Foundation Learning, Inc. (“FL”, “FoundationLearning”, “Company”, “We”, “Us”, or “Our”) provides services (“Services”) to companies (“Customer”, “You”, “Your”, or “User”) that are governed by the guidelines and rules listed in this document (“Agreement” or “Terms”). By using Our Services, You agree to these Terms and agree to abide by them at all times. If You are not comfortable with the Terms listed in this Agreement, please do not use Our Services and reach out to Us if You have any questions or concerns.
These Terms Were Last Updated On 05/02/2023
The Terms listed in this document might change in the future as Our Services evolve. Foundation Learning reserves the right to update any portion of these Terms at its sole discretion. These changes will either be reflected on Our website or in certain cases, be communicated to Users through an email. We will also update the “These Terms Were Last Updated On MM/DD/YYYY” section at the beginning of this document when we make any changes to these Terms. By continuing to use our Services, You agree to abide by these Terms.
By agreeing to work with Us, You receive access to Foundation Learning's Services. This does not mean We are licensing any part of our intellectual property, including, but not limited to our persona assessment documents, intake forms, logos, color scheme, branding elements, website look and feel, or trademarks to You. The rights provided to You under this Agreement are meant to allow You to use our Services for Your company’s use only. Any use of Our Services outside the predetermined scope of what they can be used for will be considered a violation of law and might lead to criminal charges resulting in prosecution.
As such, You are not allowed to:
1. Engage in any unlawful or illegal use of our Services. Users found to be engaging in any violation of law will be immediately banned from our Services and reported to law enforcement authorities.
2. Engage in any activity that disrupts or modifies our Services for Yourself or other users. This can include trying to modify Our cloud-based document sharing softwares, communication tools, website, or change the look and feel of the User experience without our explicit written consent from an officer of Foundation Learning.
3. Use of Our Services for any purposes other than the ones explicitly listed in this document. This includes selling, renting, sublicensing, transferring, modifying, leasing, republishing, copying any part of Our Services or its derivatives.
4. Access Our Services through means other than those listed in this Agreement.
5. Try and access Our Services through any means other than Our website as per directions provided to You when You decide to start working with Us.
It is up to the User to make sure:
1. Services are being used in a lawful, ethical, and responsible manner. If Foundation Learning learns about the violation of any local, national, state, or federal laws by User, FL has the right to end access to its Services.
2. Services are not being used to harm any person or organization.
3. Services are not breaking the law by infringing on any individual or organization’s trademark or copyright.
Users might be temporarily or permanently banned from using Foundation Learning's Services and/or face criminal prosecution and be liable for damages if We learn about irresponsible use of Our Services.
Non-transfer of Responsibilities
Even if User authorizes a representative to access Services on behalf of User, the User is solely responsible for complying with all Terms listed in this document. The User’s responsibilities cannot be transferred to another individual or organization under any situation. Abdicating responsibility for violation of these Terms, even if the actions that led to the violation were taken by a different individual or organization, might result in the User being denied access to Foundation Learning's Services or legal action against the User.
Prohibition of Sensitive Data Collection
Foundation Learning’s Services cannot be used by Users to collect, analyze, or store any sensitive information under any circumstances. This includes information on an individual’s mental health, race, sexual orientation, political or religious affiliation.
When working with Our Services, You get access to valuable intellectual property owned by Foundation Learning. This access does not imply that Foundation Learning is providing You a license for any of the Services or intellectual property. Your rights to access these Services are limited in scope to the uses outlined in this Agreement. Foundation Learning's intellectual property is protected by its rights in the United States and other countries where it operates through intellectual property laws. These laws prohibit Users from modifying, copying, or creating derivatives of our Services. You will not have the right to claim ownership, in part or whole, of any patents filed by Foundation Learning now or in the future. When using Our Services for internal purposes, Users may not remove our logo, branding, copyright, or any other form of intellectual property that are embedded in any of our Services.
Reproducing any Services or related content and using them for commercial or non-commercial purposes without the explicit written consent of Foundation Learning is also prohibited. Paying a fee and purchasing our Services allows Users to access Services solely for their personal use.
Content Created Through User Feedback or Engagement
Foundation Learning’s ownership of Services and related content extends to any new or derivative Services or content created through feedback provided by Users or their engagement with Foundation Learning. This gives Foundation Learning the universal right to create derivative works or additional Services that can be sold worldwide in perpetuity. Users are not entitled to royalties, payments, or any other form of compensation for Services created by Foundation Learning based on their engagement or feedback.
Foundation Learnings Trademarks
Users are prohibited from using Foundation Learning’s trademarks, logos, layouts, or designs, regardless of whether they are registered. Explicit written permission is required from an authorized officer of Foundation Learning to use, reproduce, copy, edit, modify, license, sub-license, or transfer any intellectual property that belongs to or is licensed by Foundation Learning.
One-Time Purchase Fees
In order to use Foundation Learning’s Services, a User must pay a fee (“Fee” or “Fees”). This Fee will allow them to use the Services on a one-time basis. If Users wish to use Foundation Learning’s Services again, they must pay the Fee. The amount of the Fees will depend on the type and tier of Service the User signs up for and will be made clear through collateral shared with the User before they sign a contract. This collateral can include flyers, brochures, web pages, or contracts. The User shall not be eligible under any conditions to receive refunds for a part of or the entire Fee in case of cancellation, dissatisfaction with, or lack of use of Service.
Foundation Learning reserves the right to deny providing a part of or the entire Service in case the User does not pay the full Fee for the requested Service upfront.
Certain types of Users might be given the option to purchase Foundation Learning’s Services on a subscription basis. In such cases, the Fee will allow the User access to Foundation Learning’s Service for a predetermined period (“Term”). At the end of each Term, the User will automatically be charged the Fee for the subsequent Term. In order to avoid being charged, the User must cancel or modify their subscription before the start of the Term. Users can cancel their subscription by contacting contact email@example.com. If a User cancels their Service, they will have access to it until the end of the Term. The User shall not be eligible under any conditions to receive refunds for a part of or the entire Term in case of cancellation, dissatisfaction with, or lack of use of Service. Any unpaid Fees, however, have to be paid by the User.
In both cases, if a User purchases a one-time or subscription Service from Foundation Learning, it is the responsibility of the User to read the scope of services before signing up. If the User has any questions or concerns about the pricing or scope of services offered, they must contact Foundation Learning at firstname.lastname@example.org before signing up.
Change in Fees or Scope of Service
Foundation Learning reserves the right to change the Fee at its sole discretion. In case our Fee changes, Foundation Learning will inform Users about all relevant specifics including the amount and timing of the change. These changes will be applicable to future payments. If a User is not willing to bear the change in Fees, they should cancel their subscription immediately or reach out to us at info email@example.com
Similarly, We hold the right to change the scope of Service in a specific tier of any of our Services. If there is a material change,Foundation Learning will inform Users through email or through an update on our website.
Foundation Learning as a Third Party Service Provider
In certain cases, Foundation Learning might be hired by organizations to provide Our Services to their clients. An example could include a management consulting firm or investment bank hiring Foundation Learning to provide Services for their employees. In such cases, Foundation Learning acts as a third party service provider. Regardless of whether the payment is made by the organization hiring Foundation Learning or the User, these Terms also apply to Users to whom we are providing the Services.
Payments Through Invoices
In certain cases, Users or an organization hiring Foundation Learning to provide third party services might want to make a payment through an invoice. If this is the case, explicit written consent is required from Foundation Learning. Please contact firstname.lastname@example.org. if You wish to make a payment via an invoice. For payments made through invoices, Foundation Learning will issue an invoice which specifies the amount to be paid, date of invoice, and the currency in which payment is to be made. Foundation Learning will also decide the due date of the payment amount listed in the invoice. If payments are not made by the specified date, Foundation Learning has a right to charge up to the maximum penalty allowed by law as interest.
In order to collect Fees from Users, Foundation Learning requires them to provide personal or their organization’s financial information depending on how they wish to make the payment. This includes credit card information including, but not limited to, full name, credit card number, credit card type, credit card expiration date, and credit card CVV number. Foundation Learning reserves the right to temporarily or permanently ban a User if any of their financial information is found to be incorrect or fraudulent. If required, Foundation Learning may conduct additional background and identity verification checks by asking for more information from the User. By providing any personal or financial information, a User allows Foundation Learning to use the information to process their Fee. Foundation Learning might share the information with third party payment processing systems such as but not limited to Stripe or Braintree. The User also agrees to pay any additional taxes and fees that are levied by the payment processors.
Fees paid by Users to Foundation Learning are non-refundable. A User is also prohibited from transferring these Fees to another User’s account. A confirmation of purchase will be sent to users once the Fee has been successfully processed.
In certain cases, we might offer unpaid or pro bono Services to Users. Under such circumstances, even though no payment has been made, Users are still expected to abide by the Terms listed in this document.
Foundation Learning may end unpaid Services at any time at its discretion. Also, the full scope of Services might not be available to Users who are getting an unpaid or pro bono Service. It is up to Foundation Learning to decide the scope of Services that will be provided.
Termination of Service Due to Missed Payment
Foundation Learning has the right to terminate Services immediately if the User has not paid the Fees required to access Services. We might provide the User a grace period during which they can access our Services if we believe they are acting in good faith to make the payment in a specific time-period. However, providing this grace period and its duration are completely at Foundation Learning’s discretion.
“User data” is any data generated through any interaction with or use of our Services. This includes all engagements, paid or unpaid, one-time or on a subscription basis. All user data is the property of the User. However, by agreeing to work with Us, User grants Foundation Learning worldwide unlimited rights to copy, modify, edit, reproduce, or distribute user data. We may utilize user data for a variety of purposes, not limited to, but including:
While we might use user data for a variety of different purposes, we will not publish any personally identifiable information (PII). We may however publish anonymized information. We may also conduct aggregate analyses and publish reports based on the usage of our Services. When we publish these analyses, we will make sure no PII is published. Users do not have the right to payments, royalties, or any other form of monetary or non-monetary compensation from any Services or content created using user data.
Upon termination of Service, User loses all rights to their data stored in our systems. Unless required by law, We have the right to delete the data as soon as User ends their engagement with Foundation Learning.
Eligibility and Requirements
In order to use Foundation Learning’s Services, a User must legally be an adult in the jurisdiction where they are located. The User also needs to be able to form a signing contract and should not be prohibited by law from using Foundation Learning’s Services.
Purchasing Our Service
In order to start using Foundation Learning’s Services, a User will need to purchase our service. In order to provide our Service, Foundation Learning will require basic background, employment, and contact information such as first name, last name, email address, name of organization, title, and phone number of the User. Users agree to provide correct information to Foundation Learning. If a User is found to have provided fraudulent or misleading information, they will be permanently banned from using Foundation Learning Services. Attempting to impersonate another User is also prohibited and trying to do so is a violation of Foundation Learning’s Terms. Users are also prohibited from using vulgar, obscene, or offensive words or phrases to create their Profile.
In the future, Foundation Learning might also use information directly from third-party platforms such as Google to populate certain basic fields such as first name, last name, and date of birth when a Profile is being created. By using Foundation Learning, Users give Us permission to get basic demographic and background information about them from these third-party platforms.
In order to continue using Foundation Learning, Users need to ensure that their information is thorough, accurate, and updated at regular intervals. Failure to provide correct information will lead to temporary or permanent suspension of the User’s Service. This will be done at the discretion of Foundation Learning. If a User’s Profile information is compromised in any way, it is their responsibility to inform Foundation Learning as soon as they learn about the data or information breach. The User will be held accountable for any unlawful use, by them or otherwise, of their account.
1. Providing information to Foundation Learning: Foundation Learning requires the applicant to provide Us information in order to receive our Services. This includes background information about their personal and professional experiences and essays, resume, etc. Our ability to provide Services is based on the quality and timeliness of Your information. While You are not required or obligated to disclose any information You are not comfortable sharing, it is Your responsibility to make sure that You provide accurate information at all times. Foundation Learning will never force You to share personal details that are sensitive or You are not comfortable sharing.
Some of our Services require You to send us Your application documents. For example, Our resume-review and essay-review Services require applicants to send Us their resume and school essay respectively. In these cases, it is up to You to make sure the documents You provide meet the guidelines specified by Us. These guidelines will be made clear to You through Our website, marketing collateral, and onboarding documents. As such, We will only be able to provide Our Services if You meet these specified guidelines. For example, our resume review Service requires that You upload a one-page resume in .doc or .docx format that is written in English. We will not be able to review and edit Your resume if it doesn’t meet these specifications. In this case, Foundation Learning’s fees are 100% non-refundable.
2. Upfront payment of fees: Foundation Learning agrees to provide You business school application Services only if 100% of the Fees for our Services are paid upfront. We reserve the right to decline Your rights to access Our Services if We don’t receive the entire payment amount stated on our Website. This includes willful or unwillful non-payment. Foundation Learning will not be able to provide You Services in situations such as Your credit card getting declined or if our third-party payment processor is not able to process the payment in your jurisdiction.
3. No guarantee of scholarships: Foundation Learning awards a small number of scholarships to Clients each year for Our Services. These scholarships are only meant to subsidize Our Services and cannot be used for anything else such as subsidizing Your business school tuition fees. Awarding these scholarships is completely at the discretion of Foundation Learning. We provide no guarantee that a certain number of these will be awarded each year. We take several factors into consideration while awarding scholarships such as financial need and professional potential. It is possible that during a certain year, no applicant fulfills Our criteria. In this case, no scholarship will be awarded. Also, we hold the right to not disclose to other Clients information about who has been awarded a scholarship.
4. No guarantee of delivery date: Foundation Learning provides timelines for when You can expect our Service to be delivered. These timelines are provided on Our website and through additional marketing collateral. You should note that these timelines should be viewed as guidelines and while We try Our best to provide Our Services in the timeframe listed on Our website, We do not guarantee that We will be able to do so. It might take longer for Us to deliver Our Services if our representatives including tutors are occupied with prior engagements.
5. Delivery of Services: We use a number of different internet-based third-party systems to provide Our Services. This includes, but is not limited to email, cloud-based text and voice communication systems, and cloud-based document sharing and project planning software. The medium of communication is different for every Service and might change as Foundation Learning’s Services evolve. We reserve the right to provide our Services through the medium that we think is the best fit. For example, Foundation Learning can decide to offer a Service purely through email-based communication rather than phone or video-based interactions.
6. No Guarantee of former Admissions Committee members: We engage former Admissions Committee members from business schools to work on certain aspects of Our Services. For example, Our All-Inclusive Service includes the review of a client’s final application by a former Admissions Committee member. We will clearly mention which services include a review by former Admissions Committee members on our website and through our marketing collateral. While we do our best to make this happen, We do not guarantee that the former Admissions Committee members will be able to review Your application documents. Former Admissions Committee members have limited time availability and they might have prior commitments when You decide to work with Us.
7. Selection of Tutor: When you work with Us, Foundation Learning tries to pair You with the most relevant Company representative, who in this case is an experienced Tutor. This could be a representative that you requested to work with, one whose background matches yours, or someone who has worked with You in the past. However, we don’t guarantee that we will be able to pair you with any particular representative. Our Tutors have varying workloads and internal company commitments such as working on Foundation Learning’s marketing initiatives. Hence, we can never guarantee that a Company representative will be available to work with you.
8. No guarantee of results: Getting your desired academic or test prep outcome depends on many factors, including factors outside a student or Foundation Learning’s control. As such, Foundation Learning cannot guarantee a positive result in any engagement. All testimonials, success stories (even if they are for similar applicants), or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your business school application. Past performance and prior results do not guarantee a similar outcome.
FOUNDATION LEARNING’S SERVICES ARE PROVIDED TO THE USER “AS IS” AND “WITH ALL FAULTS”. YOU ARE WILLING TO ASSUME ALL RISK IF YOU DECIDE TO USE FOUNDATION LEARNING’S SERVICES. FOUNDATION LEARNING DOES NOT PROVIDE ANY WARRANTY FOR ANY OF ITS SERVICES. FOUNDATION LEARNING’S OFFICERS, EMPLOYEES, AFFILIATES, THIRD PARTIES, CONTRACTORS, OR SUPPLIERS (“REPRESENTATIVES”) CANNOT BE HELD LIABLE FOR THE RESULTS OF OUR SERVICES. REPRESENTATIVES ALSO HOLD NO RESPONSIBILITY FOR ANY DAMAGES CAUSED TO USERS THROUGH THE USE OF OUR SERVICE. WE HOLD NO RESPONSIBILITY FOR THE CORRECTNESS OF OUR ANALYSIS, SATISFACTORY PERFORMANCE OF OUR SERVICES, MERCHANTABILITY OR QUALITY OF OUR SERVICES, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. FOUNDATION LEARNING DOES NOT PROVIDE ANY WARRANTY THAT USING OUR SERVICES WILL GET YOU ACCEPTED AT ANY SCHOOL OR LEAD TO ANY POSITIVE RESULTS FOR YOUR CAREER. FOUNDATION LEARNING OR ITS REPRESENTATIVES HOLD NO RESPONSIBILITY FOR ANY LOSS TO AN INDIVIDUAL OR ORGANIZATION THAT WOULD OCCUR DUE TO ANY OF THESE INSTANCES.
IN CASE OF A DISPUTE, THE ONLY REMEDY AVAILABLE TO A USER IS THE DISCONTINUED USE OF OUR SERVICES. IN ANY CASE, THE MAXIMUM POSSIBLE LIABILITY FOR FOUNDATION LEARNING WILL BE: I. THE FEE PAID BY THE USER TO FOUNDATION LEARNING, OR II. $75. UNDER NO CIRCUMSTANCES CAN FOUNDATION LEARNING BE HELD RESPONSIBLE FOR ANY BODILY HARM, INJURY, EMOTIONAL DISTRESS, TRAUMA, OR DEATH CAUSED DUE TO THE USE OF SERVICES IN ANY FORM. FOUNDATION LEARNING’S LIMITATION OF LIABILITY EXTENDS TO CLAIMS FOR BUSINESS LOSSES, PERSONAL LOSSES, COST OF PROCUREMENT OF SUBSTITUTE, LOSS OF DATA, OR ANY COMMERCIAL LOSSES, EVEN IF IT WAS KNOWN THAT EXPERIENCING THAT LOSS WAS A POSSIBILITY. SOME STATES PROHIBIT THE EXCLUSION OF LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LIMITATION OF IMPLIED WARRANTIES. IF USER IS LOCATED IN ONE OF THOSE STATES, THESE LIMITATIONS WILL NOT APPLY TO THE USER.
IF USERS ARE NOT COMFORTABLE WITH THIS LIMITATION OF WARRANTY AND LIABILITIES, THEY SHOULD REFRAIN FROM USING FOUNDATION LEARNING’S SERVICES.
Section 1542 of the California Civil Code
SECTION 1542 OF THE CALIFORNIA CIVIL CODE STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IF THE USER IS A CALIFORNIA RESIDENT, THEY WAIVE THEIR RIGHTS TO SECTION 1542 OF THE CALIFORNIA CIVIL CODE.
By agreeing to these Terms, You agree to hold Foundation Learning and its officers, employees, representatives, partners, suppliers, affiliates, and advertisers harmless and indemnify them against any and all claims, actions, losses, damages, demands, judgments, suits, litigation costs and attorney fees that might be caused due to: 1. Your breach of these Terms, 2. Your violating of any law, 3. Your use of Foundation Learning Services. By agreeing to work with Us (and thereby agreeing to this indemnification clause), You agree that You will not settle any claim, or actual or perceived legal proceeding in which Foundation Learning is or could have been indemnified unless such a settlement involves unconditional release of Foundation Learning from any real or perceived liabilities that might arise from the claim or legal proceeding or has been formally agreed to in writing by an officer or authorized legal representative of Foundation Learning.
Foundation Learning’s Services are meant to be used in full compliance with local, national, and federal laws where the User is located. We make no claim about the fitness of use, legality, or availability of Foundation Learning’s Services outside the United States of America. Foundation Learning’s Services should never be used in violation of United States laws. It is up to the User to ensure they are complying with local, state, national, or federal laws in their jurisdiction.
The Terms listed in this document will be governed by the laws of the state of California. The only exemption to this condition is when U.S. federal law preempts California state law.
By agreeing to these Terms, Users agree that any dispute arising between them and Foundation Learning will be resolved informally or through a small claims court. Users and Foundation Learning will make all attempts in good faith to try and resolve issues without any escalation, controversy, or dispute. However, if a matter cannot be resolved through these means, it will be resolved through binding arbitration. The only exception to this will be when Foundation Learning or the User is seeking injunctive or other equitable relief in a court to resolve a dispute involving copyrights, trade secrets, trademarks, logos, or intellectual property rights.
Notice of Arbitration and Opt-Out Clause
By agreeing to these Terms, You agree that You will not initiate or participate in a class action lawsuit or class-wide arbitration against Foundation Learning. Any controversy, disagreement, or dispute that arises between You and any representative of Foundation Learning will be resolved through individual arbitration and shall be binding and final. By agreeing to these Terms, You explicitly agree that You do not have the right to trial by jury or the ability to act as a plaintiff or member of a class action lawsuit against Foundation Learning.
Rules of Arbitration
The arbitration will be governed by the American Arbitration Association (“AAA”). AAA will arbitrate in accordance with Commercial Arbitration Rules (“AAA rules”). For more information about these rules, please visit the AAA website (www.adr.com) or call AAA at 1-800-778-7879. A neutral arbitrator will arbitrate the matter, which will be governed by the Federal Arbitration Act.
Mechanics of Arbitration
The AAA’s rules will govern the mechanics of the arbitration process. A written notice must be provided to initiate it. The arbitration will solely focus on the matter being disputed and cannot be combined with anything else. It will be performed by a licensed practitioner who is a part of AAA’s list of approved arbitrators. The arbitrator will have the authority to arbitrate a part of or the entire dispute. Both parties involved in the dispute need to finalize who the arbitrator will be within seven days of delivery of the Demand of Arbitration (which needs to be submitted by the party initiating arbitration as per AAA guidelines). Failure to do so will result in AAA appointing an arbitrator. The decision made by the arbitrator will be final and binding. The arbitrator will provide a written explanation of the decision, which will include details of the arbitration award and might include attorneys’ fees, cost of witnesses, and travel costs, all of which together constitute the cost of arbitration.
Location of Arbitration
If the arbitration claim is $10,000 or less, the proceeding will take place solely based on documents provided by both parties. Unless the arbitrator decides otherwise, neither party will be required to appear for an in-person meeting or telephonic hearing. If an in-person hearing is requested by the arbitrator, he or she will decide on a place for the hearing that is convenient to all parties involved. If the claim is greater than $10,000 the arbitrator will decide the most convenient path forward, which could include electronic exchange of information, a telephonic hearing, or an in-person hearing. Arbitration under this agreement shall be held in the United States in San Francisco, California under California law without regard to its conflict of laws provisions. The decision around the most appropriate medium of information exchange shall always be governed by AAA rules and guidelines.
The AAA rules define what Your portion of the AAA administrative fee and arbitration fee will be. The remaining amount will be paid by Foundation Learning. However, if the arbitrator finds Your claims to be frivolous (as measured in the standards set forth in the Federal Rule of Civil Procedure 11(b)), AAA rules will determine the fees that You need to pay.
The contract between You and Foundation Learning is that of a sale of services and not goods. As such, regulatory frameworks such as The United Nations Contracts for the International Sale of Goods, Uniform Commercial Code or any legislation, which is materially similar to these does not apply to these Terms.
If You have any feedback on our Services or queries about these Terms, please email us at email@example.com. Although our response times will vary based on the number of queries we are currently processing at a given time, we will try our best to get back to You in a reasonable time frame.