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Website Terms of Use


These Website Terms of Use (these “Terms”) govern the use by you (“you” or “your”) of the Fountainhead website, www.fountainheadstrategy.com (the “Website”), owned and operated by Hiebing on behalf of Fountainhead Brand Strategy (“we”, “our” or “us”).

By using the Website, you agree to comply with these Terms and our privacy policy [fountainheadstrategy.com/privacy-policy] (“Privacy Policy”), incorporated herein by reference. PLEASE READ THESE TERMS AND THE PRIVACY POLICY CAREFULLY BEFORE USING THE WEBSITE. If you do not agree to these Terms, please do not use the Website. We may revise these Terms from time to time at our sole discretion. Any such modificatisons will be reflected in the version of the Terms posted on the Website. All changes are effective immediately when the revised Terms are posted to the Website. Your continued use of the Website following the posting of modified Terms signifies your acceptance of such modified Terms. You should review the Terms periodically so you are aware of any changes, as they are binding on you.

We, or our affiliates or our third-party content or service providers, own all copyrights, trademarks, trade dress and other intellectual property contained on the Website or contained in email correspondence you may receive through the Website (“Content”). Content includes images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds and the arrangement of content on the Website as a whole.

You acknowledge that when you use the Website, we may use automatic means (including, for example, cookies and web beacons) to collect information about your computer and about your use of the Website. You also may be required to provide certain information about yourself as a condition to using the Website or certain of its features or functionality. All information we collect through or in connection with this Website is subject to our Privacy Policy [fountainheadstrategy.com/privacy-policy]. By using and providing information to or through this Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

We attempt to provide the most recent, accurate and reliable information on our Website. However, there may be occasions when information featured on our Website may contain typographical errors, incomplete data, inaccuracies or services featured on the Website that are no longer offered. We do not warrant that the information accessible via the Website is accurate, complete or current. We reserve the right to correct errors and to update service offering information at any time.

We do not assume any liability for the materials, information and opinions provided on, or available through, the Website (“Site Content”). Reliance on the Content is solely at your own risk. Although we attempt to provide useful Content, we do not guarantee that the Site Content is accurate, current or suitable for any particular purpose. We disclaim any liability for injury or damages resulting from the use of any Site Content. We may change the services at any time and reserve the right to make changes and corrections without notice.

THE WEBSITE, THE SITE CONTENT AND THE SERVICES PROVIDED ON, OR AVAILABLE THROUGH, THIS WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE OR WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE OR ITS CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY US AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

IF YOU HAVE A CLAIM AGAINST US THAT ARISES OUT OF THESE TERMS OR IS OTHERWISE RELATED TO THE WEBSITE, THEN IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU BE MORE THAN THE LESSER OF: (A) THE AMOUNT YOU HAVE PAID US FOR SERVICES RELATED TO THE WEBSITE OVER THE PRECEDING TWELVE (12) MONTHS; OR (B) $100.

You agree to defend, indemnify and hold harmless us and our affiliates and subsidiaries, and their respective officers, directors, shareholders, members, managers, owners, agents, employees, affiliates, licensees and licensors, from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website in violation of any of these Terms.

You are granted a nonexclusive, nontransferable, limited license to access and use the materials and services contained on this Website. Materials and features may be added to or withdrawn or otherwise changed without notice.

We hereby grant you permission to reproduce materials available on the Website solely for your personal use. Re-use or reproduction or distribution for commercial purposes is prohibited. Except for these specified uses, no part of any materials on the Website may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise reproduced, stored, disseminated, transferred or used, in any form or by any means, except as permitted herein.

These Terms, and our operation of the Website, shall be governed and interpreted in accordance with the laws of the United States and the State of Wisconsin. Any disputes arising out of these Terms shall be adjudicated in a court located in Dane County of Wisconsin or the Western District of Wisconsin. You and we agree to submit to the jurisdiction of these courts. You and we also agree to waive any right to a trial by jury.

Your failure to comply with these Terms automatically revokes your authorization to use the Website and terminates all rights granted to you under these Terms. Your obligations to us and our affiliates and third-party service providers relating to your use of the Website prior to termination shall continue after termination. Restrictions regarding the Site Content, disclaimers and liability limitations under these Terms shall survive termination of these Terms for any reason.

If any provision of these Terms, or any portion thereof, is found to be unenforceable, it shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the rest of these Terms shall remain in full force and effect. These Terms, including the Privacy Policy, are the entire agreement between you, us and our affiliates and subsidiaries relating to the Website. These Terms supersede and cancel any prior written or oral agreement between you and us and our affiliates and subsidiaries, which shall have no further force or effect.

Effective Date and Updates

These Terms & Conditions were last revised on July 7, 2016. Any updates to the Terms & Conditions will be posted at fountainheadstrategy.com/terms-of-use.

Contact Us

It’s important for us to know what visitors have to say about our website. To contact us with your questions or comments, please email us at jkropp@fountainheadstrategy.com or write to us at 315 Wisconsin Ave., Madison, WI 53703.