Introduction
This website (“Website or app”) is managed by FutureThinkNow LLC, a Delaware (U.S.) limited liability company located at 919 North Market Street, Wilmington 19801 (“FTN” or “we” or “us”). For the purposes of these Terms & Conditions, the company FutureThinkNow LLC shall be referred to as “FTN” throughout the document.
Please carefully read these Terms & Conditions before using the Website. By accessing any part of the Website, you are considered to have fully accepted these Terms & Conditions, regardless of whether you choose to register as a member on the Website or not. If you do not accept these Terms & Conditions, please leave the Website immediately.
This should clarify that the abbreviation “FTN” will be used to represent your company, FutureThinkNow LLC, throughout the Terms & Conditions document. However, please consult with a legal professional to ensure compliance with U.S. law and to make any necessary adjustments to the Terms & Conditions.
FTN may revise these Terms & Conditions at any time by updating this posting on the Website. Your continued use of the Website after any such changes signifies your acceptance of the updated Terms & Conditions, and they shall be binding on you. Therefore, you should periodically check the Website to review the current Terms & Conditions. These Terms & Conditions were last updated in January 2021.
Disclaimer
While FTN strives to ensure the Website is available 24 hours a day, it will not be held responsible if the Website is unavailable at any time or for any duration. Access to the Website may be temporarily suspended without notice due to system failure, maintenance, repair, or any other reasonable cause.
You acknowledge that while FTN endeavors to ensure the accuracy and completeness of information on the Website and any related materials provided to you by FTN, whether by email or otherwise (“FTN Materials”), they are provided for general information only, are not intended to address your specific needs, and do not constitute any form of advice or recommendation by FTN. You acknowledge that you should not rely on the FTN Materials for making (or refraining from making) any specific investment or other business or personal decisions, and professional advice should be sought before making any such decisions. Finally, you acknowledge that some content may be supplied by third parties and its accuracy and completeness may not have been verified by FTN.
FTN will use reasonable efforts to ensure the Website and FTN Materials do not contain or propagate any viruses or other malicious code. However, it is recommended that you regularly check for viruses and other malicious code in all materials and ensure your computer software and hardware, as well as telecommunications equipment, are protected.
Use of Website Content
All intellectual property rights in the FTN Materials are reserved by FTN, its licensors, or users (as applicable).
You agree that your use of the FTN Materials shall be in accordance with the following permitted uses:
Viewing them on a computer screen and printing no more than one copy of them;
Downloading and storing the content on your device’s hard disk or portable media, only if and to the extent specifically granted permission in the relevant FTN Materials;
Making only such other use of them as may be specifically authorized in the FTN Materials.
You agree not to distribute, reproduce, modify, store, transfer or use any of the FTN Materials in any other way, including as part of any database, library, news, information, archive, website, or similar service.
User-Generated Content
The Website provides pages where you can post content for private, non-commercial exchange of lawful, relevant, fair, and appropriate information, opinions, and comments. Inconsistent use of the Website is strictly prohibited. By submitting any content to the Website, you:
Grant FTN the right to use such content and all material embodied therein for any purpose, including editing, copying, reproducing, translating, disclosing, posting, and/or removing such content from the Website, and waive all moral rights under the Copyright, Design, and Patents Act 1988;
Warrant to FTN that all such content complies with the provisions of these Terms & Conditions;
Acknowledge that FTN may require you to confirm the above rights and warranties within seven days of any request.
FTN reserves the right to refuse or remove any content posted on the Website at its sole discretion. FTN accepts no responsibility for any statements, material, or other submissions placed on the Website by users.
Links to and from Other Websites
Links on the Website to third-party websites are provided solely for your convenience. FTN has not reviewed these third-party websites and does not control and is not responsible for their content or availability. FTN does not endorse or make any representations about them, any material found there, or any results obtained from using them. Accessing any third-party websites linked to the Website is at your own risk.
You may link to the homepage of the Website, subject to the following conditions:
Do not replicate the home page of the Website;
Do not imply any endorsement by FTN without its written consent or misrepresent your relationship with FTN;
Do not use any logos or trademarks displayed on the Website without FTN’s express written permission;
Do not link from a website not owned by you;
Ensure your website does not contain content that is distasteful, offensive, controversial, infringing on any intellectual property rights, or otherwise inconsistent with these Terms & Conditions.
FTN reserves the right to withdraw linking permission without notice.
Liability
To the extent permitted by law, FTN, its directors, employees, and other representatives will not be liable for any direct, indirect, consequential, or incidental damages, loss of profits, loss of data, or any other kind of loss or damage arising out of or in connection with your use of the Website or any FTN Materials. This limitation of liability applies whether such liability arises in contract, tort (including negligence), breach of statutory duty, or otherwise.
Indemnity
You agree to indemnify, defend, and hold harmless FTN, its directors, employees, and other representatives from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Website and the FTN Materials, your violation of these Terms & Conditions, or your infringement or violation of any rights of any third party.
Governing Law and Jurisdiction
These Terms & Conditions shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles. Any dispute arising out of or in connection with these Terms & Conditions, including any disputes regarding the existence, validity, or termination thereof, shall be subject to the exclusive jurisdiction of the competent courts of the State of Delaware.
Copyright Infringement
FTN respects the intellectual property rights of others and expects users of the Website to do the same. If you believe that any content on the Website infringes your copyright, please provide FTN with the following information:
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FTN to locate the material;
Your contact information, including your address, telephone number, and an email address;
A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
FTN’s designated agent for copyright infringement notices can be contacted at info@futurethinknow.com.
Termination
FTN reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. This includes, but is not limited to, instances where FTN believes you have violated or acted inconsistently with the letter or spirit of these Terms & Conditions. You agree that FTN shall not be liable to you or any third party for any termination of your access to the Website.
Severability
If any provision of these Terms & Conditions is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of the remaining provisions.
Entire Agreement
These Terms & Conditions, together with any other legal notices published by FTN on the Website, shall constitute the entire agreement between you and FTN concerning your use of the Website and the FTN Materials, and supersede any prior agreements, representations, or understandings between you and FTN.
Contact Information
If you have any questions or concerns about these Terms & Conditions, please contact FTN at [email address].
Miscellaneous
If any provision of these Terms & Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the other provisions, which shall remain in full force and effect. No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.
These Terms & Conditions constitute the entire agreement between you and FTN with respect to your use of the Website and the FTN Materials and supersede all previous agreements, understandings, and representations relating thereto. No oral explanation or oral information given by any party shall alter the interpretation of these Terms & Conditions.
FTN reserves the right to revise these Terms & Conditions at any time by updating this page. You should check the Website from time to time to review the current Terms & Conditions, as they are binding on you. Certain provisions of these Terms & Conditions may be superseded by expressly designated legal notices or terms located on particular pages of the Website.
Headquarters
FutureThinkNow, LLC
919 North Market Street
Suite950
Wilmington, DE 19801
United States
info@futurethinknow.com
North America Sales
ESP Trendlab
530 7th Ave. FL M1
New York, NY 10018
United States
+1- 646-934-1400
info@esptrendlab.com
European Sales
FutureThinkNow – Berlin
FuzzyCatfish GmbH
Urbanstr. 71
10967 Berlin
Germany
fuzzycatfishgmbh@gmail.com