Last Updated: August 1, 2018
A Positive Experience for You and the Community
These Terms enable us to provide you and others on FutureEngine a positive experience. For the purposes of being thorough, these terms will go into a lot more detail. But at its simplest, we want to promote the Golden Rule: treat others on FutureEngine the way you would like to be treated.
FutureEngine is for people who are 13 years old or over. It may not be used by people under the age of 13. By using FutureEngine, you affirm that you are at least 13 years of age.
You're responsible for your usage of FutureEngine including any claims that may arise from your usage. FutureEngine lets you share content ("Your Content") with others so be thoughtful about what you share.
You own Your Content. But when you share Your Content on FutureEngine, you grant us a nonexclusive, irrevocable, worldwide and perpetual license to publish, reproduce, modify and distribute Your Content. And you understand that you are not entitled to any compensation from FutureEngine or anyone else for Your Content.
To keep FutureEngine a constructive service for you and everyone else, you agree not to do any of the following.
- Use FutureEngine for illegal activities.
- Attack, abuse, bully, harrass or threaten others on FutureEngine.
- Violate or infringe the privacy of others.
- Incite others to physical self-harm.
- Spam for commercial purposes.
- Compromise, disrupt or inhibit the usage and security of others using FutureEngine.
- Compromise, disrupt or inhibit the function or security of FutureEngine.
- Access, use, test, crawl or scrape FutureEngine content or code in an automated fashion or via interfaces other than those provided by FutureEngine.
We may also review your activity and Your Content, at our discretion, to make sure it complies with these Terms. Additionally, we reserve the right to delete Your Content from FutureEngine if it violates these Terms.
FutureEngine is protected by copyright and trademark laws. Unauthorized use of FutureEngine content may violate these laws. You don't have any rights, title or interest in FutureEngine or others' content on FutureEngine.
If you provide feedback to FutureEngine, that feedback is not confidential and we may or may not use it. You also waive any rights you have to that feedback and we make no obligations to you for feedback.
Any software that FutureEngine provides to access its services is granted with a limited, revocable, nonexclusive and nontransferable license solely for using FutureEngine.
FutureEngine may also change or terminate its service at any time and we will not be liable for any such changes or terminations.
FutureEngine respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, FutureEngine strives to expeditiously remove infringing content from the service.
If you find content on FutureEngine that you believe infringes your copyright, please report the infringement to FutureEngine designated agent.
101 Redwood Shores Parkway Suite 220
Redwood City, CA 94065
Your notice should include the following in accordance with 17 U.S.C. § 512(c)(3).
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- 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 the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Usage "As Is"
While FutureEngine tries to provide the best products and services it can, FUTUREENGINE SERVICES ARE PROVIDED "AS IS". FUTUREENGINE MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT ITS SERVICES INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You may stop using FutureEngine at any time. Additionally, we may end services to you in our sole discretion and without notice. This may happen in cases where you are not complying with these Terms.
You agree to indemnify, hold harmless and defend FutureEngine, its directors, shareholders, officers, employees, agents, licensors, suppliers and affiliates (collectively, “FutureEngine Parties”) from and against all claims, complaints, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to (1) your use of FutureEngine products and services, (2) any of Your Content, or (3) any breach or violation of any covenant or other obligation or duty of FutureEngine under these Terms or under applicable law, in each case whether or not caused by the negligence of FutureEngine or any other FutureEngine Parties and whether or not the relevant claim has merit.
Limitation of Liability
To the fullest extent permitted by law, FutureEngine and FutureEngine Parties shall not be liable for any and all claims, losses, costs or damages, including attorneys’ fees and costs and expert-witness fees and costs of any nature whatsoever or claims expenses resulting from or in any way related to the use of or inability to use FutureEngine from any cause or causes even if FutureEngine or FutureEngine Parties have been warned of the possibility of such damages. Notwithstanding these Terms, FutureEngine's aggregate liability shall not exceed the total amount of $1.00 if FutureEngine is found liable for any claim. In places that don't allow these types of limitations, these limitations may not apply to you.
You and FutureEngine agree to aribtrate disputes with FutureEngine through final and binding arbitration, except as noted in exceptions described below.
- Applicability. When claims and disputes in connection with these Terms or the use of FutureEngine products or services cannot be resolved informally or in small claims court, they shall be resolved by binding arbitration on an individual basis under the terms set forth below (the "Arbitration Agreement"), except in cases where you or FutureEngine seek equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. This Arbitration Agreement applies to you and FutureEngine, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
- Arbitration Procedures. Arbitration shall be adminstered through the American Arbitration Association ("AAA"), an alternative dispute resolution provider ("ADR Provider"), or another ADR Provider selected by the parties if the AAA is unavailable to arbitrate. The ADR Provider rules will govern all aspects of arbitration including arbitration fees. Any claims for a total amount of award that is less than five thousand U.S. dollars (US $5,000.00) may be resolved through binding non-appearance-based arbitration, at the request of the party seeking relief. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, and/or based solely on a written method chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. For claims where the total amount of the award sought is five thousand U.S. dollars (US $5,000.00) or more, the right to a hearing will be determined by the ADR Provider rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Waiver of Class Actions. You may only resolve claims and disputes with FutureEngine on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
- Right to Waive. The party against whom a claim is brought may waive any of the rights and limitations set forth in this Arbitration Agreement without affecting any other portion of this Arbitration Agreement.
- Jurisdiction. Any lawsuits between you and FutureEngine will be brought in the exclusive jurisdiction of the federal or state courts of San Mateo County, California.
These Terms will be governed by the laws of the State of California and applicable United States law except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction.
Any failure on the part of FutureEngine to enforce a part of these Terms is not a waiver of its right to do so later.
The invalidity or unenforceability of any provisions of these Terms shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect.
The Entire Agreement
These Terms represent the entire agreement between you and FutureEngine and supersede any prior understandings about these Terms. These Terms create no third-party beneficiary rights. We may revise these Terms at any time and will provide notice of such revision by sending a notification, posting a notice on FutureEngine or updating the "Last Updated" date above. By continuing to access or use FutureEngine, you confirm your acceptance of the revised Terms.