Terms of Use

These Terms of Use (“Terms”) govern your use of foundationtms.com (the “Site”), operated by OTR Insights, which offers Foundation TMS. By using the Site, you agree to these Terms. If you do not agree, please do not use the Site.

These terms cover the website only

These Terms apply only to the Site. If you purchase Foundation TMS, your use of the software, hosting and related services is governed by a separate written customer agreement, which controls if it conflicts with these Terms.

Using the Site

You may use the Site for lawful purposes, such as learning about Foundation TMS and contacting us. You agree not to:

• use the Site in violation of any law;
• submit false or misleading information, or information you have no right to share;
• attempt to gain unauthorized access to the Site, its systems or data;
• interfere with the Site's operation, including by introducing malware or overloading it with automated requests; or
• copy or scrape the Site's content for commercial use without our permission.

Information on the Site

Content on the Site is provided for general information. Pricing shown on the Site is presented as ranges; the price for your install is set in a written proposal or agreement. Features, integrations and timelines depend on the scope agreed with each customer. Nothing on the Site is an offer that can be accepted to form a contract.

Comparisons and cost estimates

Our comparison pages and TMS cost calculator describe other companies' products using publicly available sources as of the date shown on each page. Competitor products, prices and features may change, and we do not guarantee that this information is complete or current; please confirm details with each vendor. Cost calculator results are illustrative estimates, not quotes. Trademarks and product names of other companies belong to their respective owners and are used only to identify those products; their use does not imply any affiliation with or endorsement by those companies.

Intellectual property

The Site and its content, including text, graphics, screenshots and the Foundation TMS name, are owned by OTR Insights or its licensors and are protected by intellectual-property laws. You may view and print pages for your own internal business evaluation. Any other use requires our prior written permission. Third-party names and logos shown on the Site, such as integration partners, belong to their respective owners.

Information you send us

You are responsible for the information you submit through the Site. We handle personal information as described in our Privacy Policy. If you send us suggestions or feedback, we may use them without any obligation to you.

Third-party websites

The Site links to websites we do not control. We are not responsible for their content, policies or practices.

No warranties

The Site is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the Site will be uninterrupted, error-free or free of harmful components.

Limitation of liability

To the fullest extent permitted by law, OTR Insights will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or business opportunities, arising from or related to your use of the Site, even if we have been advised of the possibility of such damages. Our total liability for any claim relating to the Site will not exceed one hundred U.S. dollars (US$100). Some jurisdictions do not allow certain limitations, so some of these limits may not apply to you.

Indemnity

You agree to indemnify and hold harmless OTR Insights from claims, losses and expenses (including reasonable attorneys' fees) arising from your misuse of the Site or your violation of these Terms.

Governing law

These Terms are governed by the laws of the United States and the state in which OTR Insights is organized, without regard to conflict-of-law rules.

Changes to these Terms

We may update these Terms from time to time. When we do, we will change the “Last updated” date above. Continuing to use the Site after an update means you accept the revised Terms.

Contact

Questions about these Terms: email steve@otrinsights.com.