This website is operated by Backend CPG, LLC (“Profounder”). Throughout the website (the “Website”), the terms “we”, “us” and “our” refer to Profounder. Profounder offers the Website, including all information, tools and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting the Website, you engage in our “Service” and agree to be bound by the following terms and conditions (these “Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including, without limitation, our Privacy Policy. These Terms of Service apply to all users of the Website.

Please read these Terms of Service carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our discretion, to update, change, remove or replace any part of these Terms of Service by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

The information provided on this Website or in any communication containing a link to this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Profounder or its affiliates to any registration requirement within such jurisdiction or country. All material on this Website is information of a general nature and does not address the circumstances of any particular individual or entity and should not be relied upon or used as the sole basis for making decisions.

Nothing on this Website constitutes professional, investment and/or financial advice, nor does any information on this Website constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. No action should be taken or omitted to be taken in reliance upon information on this site. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstance. Any reliance on the material on the Website is at your own risk.

General Conditions
You may not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. You must not interfere or tamper with the functioning of the Website, nor may you attempt to gain access to information or control of the Website not specifically granted to you.

You must not knowingly provide or post any false, misleading, or fraudulent information.

Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.

A breach or violation of any of the Terms will result in an immediate termination of our Services to you.

Nothing on this Website constitutes or forms a part of any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities, nor should it or any part of it form the basis of or be relied upon in any connection with any contract or commitment whatsoever.

Errors, Inaccuracies and Omissions
THIS WEBSITE AND THE INFORMATION CONTAINED HEREIN ARE PROVIDED "AS IS." NEITHER PROFOUNDER NOR ANY OF ITS AFFILIATES IS PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THIS WEBSITE. PROFOUNDER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE. PROFOUNDER AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION.

Profounder cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Information Submitted to Profounder
You acknowledge that you are responsible for any material you may submit via the Website or otherwise to us, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Website or otherwise communicate to Profounder any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not upload commercial content onto the Website.

Profounder cannot agree to obligations of confidentiality or non-disclosure with regard to information submitted to us. By submitting information or materials to Profounder, you and anyone acting on your behalf, agree that any such information or materials will not be considered confidential or proprietary. Profounder is not obligated to review any information or materials sent to us, Profounder reserves the right to reject information or materials in its sole discretion and Profounder will be under no obligation to return any information or materials to you. It is possible that Profounder will receive a number of similar plans and ideas; you understand that your idea may have previously been submitted to Profounder and may be under our consideration. In no event will Profounder be limited or restricted from pursuing any opportunities with others.

Performance Information
An investment with Profounder is not a complete investment program, is highly speculative and involves significant risk, including, but not limited to, the risk of a complete loss of invested capital.
Certain prior investment performance information may be included on the Website. Please note that such information is not indicative of potential outcomes and is not a guarantee that a future investment will, or will not, attain similar results to those achieved in the past.

Electronic Communications
When you visit our Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or through other electronic means. You understand and agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

Controlled Areas
Access to specific areas of our Website requires the use of a username and associated password. If you have a username and password, you are responsible for the activities that occur in connection with their usage and as such should take steps to protect them from misuse. If you become aware of any unauthorized use of, loss or theft of your username and password, you must immediately inform a representative of Profounder.

In addition, access to certain areas of our Website may be subject to additional or differing restrictions, which you are encouraged to read carefully.

Privacy
Your submission of personal information to us is governed by our Privacy Policy. We generally record certain usage information, such as the number and frequency of visitors to this website. This information may include the websites that you access immediately before and after your visit to our website, the Internet browser you are using, and your IP address. If we use such data at all, it will be on an aggregate basis, and we will not disclose to third parties any information that could be used to identify you personally.

Our Website may employ cookies or other technology to gather information about the usage of our Website to help us improve the content, usability and functionality of our website, and to remember certain user attributes. This helps us better tailor our Website for users and better understand how many new and repeat users visit our website, which features or pages are most popular, and user browsing and usage patterns. You can set your Internet browser to prompt you before you accept a cookie, accept cookies automatically or reject all cookies. However, if you choose not to accept cookies from our Website then you may not be able to access and use all or part of our Website or benefit from the information and services which it offers.

If you voluntarily submit information to us (for example, in connection with a request for general information), we may record and use personally identifiable information, such as your name, phone number and e-mail address, for reasonable business purposes, including for the purpose of fulfilling your request. We will not use your personally identifiable information for any other purpose without your permission.

We may use internal service providers to operate our Website and employ other persons to perform work on our behalf, such as sending postal mail and e-mail. These persons may have access to your personally identifiable information that you submit through our website, but only for the purpose of performing their duties. These persons may not use your personally identifiable information for any other purpose.

We will not provide any of your personally identifiable information to any other persons, except if we are required to make disclosures to third parties (including the government) in connection with a lawsuit, subpoena, investigation or similar proceeding. We can, and by visiting our Website you authorize us to, disclose any such information in those circumstances.

This Website may contain links to sites owned and operated by other parties. Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for these websites. We have no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of these Terms. We do not make any representation or warranty about the content or accuracy of the material on any such site. We disclaim all liability and responsibility for any third-party materials or websites, and for any other materials, products, and services of third parties. We also disclaim all liability and responsibility for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party website’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. Viewing and any action taken on such third-party websites is entirely at your own risk.

As noted above, certain portions of our Website may be subject to different practices or restrictions, which you are encouraged to read carefully.

Ownership
All material on this Website, including, without limitation, the texts, marks, logos, slogans, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes is copyrighted by, is and shall remain the exclusive property of and owned by Profounder or our affiliated companies, licensors or content providers, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.

Except as expressly provided herein, nothing contained on the Website shall be interpreted or construed as granting you a license or a right to use any such content of the Website.

All of the content made available through the Website, including, but not limited to, all text and images (“Content”), and all software used to make the Website available are and shall remain the property of Profounder and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Other than as necessary for the purpose of viewing this Website in the course of a business, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Service, all or any part of the Website, or any Content made available through the Website. If you download any information or software from this Website for personal use, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.

Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of Profounder or are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Profounder. Your use of any Content, except as provided in these Terms of Service, without the written permission of the Content owner is strictly prohibited. The trade names, trademarks and service marks owned by Profounder, whether registered or unregistered, may not be used in connection with any product or service that is not Profounder’s product or service. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Profounder’s trade names, trademarks or service marks without our express prior written consent. Profounder will aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send to us a written notice by mail or email to the respective addresses set forth below requesting that we remove such material or block access to it. If you believe in good faith that Profounder has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.

Local Restrictions
Legal requirements in various countries and jurisdictions which may restrict the information which Profounder can lawfully provide the user. Persons into whose possession the information in this Website comes should inform themselves about and observe any restrictions imposed in the jurisdiction in which the Website is accessed.

Entire Agreement
These Terms of Service and all policies (including the Privacy Policy) and operating rules posted by us on the Website or with respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Applicable Law
By visiting Profounder's website, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Profounder.

Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Liability and Indemnification
Neither Profounder, nor any of its affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this site, or resulting from the act or omission of any other party involved in making this Website or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of this Website or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Profounder or of any vendor providing software or services support. In no event will Profounder, its affiliates or any such parties be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind even if Profounder or any other party have been advised of the possibility thereof and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability or otherwise.

You agree to indemnify, defend and hold harmless Profounder and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, arising from or related to your use of the Website; any material you transmit using the Website; or your violation, breach or alleged violation or breach of these Terms of Service, including any claim or liability under the telephone consumer protection act, 47 U.S.C. § 227, et seq., or similar state and federal laws, and any regulations promulgated thereunder resulting from us attempting to contact you at the mobile telephone number you provided.

Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination
These Terms of Service are effective until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using the Website.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate these Terms or our Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

You agree that Profounder, in its sole discretion, may terminate your username, password, account (or any part thereof), or use of the Website, and remove and discard any content within the Website, at any time and for any reason. In such event and with respect to any use of the Website on a mobile device, you must immediately remove the Website from your mobile device, including all component parts.

Questions
If you have any questions regarding these Terms of Service, please contact us by e-mail at info@profounderco.com.