These Terms of Service (“TOS“) are between Future of Good Media Inc. (“Future of Good”) and the entity or person agreeing to these TOS (“You”).
These TOS govern Your access to and use (“use”) of Future of Good’s Services (as further described below) via Future of Good’s website located at www.futureofgood.co (and the webpages within that website) (“Website”).
Future of Good’s services (“Services”) include (i) making the Website available to Future of Good’s end-users (“Users”), as well as any text, information, materials, data, video, graphics, pictures, music, logos, marks, designs, software, hyperlinks, embedded links, and other types of content (“Content”); (ii) providing newsletters to Users who subscribe or who elect to receive newsletters; and (iii) making available and/or providing to Users certain other products, features and offerings via the Website or offline.
You may contact Future of Good by e-mail at email@example.com with questions about these TOS.
Please read these entire TOS carefully before using services.
These TOS contain important information regarding Your rights and obligations, as well as conditions, limitations, and exclusions that might apply to You, including:
- disclaimers regarding the services and products; an indemnity from You;
- limitations on and exclusions of liability;
- an agreement to mandatory arbitration, which means that, to the extent permitted by law, You agree to submit any dispute related to peak relief or these TOS to binding
- arbitration rather than proceeding in court;
- a class action waiver, which means that, to the extent permitted by law, You agree to proceed with any dispute individually and not as part of a class action;
- a jury waiver; and
- a forum selection clause.
By using the services, registering, or by clicking the appropriate “accept”, “submit”, “join now”, or “subscribe” button, You are agreeing to be bound by these TOS. if You are agreeing to these TOS on behalf of another person or entity, then You represent and warrant to Future of Good that (i) You have the authority to bind that person or entity to these TOS; (ii) You have read and understand these TOS; and (iii) You agree, on behalf of such person or entity, to these TOS.
If You do not agree to be bound by any part of these TOS, You must not use the services and must cease any use of the services immediately.
1. YOU MUST BE OF LEGAL AGE
You may not use the Services, or order Products or additional Services, if You are not of legal age to form a binding contract under the jurisdiction under which You reside.
A) In order to use certain features of the Services, including viewing and receiving certain Content exclusive to Subscriptions, You must set-up an account with Future of Good (an “Account”). Accounts can be set-up (i) by creating a username and password, (ii) by providing Future of Good Your e-mail address and creating a password, or (iii) through a third party social networking service accounts (“SNS”), such as Facebook. Such login methods are referred to in these TOS as “Login Methods”. Future of Good reserves the right to reject any Account registration in Future of Good’s sole discretion.
B) If You create an Account, then You represent, warrant and covenant to Future of Good that: (i) You will provide true, accurate, current and complete information; (ii) You will maintain and promptly update the information You provide to Future of Good; and (iii) You will not enter any irrelevant data into any form or data entry field other than the data requested by Future of Good for such field. If You provide, or Future of Good reasonably suspects that You have provided, any information that is untrue, inaccurate, not current, or incomplete, then Future of Good has the right to suspend or terminate any Account and refuse any and all current or future use of the Services.
C) As part of Account setup, You may be asked to provide certain information, such as: name, address, e-mail, and location.
B) Future of Good collects, uses and discloses personal information about You for reasons that include making the Services available. For instance, as part of Services, You may be asked to provide certain information, such as: name, address, and e-mail address. Future of Good’s third party providers, such as its service providers, may receive Your personal information in order for Future of Good to provider Services.
5. LOG-IN METHODS
You are solely responsible for the confidentiality and security of Your Login Methods, and for all activities that occur under Your Account. Future of Good is not obligated to inquire as to the authority or propriety of any use of, or action taken under, Your Login Methods and/or Account.
6. LIMITED USE OF SERVICES; RESERVATION OF RIGHTS
Subject to the terms and conditions of these TOS, Future of Good may make available to You for Your use: (i) the online portion(s) of the Services available to Users that do not have an Account; and (ii) if You have registered, the online portions of the Services available to registration holders. Future of Good expressly reserves all rights not expressly granted in these TOS.
7. ACCEPTABLE USE; COMPLIANCE WITH LAWS
Future of Good has an Acceptable Use Policy regarding use of the Services (“Acceptable Use Policy”). The Acceptable Use Policy can be found below. You agree to abide by and not violate the Acceptable Use Policy. If You breach the Acceptable Use Policy, or any other provision of these TOS, Future of Good may take whatever steps we deem necessary to protect the Services, Future of Good, Future of Good’s business, Future of Good’s and its supplier’s infrastructure, and Future of Good’s other Users, including, suspending Your use of any of the Services and/or terminating Your Account. You agree that You are solely responsible for compliance with any and all laws, rules, and regulations, including any tax obligations, that may apply to Your use of the Services.
You can sign-up to receive Future of Good’s newsletters. The subscription begins on the day You subscribe to the newsletter and lasts until You unsubscribe or until Future of Good revokes the subscription. You acknowledge and agree that Future of Good may revoke any subscription at any time for any reason.
9. YOUR CONTENT AND FEEDBACK
A) In connection with Your use of the Services, You may have occasion to upload, submit, post, display, transmit, communicate, or otherwise make available to Future of Good (i) Content via the Services (“Your Content”); and (ii) ideas, suggestions, commentary or feedback regarding the Services (collectively, “Feedback”).
B) None of Your Content or Feedback may violate the Acceptable Use Policy, which can be found here.
C) You grant Future of Good a worldwide, perpetual, irrevocable, transferrable, sublicenseable, royalty-free, non-exclusive right and license to use (including to transmit, process, disclose, reproduce, modify, publish, make available, reproduce, edit, translate, display, perform, and make derivative works of) any of Your Content and Feedback, without obligation or restriction of any kind on account of intellectual property rights or otherwise, in connection with: (i) Future of Good’s provision of the Service; (ii) Future of Good’s business; (iii) as otherwise contemplated by these TOS; or (iv) as required by law, rule or regulation or order. You waive any and all of Your moral rights in the Feedback and Your Content.
D) You acknowledge and agree that Your Content may be made available via the Services and may be used by others. You grant other Users the right to use Your Content, including to view, reproduce, modify, distribute, display, and perform such content via the Services.
E) You represent and warrant to Future of Good that You have all rights necessary to grant the foregoing licenses.
F) Future of Good may review, monitor, and/or remove any Feedback and/or Your Content at Future of Good’s sole discretion and at any time and for any reason, without notice to You, including to comply with legal process or to respond to any claim that any User Content violates the rights of third parties.
10. RESPONSIBILITY FOR CONTENT
A) You are solely responsible for all of Your Content and for Your use of Future of Good content.
B) Under no circumstances will Future of Good be liable in any way for any content appearing on the Services, including any content provided by Future of Good (“Future of Good content”) or any of Your Content or the content provided by any other users (collectively, “User content”).
C) Future of Good does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any user content or Future of Good content.
D) You understand that, in using any of the Services, You may be exposed to Content that might be offensive, harmful, inaccurate inappropriate, mislabeled or deceptive.
E) Future of Good stores User Content at the direction, request and with the authorization of its users. Future of Good acts merely as a passive conduit and/or host for the uploading, storage and distribution of such User Content. Future of Good plays no active role in the presentation or use of User Content, and Future of Good does not review or have any obligation to monitor any User Content.
A) Use of the services, Future of Good content and User Content, is solely at Your own risk.
B) Future of Good does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or Future of Good content.
C) The Services, Future of Good content and User Content are made available and provided “as is” and “as available”.
D) To the maximum extent permitted by law, Future of Good hereby disclaims any and all representations, warranties, guarantees and conditions in respect of the Services, Future of Good content and User Content.
E) The disclaimers in this section 11 apply to any and all representations, guarantees, warranties and conditions, whether statutory, collateral, implied, express or arising through a course of dealing or trade, including any representation, guarantee, warranty or condition: (i) of quality, fitness for particular purpose, merchantability, merchantable quality, non-infringement, currency, completeness, reliability, accessibility, availability, uninterrupted use; (ii) that the services, future of good content or User Content will meet any requirements or achieve any intended result; and (iii) the services, Future of Good content and User Content will be error-free or secure.
F) No oral or written information or advice given by Future of Good will create any representation, guarantee, warranty or condition.
12. LIMITATIONS ON AND EXCLUSIONS OF LIABILITY
A) In no event will the total aggregate liability of Future of Good in connection with or under these TOS exceed the greater of (i) the amount paid by You to Future of Good pursuant to these TOS in the 4-month period immediately preceding the event giving rise to the claim; and (ii) CAD$100. The existence of one or more claims under these TOS will not increase this maximum liability amount.
B) To the maximum extent permitted under applicable law, in no event will Future of Good be liable under these TOS for any: (i) special, exemplary, punitive, indirect, incidental or consequential damages; (ii) lost savings, business, revenue, profit, data, content, use, or goodwill; (iii) business interruption; or (iv) costs for the procurement of substitute products or services.
c) This section 12 applies to all causes of action whether in contract, tort (including negligence), fundamental breach, strict liability or any other legal or equitable theory, and even if Future of Good is advised in advance of the damages or losses in question or even if such damages or losses were foreseeable.
13. CAUSES BEYOND FUTURE OF GOOD’s CONTROL
Future of Good will not be liable under these TOS because of a failure or delay in performing Future of Good’s obligations hereunder on account of any cause beyond Future of Good’s reasonable control, including Internet availability failures, wireless network failures, cloud service failures, service provider failures, strikes, riots, insurrection, terrorism, fires, natural disasters, acts of God, war, and governmental action.
14. INTELLECTUAL PROPERTY OWNERSHIP
A) As between Future of Good and You, Future of Good reserves all right, title and interest (including all intellectual property rights) in and to Services and Future of Good Content. You do not and will not acquire any rights or licenses in any copyrights, trademarks, patents or other intellectual property on or in Services or Future of Good Content. The Services and Future of Good Content are protected by copyright, both individually and as a collective work or compilation, and by trademark law, patent law and any other applicable laws.
B) All trademarks and other indicia of origin appearing on or in Services or Future of Good Content are the property of Future of Good or Future of Good’s providers, suppliers or licensors, unless otherwise indicated. You may not use any trademark or other indicia of origin for any purpose whatsoever.
C) Future of Good or Future of Good’s providers, suppliers or licensors may enforce its or their intellectual property rights to the fullest extent permitted by law, including against You personally.
D) Your Content is, as between You and Future of Good, Your property.
15. REPORTING COPYRIGHT INFRINGEMENT
A) Future of Good take claims of copyright infringement seriously. Future of Good will respond to notices of alleged copyright infringement that comply with applicable laws. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of “Copyright Infringement” of firstname.lastname@example.org and include in Your notice a detailed description of the alleged infringement.
B) Please be aware that if You knowingly materially misrepresent that material or activity on the Service is infringing Your copyright, You may be held liable for damages (including costs and lawyers’ fees) under applicable laws, rules and regulations.
16. EXTERNAL SOURCES
Future of Good is not responsible for information on any third party website or service that is referred in, or accessible or connected by hyperlink to the Services. If You access any third party website or service through the Services, then You do so at Your own risk. Hyperlinks do not constitute third party endorsement of, sponsorship or endorsement by, or affiliation with, Future of Good.
You agree to indemnify, defend and hold harmless Future of Good and its party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable lawyers’ fees) that arise from or relate to Your breach of these TOS. Future of Good has the right but not the obligation to participate in any defense or settlement.
18. SERVICES UPDATES; TOS AMENDMENTS
Future of Good may, in Future of Good’s sole discretion, add or remove services, functionalities, content or features from or to the Services at any time without notice (each, an “Update”). Upon release, each Update will be deemed to become part of Services and will be subject to these TOS.
Future of Good may amend these TOS, or any provision thereof, with immediate effect at any time and without notice. Your use of Services following any such amendment (including those implemented as part of the release of an Update) will constitute Your agreement to the terms and conditions of these TOS in effect at the time of such use.
19. TERMINATION, SUSPENSION AND AFTER TERMINATION
A) Future of Good reserves the right to reject, suspend or terminate Services or Your use of all or any portion of Services at any time and for any reason, in Future of Good’s sole discretion. Future of Good has no obligation to provide You with any notice of Your breach of these TOS, but Future of Good may choose to provide notice, and an opportunity to cure such breach, in its sole discretion.
B) You may cancel Your Account at any time by emailing us at email@example.com.
C) The terms and conditions in these TOS will continue to apply to Your past use of Services, in the form in which it or they then-existed at the time of the subject use.
D) Any provision hereof that by its nature is intended to survive the termination of these TOS will survive such termination.
E) Termination, rejection and/or suspension shall not relieve You of any obligations arising or accruing prior to such termination, rejection or suspension, or otherwise limit any liability that You otherwise may have to Future of Good.
20. INDEPENDENT CONTRACTORS
For all purposes, Future of Good and You are independent contractors and neither of us will represent that we have authority to assume or create obligations on behalf of the other party.
21. APPLICABLE LAW
All matters relating to these TOS will be governed by the statutes and laws of the Province of Ontario or the federal laws of Canada applicable therein, as applicable, without regard to the conflicts of laws principles thereof. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these TOS.
22. ARBITRATION; VENUE
A) You agree that any claim arising out of or in connection with these TOS, or in respect of any legal relationship associated with or derived from these TOS, will be resolved by final and binding arbitration under the simplified arbitration rules of the ADR institute of canada, inc. The arbitration will take place in Ottawa, Ontario, Canada. The language of the arbitration will be English.
B) To the extent arbitration as described in this section 22 is prohibited by applicable law, then You agree that all claims will be heard and resolved in a court of competent subject matter jurisdiction located in Ottawa, Ontario. You consent to the personal jurisdiction of such courts over You, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
C) This choice of jurisdiction does not prevent Future of Good from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
23. WAIVER OF CLASS ACTIONS
You agree and acknowledge that You may only resolve disputes with Future of Good in connection with these TOS on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, purported class, consolidated, or representative action.
24. WAIVER OF JURY TRIAL
The parties expressly waive the right to sue in court and have a jury trial. In the event any litigation should arise between You and Future of Good in a suit to vacate or enforce an arbitration award or otherwise, You and Future of Good waive all rights to a jury trial, instead electing that the dispute be resolved by a judge, and agree to take any and all action necessary or appropriate to effect such waiver.
Future of Good may assign or transfer these TOS in whole or in part at any time without Your consent. You may not assign these TOS or assign, transfer or delegate Your Account or any of Your rights or obligations under these TOS. Any purported assignment or transfer in violation of this provision is void from the outset.
26. SEVERABILITY; ENTIRE AGREEMENT; WAIVER
If any provision of these TOS are found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these TOS shall remain in full force and effect. These TOS constitutes the entire understanding, and supersedes all other understandings, between You and Future of Good concerning the subject matter hereof. No waiver of a right of a party under these TOS will be effective unless it is in writing and signed by the party waiving its right. A waiver of a right by a party (or failure by a party to enforce a provision of these TOS) will be effective only in the specific instance and for the specific purpose for which it is provided. No waiver will be deemed a waiver of any prior or subsequent default hereunder.
Headings are inserted for convenience of reference only and will not affect the construction or interpretation of the Agreement. Where the word “including” or “includes” is used herein, it means “including without limitation” or “includes without limitation”, respectively. The language used in these TOS are the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
28. LANGUAGE OF THIS AGREEMENT
It is the express wish of the parties that these TOS and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
ACCEPTABLE USE POLICY
None of Your content or feedback will:
- infringe, misappropriate or violate any third party’s intellectual property right or other right, including publicity, privacy or confidentiality;
- violate, or encourage any conduct that would violate, any applicable law, rule or regulation;
- promote or contain illegal or harmful activities;
- be fraudulent, false, misleading or deceptive;
- be defamatory, libelous, obscene, pornographic, vulgar or offensive;
- be violent, unsafe or threatening, or promote discrimination, bigotry, racism, hatred, abuse, offense, violence, harassment or harm;
- contain opinions or notices (commercial or otherwise) or chain letters;
- contain URLs or links to web sites or services (to advertise Your company or web site or services); or
- be used by You to impersonate another person, living or dead.
You may not do, or attempt to do, any of the following in connection with services and listed items:
- use the Services for anything other than Your own personal purposes;
- use the Services for any purpose that is illegal, unsafe, or fraudulent or that infringes on any third party rights;
- register for more than one Account or register for a Account on behalf of an individual other than yourself;
- share an Account with multiple people, including people within the same entity;
- access or ascertain, or disclose, any other User’s password, Account, Content, and/or personal information that they have not disclosed or intentionally chosen to disclose publicly;
- use the Services to “stalk”, harass, threaten, intimidate, harm, cause a nuisance to, annoy, or inconvenience any User;
- violate, remove, modify or obscure any copyright notices, trademark notices, or other proprietary notices or legends that are on or in any of the Services or Content;
- use Future of Good’s name, any Future of Good trademark, logo or other proprietary information, or the layout and design of any webpage or form contained on a webpage, without Future of Good’s express written consent; replicate the “look and feel” of Services;
- modify the Services or Future of Good Content or make derivative works based on the Services or Future of Good Content;
- decompose, decompile, reverse engineer, disassemble, or otherwise attempt to gain access to the source code of any part the Services or Future of Good Content;
- build a product or service using any similar ideas, features, functions or graphics of the Services or Future of Good Content;
- use the Services or Future of Good Content to provide services for or on behalf of any third party, or commercially exploit the Services or Future of Good Content in any way, including without limitation by framing or mirroring any portion of the Services or Future of Good Content;
- sell, resell, export, transfer assign, sublicense, rent, lease, loan, provide, copy, reproduce, distribute, redistribute, license, sublicense, publish, or otherwise make available any portion of the Services or Future of Good Content;
- use the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking, comparison or competitive purpose;
gain, or attempt to gain, or permit any third party to gain, unauthorized access to the Services or Future of Good Content, including through means not provided by Future of Good;
- upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter any computer, communication network, device (including Your Mobile Device), data, or the Services, or any other system, device or property use any security testing tools in order to probe, scan or attempt to penetrate or ascertain the Services’s security, or to otherwise engage in denial of service attacks;
- take any action that imposes, or may impose (in Future of Good’s discretion) an unreasonable or disproportionately large load on, or otherwise disrupts, restricts, inhibits or impedes Future of Good’s or its service provider’s infrastructure;
- operate a server in connection with the Services, including, but not limited to, mail, news, file, gopher, telnet, chat, Web, or host configuration servers, multimedia streamers or multi-user interactive forums; interfere or attempt to interfere with the proper working of, or any activities conducted on or in Services; or
- systematically retrieve data or other content from the Services or Future of Good Content to create or compile a collection, compilation, database, directory, whether by manual methods, through the use of bots, scraping, crawlers, or spiders, or otherwise.