process, including payment of single administrative fees for batches of Demands and any steps to minimize the time and cost of arbitration, which may include: (1) appointment of a discovery special master to assist the arbitrator in resolving discovery disputes; and (2) adoption of an expedited procedural calendar. This Section 23(g) shall not be interpreted as authorizing or creating a class, collective, or representative arbitration or action of any kind, except as expressly set forth in this Section 23(g), and nothing about the Batch Arbitration process precludes any party from participating in any arbitration administered according to that process. Any applicable statute of limitations, and the one-year limitations period set forth in this Section 23, shall be tolled for all claims subject to Batch Arbitration from the time the first Demand is filed until the claim is batched and proceeds under this protocol.

(h) 30-Day Right to Opt Out of Arbitration. You have the right to opt out of the arbitration agreement in this Section 23 by sending written notice of your decision to opt out to FoundersCard at 590 Madison Ave, New York, NY 10022 or via email at contact@founderscard.com within thirty (30) days of the date you first accept this TOS. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. An opt-out notice will be effective only if you send it yourself, on an individual basis, and opt-out notices from any third party purporting to act on your behalf will have no effect on your or FoundersCard's rights. If you opt out of the arbitration agreement, all other provisions of this TOS, including the venue provisions of Section 23(j), will continue to apply to you. Opting out of this arbitration agreement has no effect on any arbitration agreement you may currently have with FoundersCard, including any previous version of this arbitration provision to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreement with FoundersCard that you may enter into in the future.

(i) Exceptions. Notwithstanding the foregoing, (i) either party may bring an individual claim in small claims court in a county and state where venue is proper, so long as the claim remains in small claims court and proceeds only on an individual (non-class, non-representative) basis; and (ii) either party may bring an action in court seeking injunctive or other equitable relief in connection with the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, or in connection with unauthorized access to or use of the Site or the Service (including, without limitation, scraping, data harvesting, or circumvention of access controls), subject to Section 23(j).

(j) Exclusive Venue for Court Proceedings. To the extent that any dispute, claim, or controversy is permitted to be brought in a court of law (including actions to compel arbitration, enforce an arbitration award, or claims excluded from arbitration under Section 23(i) other than small claims court proceedings), both you and FoundersCard agree that the sole and exclusive jurisdiction and venue for such actions shall be the state and federal courts located in New York County, New York. You hereby waive any objection to such venue on the grounds of inconvenient forum (forum non conveniens).

(k) Invalidity; Survival. Except as provided in Section 23(f), if any part or parts of this Arbitration Agreement (other than Section 23(g)) are found under applicable law to be invalid or unenforceable, such part or parts shall be of no force and effect and shall be severed, and the remainder of this Arbitration Agreement shall continue in full force and effect. However, if Section 23(g) is found under applicable law to be invalid or unenforceable, then the entire Arbitration Agreement, with the exception of Section 23(a) (Informal Dispute Resolution), shall be void, and the parties agree that all Disputes will instead be heard in the state or federal courts located in New York County, New York, subject to Section 23(i).

(l) Modification. You and FoundersCard agree that FoundersCard retains the right to modify this Arbitration Agreement in the future. Any such changes will be posted on the Site, and you should check for updates regularly. Notwithstanding any other provision of this TOS, if FoundersCard makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the Site and/or the Service, including but not limited to accessing, browsing, or otherwise using the Site or the Service, following the posting of changes to this Arbitration Agreement, constitutes your acceptance of such changes. If you previously agreed to a version of this TOS containing an arbitration agreement and did not validly opt out of arbitration, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. FoundersCard will continue to honor any valid opt-out of the arbitration agreement that you made under a prior version of this TOS.

The failure of FoundersCard to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. FoundersCard does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and FoundersCard and governs your use of the Site and Service, superseding any prior agreements between you and FoundersCard with respect to the Site and Service.

To the fullest extent permitted by applicable law, you agree to assert any claim against FoundersCard within one (1) year after the dispute arises, and that actions brought after that date will be deemed time-barred, subject to the tolling provisions of Sections 23(a) and 23(g).

Subject to Section 23(k), if any part of this TOS is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this TOS or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. FoundersCard may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

24. General.

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Headings are for reference purposes only and do not limit the scope or extent of such section.