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Futureman LLC Terms Of Use Agreement

 

Last Revised: February 22, 2024

 

BY ACCEPTING THIS TERMS OF USE AGREEMENT (THESE "TERMS") OR USING OUR SERVICES (DEFINED BELOW), YOU UNDERSTAND THAT THIS IS A LEGALLY BINDING INSTRUMENT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS HEREIN. PLEASE READ THESE TERMS OF USE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.

 

FUTUREMAN LLC (HEREINAFTER “FUTUREMAN,” “WE,” “US,” or “OUR”) PROVIDES SERVICES (DEFINED BELOW) WHICH ARE INTENDED SOLELY FOR USERS WHO ARE 13 YEARS OF AGE OR OLDER. ANY REGISTRATION FOR, OR USE OF, FUTUREMAN LLC SERVICES BY ANYONE UNDER THE AGE OF 13 IS UNAUTHORIZED, UNLICENSED, AND IN VIOLATION OF THESE TERMS. YOU CERTIFY THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE OR, IF YOU ARE BETWEEN THE AGES OF 13 AND THE LEGAL AGE OF MAJORITY, THAT YOU ARE USING THE FUTUREMAN SERVICES WITH THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS, AND THAT YOU HAVE REVIEWED THESE TERMS WITH YOUR PARENT OR GUARDIAN SO THAT YOU BOTH UNDERSTAND ALL OF YOUR RIGHTS AND OBLIGATIONS.

 

1. YOU MUST AGREE TO THIS TERMS OF USE AGREEMENT PRIOR TO USING OUR SERVICES AND/OR PLAYING OUR GAMES

 

These Terms inform you of the terms, conditions, disclaimers, notices and policies that apply to your access and use of Futureman‘s VR game (the “Game”) located at www.jbshookandring.com (the “Site”), and any and all services related thereto provided by Futureman on any platform or medium, collectively referred to as the “Services” in these Terms. The Game may be playable by one or more persons (each a “User”) simultaneously and the conduct of all such Users while playing the Games or using the Site is governed by these Terms. For the avoidance of doubt, any use of “you” or “your” in these Terms means you, the user of any of our Services.

 

These Terms are a binding contract between you and Futureman that provide for important rights and obligations. By clicking on the "Agree" button and completing the registration process and/or accessing, browsing, and/or using the Services and/or playing, downloading our Game, you represent to Futureman that you have read, understood and agree to be bound by these Terms and all applicable local, state, national and international laws and conventions, including without limitation all intellectual property laws. Futureman reserves the right, at its sole and absolute discretion, to deny any User access to the Services, without notice. If you violate any of these Terms, we may, at our option, give you a warning notice of violation or terminate your account immediately for violation of these Terms. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT ACCESS OR USE OUR SERVICES.

 

If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or that entity violate these Terms. 

 

2. ELIGIBILITY TO ACCEPT THESE TERMS AND USE OUR SERVICES

 

By your use of the Services, you agree that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to understand and accept these Terms as a binding contract and to abide by all Terms.

 

3. FUTUREMAN’S RIGHT TO MODIFY TERMS

 

We reserve the right to change or modify these Terms on a going-forward basis at any time and in our sole discretion.  If we make changes to these Terms, we will provide notice of such changes as appropriate, such as by sending an email notification to the address you’ve provided and/or notice through the Services.  If we make an administrative change, we may provide notice by updating the "Last Revised" date at the top of these Terms. The "Last Revised" date at the top of these Terms will indicate when the latest changes or modifications were made. 

 

Your continued use of the Services will confirm your acceptance of the revised Terms.  We encourage you to review these Terms from time to time to ensure you understand these Terms and conditions that apply to your access to, and use of, the Services. You may not modify these Terms without the prior written authorization of an officer of Futureman. It is your responsibility to check these Terms from time to time to determine whether the Terms have been modified. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THESE TERMS YOU MUST IMMEDIATELY CEASE USE OF THE SERVICES AND UNINSTALL ANY GAMES YOU MAY HAVE INSTALLED ON YOUR COMPUTER, VIRTUAL REALITY EQUIPMENT, OR SOCIAL NETWORK PROFILES.

 

4. PRIVACY POLICY

 

In order to provide the Services, we collect, use and disclose your personal data as described in our Privacy Policy available at [insert link to Futureman LLC privacy policy].  The Privacy Policy forms a part of and is hereby incorporated into these Terms.  Please read the Privacy Policy provided on the Site carefully. By using the Services, you are consenting to the Privacy Policy. 

 

5. OWNERSHIP OF THE SERVICES AND INTELLECTUAL PROPERTY

 

The Services contain copyrighted material, technology, marks, trade secrets and other proprietary information, which may include computer code, text, data, video, images, illustrations, animations, sounds, musical compositions and recordings, designs, audiovisual effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, color schemes, business methods and methods of operation, concepts, ideas, know-how, moral rights, and any related documentation (collectively the “Proprietary Material”). All intellectual property rights to the Proprietary Material, including patent, copyright, trademark and trade secret rights, are owned or licensed by Futureman.

 

The trademarks, services marks, trade names, trade dress, logos, custom graphics, and button icons (collectively, "Marks") contained, described on, or associated with our Services are the sole property of Futureman and/or our licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of us and/or our licensors.

 

You agree not to copy, download, reproduce, create derivative of, republish, upload, post, transmit, perform, display, distribute or sell, or in any other way exploit the Proprietary Material, or to participate with or to encourage others to engage in such acts, without the prior written consent of Futureman. Moreover, you may not recreate, reverse engineer, disassemble, decompile, or translate any portion of the Proprietary Materials, including any computer software programs that comprise Proprietary Material, or otherwise attempt to derive the source code of such programs. Nor may the Proprietary Material, or any portion thereof, be modified or used for any purpose other than as expressly authorized in these Terms. The Proprietary Material may include materials licensed by Futureman from third parties, and the licensors of those materials may enforce their rights in the event of any violation of these Terms. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THESE TERMS ARE RESERVED BY FUTUREMAN AND ITS LICENSORS.  

 

6.  LICENSE

 

Subject to your compliance with these Terms, Futureman grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use one copy of the Game on a device that you own or control and to run such copy of the Game solely for your own personal, non-commercial entertainment purposes. The Services are licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Services is contingent upon your compliance with these Terms. This license is not a license for redistribution,  if you distribute the Game or Services you are violating this license.

 

Updates. You understand that Futureman Services are evolving. As a result, Futureman may require you to accept updates to the Services that you have installed on your computer, virtual reality equipment or mobile device. You acknowledge and agree that Futureman may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.

 

 

7. PROHIBITED USER CONDUCT

 

Subject to the permitted use of the Services granted in these Terms, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Proprietary Materials, or remove any proprietary notices or labels from the Proprietary Materials or the Service. Failure to comply with the restrictions and limitations contained in this Section will result in the immediate, automatic termination of your access to the Services and may subject you to civil and/or criminal liability.

 

You further agree that you will not, under any circumstances:

 

(a) frame or otherwise display any portion of the Proprietary Materials or Services without prior authorization;

 

(b) sell, grant a security interest in, or transfer reproductions of all or any portion of Proprietary Materials or the Services to other parties in any way not expressly authorized herein, nor shall you rent, lease or license all or any portion of Proprietary Materials or the Services to others;

 

(c) use any robot, spider, crawler, scraper, or other automated means or interface not provided or authorized by us to access the Proprietary Materials or Services or to extract data;

 

(d) exploit the Services or any of its parts for any commercial purpose whatsoever without the express prior written authorization of Futureman;

 

(e) host, provide, or develop services for or using the Proprietary Materials or the Services, or intercept, emulate, or redirect the communication protocols used by Futureman in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying, or adding components to the Proprietary Materials or the Services, use of a utility program or any other techniques now know or hereafter developed, for any purpose, including without limitation unauthorized access in any form over the Internet;

 

(f) develop or allow any malware, adware, spyware, Trojan Horses, cancelbots, other automated “bots”, “auto players”, cheat utilities, spoofers, keyloggers, or other circumvention devices to be present on any machine used to access the Services; and/or to attempt to upload/utilize such devices against the Services;

 

(g) facilitate, create, or maintain any unauthorized connection to the Services, or any portion thereof, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, the Services. All connections to the Services, or any portion thereof, may only be made through methods and means expressly approved by Futureman. Under no circumstances may you connect, or create tools that allow you or others to connect to the Services, or any portion thereof, other than those expressly provided by Futureman;

 

(h) collect, harvest, scrape or capture any User information, email addresses, or other personal data of the Users to send unsolicited emails or any other communication, whether this is done for commercial gain;

 

(i) use the Services in connection with any contests, surveys, chain letters, pyramid schemes, or other similar services, whether or not they are used for commercial gain;

 

(j) use the Services in a manner prohibited by any applicable law or government regulation, or by these Terms; or

 

(k) you shall not access the Proprietary Materials or the Services in order to build a similar or competitive website, application or Service.

 

We are not responsible for and do not endorse the opinions, advice and/or recommendations displayed or sent by Users on our Services, including on any public forum and decline any responsibility in this regard.

 

 

8. PAYMENTS AND THIRD-PARTY PAYMENT PROCESSOR

 

We use Oculus as a third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services).  By purchasing or subscribing to any of our Services, you agree to be bound by Oculus’ Privacy Policy: https://www.meta.com/legal/quest/privacy-policy-for-oculus-account-users/?utm_source=www.meta.com&utm_medium=organicsearch and Terms of Service: https://www.oculus.com/legal/terms-of-service/, and hereby consent and authorize the Futureman and Oculus to share any information and payment instructions you provide with one or more third party service provider(s) to the minimum extent required to complete your transactions.

 

Futureman fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under these Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Futureman or its payment processor, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Futureman for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this Section, "Sales Tax" shall mean any sales or use tax, and any other tax measured by sales proceeds, that Futureman is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

 

 

9. LINKS TO THIRD-PARTY WEBSITES AND APPLICATIONS

 

Solely as a convenience to Users, the Services may contain links to third-party websites, applications or other third-party services, and you understand that by accessing third-party links, you may be exposed to content that is offensive, harmful, inaccurate, or otherwise inappropriate. You understand and agree that we are not responsible or liable for the availability or accuracy of such third-party properties or the content, products, or services made available through such properties. We do not endorse or control such third-party properties and we make no representations or warranties of any kind regarding such properties. If you access or use any third-party properties, you should also be aware that such third parties’ terms and policies will govern.

 

 

10. HEALTH AND SAFETY

 

Some VR games involve intense physical activity, and you may want to consult your doctor before playing. Make sure that you play in a well-lit room and moderate the brightness of your screen. When You play a video game requiring connection to a screen, play at a good distance from the screen and as far away as the connection lead allows. While using the game, take breaks of 10 to 15 minutes every hour.

 

Epilepsy warning: In addition, some individuals may have epileptic seizures including, in certain cases, with loss of consciousness, particularly when exposed to strong luminous stimulations (rapid succession of images or repetition of simple geometrical figures, flashes or exposures). Such individuals are exposed to risks of seizures when they play certain video games containing such luminous stimulations; consult your doctor before any use. Parents must also pay particularly close attention to their children when they play video games. If You or your child present one of the following symptoms: dizziness, vision problems, contraction of the eyes or muscles, disorientation, involuntary movement or convulsions or momentary loss of consciousness, You should immediately stop playing and consult a doctor.

 

ADDITIONAL HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS MAY BE PROVIDED BY THIRD PARTY DEVICE MANUFACTURERS AND GAME PLATFORMS ON WHICH YOU MAY ACCESS THE SERVICES. YOU REPRESENT AND WARRANT THAT YOU WILL READ ALL SUCH HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS BEFORE USING THE SERVICES.  YOU ARE SOLELY RESPONSIBLE FOR READING AND FOLLOWING ANY AND ALL INSTRUCTIONS PROVIDED BY OCULUS, AVAILABLE AT HTTPS://WWW.META.COM/QUEST/SAFETY-CENTER/#SAFETY, OR PROVIDERS OF OTHER VIRTUAL REALITY HEADSETS, PRIOR TO CONNECTING TO AND USING THE SERVICES. Futureman has no responsibility or liability to you related to the functionality of any virtual reality headset provided by a third party (e.g., Futureman is not responsible for any malfunction of or physical damage to such a device as the result of perspiration or any moisture that might affect how the device works, or for any other reason). 

 

This section is for informational purposes only and is not intended to be a substitute for professional medical advice.

 

11. USE OF THE SERVICES OUTSIDE OF THE UNITED STATES

 

The Services are controlled and operated by Futureman in the State of Illinois, United States of America. Futureman makes no representations or warranties, either express or implied, that Services and other materials available through the Services are appropriate, legally permissible or available for use in other locations. Those who choose to access the Service from other locations do so at their own risk and are responsible for compliance with all federal, state and local laws.

 

Whether or not you use the Services inside the United States of America, you agree to abide by any applicable export control laws and not to transfer, by electronic transmission or otherwise, any software or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

 

You represent and warrant that you (a) are not identified on the Office of Foreign Assets Control’s Specially Designated Nationals List ("SDN List"), (b) are not placed on the U.S. Department of Commerce’s Denied Persons List or Entity List or any other U.S. export control list, (c) will not use IP proxying or other methods to disguise the place of your residence, (d) will not use the Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms and (e) have not previously had your right to use the Services suspended or terminated.

 

12. DISCLAIMERS       

 

(a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY ACCOMPANYING DOCUMENTATION AND MATERIAL ARE BEING PROVIDED TO YOU “AS IS” AND "AS AVAILABLE", WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE INTENDED GENERALITY OF THE PRECEDING SENTENCE, FUTUREMAN PARTIES (DEFINED IN SECTION 18 BELOW) DO NOT WARRANT THAT THE SERVICES OR ANY PORTION THEREOF (i) WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED; (ii) IS COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (iii) ARE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (iv) ARE FREE OF DEFAMATORY, DEROGATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL THAT SOME INDIVIDUALS MAY DEEM OFFENSIVE OR OBJECTIONABLE. TO THE FULLEST EXTENT ALLOWED BY LAW, THE FUTUREMAN PARTIES DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT.

 

(b) FUTUREMAN PARTIES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL FUTUREMAN PARTIES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMIATION, DAMAGE TO PROPERTY, PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF THE SERVICES, OR ANY TRANSACTIONS BETWEEN OR AMONG YOU AND OTHER USERS, WHETHER ONLINE OR OFFLINE.

 

(c) THE SERVICES ARE CONTROLLED AND PROVIDED BY FUTUREMAN FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. FUTUREMAN PARTIES MAKE NO REPRESENTATION THAT THE SITE OR THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. IF YOU ACCESS OR USE THE SITE OR THE SERVICES FROM OUTSIDE THE UNITED STATES, YOU DO SO VOLUNTARILY AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS APPLICABLE TO YOUR LOCATION.

 

(d) THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

 

(e) Medical Disclaimer. IN SUBSCRIBING TO OR OTHERWISE USING THE SERVICES, YOU AFFIRM THAT EITHER YOUR PHYSICIAN HAS APPROVED YOUR USE OF THE SERVICES OR THAT ALL OF THE FOLLOWING STATEMENTS ARE TRUE: (I) NO PHYSICIAN HAS EVER INFORMED YOU THAT YOU HAVE A HEART CONDITION OR THAT YOU SHOULD ONLY DO PHYSICAL ACTIVITIES RECOMMENDED BY A PHYSICIAN; (II) YOU HAVE NEVER FELT CHEST PAIN WHEN ENGAGING IN PHYSICAL ACTIVITY; (III) YOU HAVE NOT EXPERIENCED CHEST PAIN WHEN NOT ENGAGED IN PHYSICAL ACTIVITY AT ANY TIME IN THE PAST MONTH; (IV) YOU HAVE NEVER LOST YOUR BALANCE BECAUSE OF DIZZINESS AND YOU HAVE NEVER LOST CONSCIOUSNESS AS A RESULT OF EXERTION; (V) YOU DO NOT HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN YOUR PHYSICAL ACTIVITY; (VI) YOUR PHYSICIAN IS NOT CURRENTLY PRESCRIBING DRUGS FOR YOUR BLOOD PRESSURE OR HEART CONDITION; (VII) YOU DO NOT HAVE A HISTORY OF HIGH BLOOD PRESSURE; AND (VIII) YOU DO NOT KNOW OF ANY OTHER REASON YOU SHOULD NOT EXERCISE.

 

(f) Play Space Environment Disclaimer.  ALWAYS BE AWARE OF YOUR SURROUNDINGS BEFORE BEGINNING USE AND WHILE USING YOUR HEADSET. IN USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR CREATING AND MAINTAINING A SAFE ENVIRONMENT FOR USE AT ALL TIMES. BECAUSE SERIOUS INJURIES MAY OCCUR FROM TRIPPING OR RUNNING INTO OR STRIKING WALLS, FURNITURE, OTHER OBJECTS OR PEOPLE, CLEAR AN AREA FOR SAFE USE BEFORE USING YOUR HEADSET. PLEASE TAKE SPECIAL CARE TO ENSURE THAT YOU ARE NOT NEAR ITEMS THAT YOU MAY HIT OR STRIKE, OR AREAS WHICH MAY CAUSE YOU TO LOSE YOUR BALANCE WHEN USING, OR IMMEDIATELY AFTER USING, YOUR HEADESET, LIKE OTHER PEOPLE, OBJECTS, STAIRS OR STEPS, RAMPS, SIDEWALKS, BALCONIES, OPEN DOORWAYS, WINDOWS, FURNITURE, OPEN FLAMES, CEILING FANS OR LIGHT FIXTURES, TELEVISIONS OR MONITORS, OR OTHER THINGS. TAKE APPROPRIATE STEPS TO PREVENT PEOPLE OR PETS WHO DO NOT UNDERSTAND YOUR PERCEPTIONS ARE LIMITED FROM ENTERING YOUR PLAY SPACE.

 

(g)  No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT FUTUREMAN PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD FUTUREMAN PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES OR PLATFORMS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

 

(h)  No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT FUTUREMAN DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF FUTUREMAN LLC SERVICES.

 

(i) FROM TIME TO TIME, FUTUREMAN MAY OFFER NEW "BETA" FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT FUTUREMAN’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

 

13. LIMITATION OF LIABILITY

 

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL FUTUREMAN, AND ITS AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, SUPPLIERS, PARTNERS, AND LICENSORS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS (THE “FUTUREMAN PARTIES”) BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT FUTUREMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SERVICES; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (4) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.  YOU UNDERSTAND AND AGREE THAT FUTUREMAN PARTIES CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR A DISRUPTION OF SERVICE. 

 

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE FUTUREMAN PARTIES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (US$100) OR THE AMOUNT YOU PAID US TO USE THE SERVICES.

 

THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.  THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. 

 

EXCEPT FOR FUTUREMAN’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE FUTUREMAN PRIVACY POLICY, FUTUREMAN PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FUTUREMAN AND YOU.

 

14. INDEMNIFICATION

 

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Futureman Parties, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney fees) arising from your (i) use of the Services, (ii) your violation of any of these Terms or any other applicable terms, policies, warnings or instructions provided by Futureman or a third party in relation to the Services, (iii) your violation of any third-party right, including without limitation any copyright, trade secret, privacy or property right, or any claim that your  feedback caused damage to a third-party, or (iv) your violation of any applicable laws, rules or regulations. Futureman reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Futureman in asserting any available defenses. You agree that the provisions in this Section will survive any termination of your account, the Terms and/or your access to the Services.

 

15. GENERAL PROVISIONS

 

You agree that the Services shall be deemed exclusively based in the State of Illinois, USA, and these Terms shall be deemed to have been made and executed exclusively in the State of Illinois, USA. Any dispute arising out of these Terms shall be resolved in accordance with the laws of the State of Illinois, USA without reference to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Futureman agree that all claims and Disputes arising out of or relating to these Terms will be litigated and maintained exclusively in the state or federal courts located in Chicago, Illinois, having subject matter jurisdiction with respect to such Dispute. You and Futureman agree to submit to the personal jurisdiction of such court. The prevailing party in any such proceeding shall be entitled to reimbursement of court costs, including a reasonable attorney fee, in addition to any other remedy awarded.

 

In the event any provision of these Terms shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extend permissible and the remaining portions of these Terms shall remain in full force and effect. You may not transfer or assign any of your rights or obligations provided in these Terms without the express prior written approval of Futureman; Futureman may assign these Terms without restriction of any kind. No failure on the part of Futureman to enforce any provision of these Terms shall be deemed a waiver or consent. These Terms constitute and contain the entire agreement and understanding between you and Futureman with respect to the subject matter hereof and supersedes any prior oral or written agreements or understandings.  Futureman shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, plague, fear of plague, fuel, energy, labor, or materials.  All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms and/or the Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

 

16. ELECTRONIC COMMUNICATIONS

 

The communications between you and Futureman LLC take place via electronic means, whether you visit the Services or send Futureman e-mails, or whether Futureman posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Futureman in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Futureman provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

 

17. CONSUMER COMPLAINTS

 

In accordance with California Civil Code §1789.3, California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

 

18. NOTICE

 

Where Futureman requires that you provide an e-mail address, you are responsible for providing Futureman with your most current e-mail address. In the event that the last e-mail address you provided to Futureman is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, Futureman’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Futureman by email to the following address: support@futuremandigital.com

 

19. CONTACT US

 

If you have any questions or concerns regarding these Terms or the Services, please contact us by email at support@futuremandigital.com.

 

I HEREBY ACKNOWLEDGE THAT I HAVE READ IN ITS ENTIRETY AND UNDERSTAND THE FOREGOING TERMS. I AGREE THAT BY BROWSING, INSTALLING OR USING THE SERVICES, I AM ACKNOWLEDGING MY AGREEMENT TO BE BOUND BY THESE TERMS OF USE AGREEMENT.

 

 End of Terms of Use Agreement