top of page

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING OUR WEBSITE 

​

These "Terms of Use" govern your access and use of this website, thefountainkc.com (“Site”), The Site is an online service operated by The Fountain Fund, Inc. ("The Fountain Fund"). These Terms of Use form a binding agreement between you and The Fountain Fund. Please read these Terms of Use carefully before accessing, using, or browsing Site. Your access to or use of the Site indicates your acceptance of these Terms of Use. If you do not agree to all of these Terms of Use, do not use Site. The Fountain Fund, in its sole discretion, may change these Terms of use from time to time and your continued use of the Site after any such change takes effect will be deemed to constitute your acceptance of and agreement to the modified Terms of Use.  

​

Acceptable Use

This Site is intended to provide users with general information. We do not recommend or endorse any specific professionals, opinions, services, or other information that may be mentioned on the Site. Reliance on any information provided by The Fountain Fund, our organization members, our employees, others appearing on Site at our invitation or other visitors to the Site is solely at your own risk. 

​

Rules of Conduct

We are the sole interpreter of the Site rules of conduct described in these Terms of Use. Users who violate these rules may have their access and use of the Site revoked at our discretion. 

  1. Posting Rules:

    1. Materials you post to the Site may not contain:  

      1. unauthorized copyrighted material 

      2. unauthorized trade secrets 

      3. other unauthorized intellectual property rights  

      4. violations to the privacy or publicity rights of others 

      5. sexually explicit, coarse, distasteful, defamatory, threatening, harassing, abusive, or hateful content 

      6. embarrassing, offensive, or discriminatory content to another person, group or entity 

    2. You may not use your Materials to:  

      1. pose as another person, living or dead 

      2. post dishonest, deceitful, incorrect, fictitious, or misleading information

      3. post advertisements or solicitations of business, excluding your own services within your own directory profile 

      4. post chain letters or pyramid schemes 

    3. The Foutain Fund is under no obligation to monitor the materials posted on the Site by users. We hold the right to monitor materials at random. The Fountain Fund holds the right to remove any material from Site that violates these Terms of Use at our discretion as determined in good faith.  

  2. Conduct Rules: 

    1. You may not send or help others to send unsolicited commercial email to our users. 

    2. Inappropriate postings or conduct can be reported by email to thefountainkc@gmail.com.  

    3. You may not delete or edit materials posted by another person or entity. 

    4. You may not establish independent data files using data from Site or any way data-mine the Site. 

    5. You may not use any information found on the site to violate local, state, federal, or international laws. 

    6. This Site is not to be used to verify the credentials of a therapist, counselor, or other mental health provider. 

    7. The Fountain Fund is under no obligation to monitor the conduct of our Site users. We hold the right to monitor conduct at random. The Fountain Fund may investigate and respond when violations of these Terms of Use are reported at our discretion and make a determination in good faith. 

  3. Security Rules: 

    1. Site users are prohibited from violating, including attempting to violate, the security of the Site, including but without limitation:  

      1. accessing data not intended for such user, such as unauthorized access to server or account not belonging to user 

      2. unauthorized attempts to test the vulnerability of the network or security measures  

      3. attempts to interfere with service to Site user, host, or network, by any means 

    2. Violation of Security Rules could result in civil or criminal action.  

  4. Profile Setup: 

    1. Professional profiles in the directory require registration which proceeds our application process. For registration, The Fountain Fund will request information from you, including your name and email. True and accurate registration information must be provided. We will not share your registration information with third parties, except as necessary to provide you with the services you request or with your permission as provided in the Site Privacy Policy. 

    2. Sharing your account, username or password with anyone else is not allowed. You will be responsible for the actions of anyone who obtains your username and/or password to access the Site. You must notify The Fountain Fund immediately of any unauthorized use of your username and/or password by emailing thefoutainkc@gmail.com.  

    3. The Fountain Fund reserves the right to terminate any account that is understood to have been misleading of your business practices and services.  Your account and/or your access to the Site may be terminated at any time if The Fountain Fund determines, in good faith and in our sole discretion, to be necessary or appropriate. 

    4. You agree to provide accurate, current, and complete information during the profile submission process and at all other times when you use the Site. You agree to update information to keep it accurate, current, and complete.  

​

Rights Reserved 

The Fountain Fund reserves all rights to all materials on the Site, including but without limitation: 

  1. written content  

  2. logo, text, and all other graphical and design elements to include the Site's "look and feel" 

  3. service marks and trademarks.  

You acknowledge and agree that these Terms of Use and your use of the Site in no way convey any right, title or interest to you in any materials on the Site, including, without limitation, any statutory or common law copyright, patent or other intellectual property right in such materials. 

​

Disclaimer 
  1. The Fountain Fund makes no representations or warranties regarding the Site and materials on the Site. The Site is provided “as is” and “as available”. We make no warranty about the accuracy, reliability, completeness, availability, or timeliness of the Site.  

  2. The Site is not intended to be a substitute for formal professional advice. The Fountain Fund is not liable for any loss or damage caused by any reliance on the information obtained through the Site. It is the responsibility of Site users to evaluate and verify the accuracy, completeness, or usefulness of any information obtained through the Site.  

  3. You are solely responsible for the content of any posting you make to the Site and any consequences arising from such posting. The Fountain Fund assumes no responsibility for materials posted by our users or any other actions, conduct, or omissions of our users. We act as a service provider for users to distribute materials. We do not undertake responsibility for screening or monitoring our users' materials. 

  4. The Fountain Fund explicitly disclaims any responsibility for the accuracy, content, or availability of information found on a site that links to or from the Site (a "third-party site"). Within the Site we may offer links to third-party sites that offer various products and/or services in which we cannot ensure users satisfaction with purchases or experiences from such a third-party site as they are owned and operated by others. The Fountain Fund does not endorse any of such products or services, nor have we verified accuracy or reliability of any of the information contained on any third-party sites. We do not make any representations or warranties as to the security of any information users might be requested to provide a third-party site. It is strongly encouraged that users make their own investigation of third-party sites before proceeding with any transaction with such third parties. The Fountain Fund does not endorse any third party within our Site We do not make any representations or warranties with regard to any materials posted by our directory members. The information in our directories is provided exclusively by participating professionals.  

  5. Your use of the Site, the Internet, any materials you post or access via our Site and your conduct online or offline are at your own risk. 

​

Indemnification 

You agree to indemnify and defend The Fountain Fund, and our directors, officers, employees, consultants, volunteers, and trainers against any costs, expenses, claims, judgments, settlements and damages arising out of or related to your use of the Site, any materials posted to the Site, or provided to other users by you or any violation of these Terms of Use. 

​

Limitation of Liability 

The Fountain Fund nor any of our officers, directors, employees, consultants, volunteers, or trainers will be liable for any claim, loss, or damage, direct or indirect, including but without limitation, consequential, punitive, special, incidental, or compensatory arising out of or in connection with these Terms of Use. You understand and acknowledge that your sole and exclusive remedy to any defect or dissatisfaction with the Site or its materials is to cease use of Site and its materials.  

​

Governing Law and Jurisdiction 

These Terms of Use and all matters arising out of, relating to, or in connection with these Terms of Use shall be governed by and construed in accordance with the laws of the State of Missouri without regard to choice of law principles. Each party irrevocably consents and agrees that any legal action, suit or proceeding against either of them arising out of, relating to or in connection with Terms of Use will be construed and enforced in accordance with Missouri law.  

​

Amendment 

The Fountain Fund may change these Terms of Use at any time by providing notification of changes on the Site and e-mail them to registered users. Your continued use of the Site after the posting on the Site of any changes, whether you have received notification by email, indicates your acceptance of such changes. 

​

​

Date Last Updated: March 25, 2024 

  • alt.text.label.Facebook
  • alt.text.label.Instagram

The Fountain Fund is a registered 501(c)3 nonprofit organization.

©2023 by The Fountain Fund, Inc.

bottom of page