FutureswebÂ® and Eminis.com Terms of Service
In your general use of the Futuresweb.Com web site, as well as in completing a registration and using an account with Futuresweb, Inc., you agree to be bound by the following terms and conditions:
1. You understand and agree that Futuresweb.Com’s services are provided to general and registered users (“you” or “User” or, collectively, “Users”) exclusively under these Terms of Service (“Terms”). In your general use of the Futuresweb, Inc. web site, as well as by completing the registration process and using your account, you are stating that you are an adult (18 years or older), that you have read and understand the Terms and that you agree to be bound by the Terms in effect and as updated by Futuresweb.Com from time to time. All information contained on Futuresweb.Com’s web site is copyright of Futuresweb.Com and shall not be reproduced or modified in any form or by any electronic, mechanical or other means whatsoever without prior permission in writing from Futuresweb.Com.
2. Futuresweb, Inc. reserves the right to terminate any User’s account if Futuresweb.Com learns that such User has provided Futuresweb.Com with false or misleading registration information or has violated the Terms.
4. Futuresweb.Com may modify or discontinue its services or any User’s account with or without notice to any User, without liability to any User or any third party.
5. You understand and agree that Futuresweb.Com’s services are provided “as is”, on a wholly without warranty basis.
6. You are responsible for maintaining the confidentiality of your user id and password. You are responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify Futuresweb.Com of any unauthorized use of your account.
7. Futuresweb.Com and/or third parties may, from time to time send email messages to Users containing advertisements, promotions, etc. Futuresweb.Com makes no representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained in response to such email messages and User agrees that Futuresweb, Inc. shall not have any liability whatsoever with respect thereto.
8. You agree that Futuresweb.Com will have no liability for loss of personalization settings or for serving a personalized service to a User other than the User who registered the personalized service.
9. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF Futuresweb.Com’S SERVICES ARE AT YOUR SOLE RISK, THAT ANY INFORMATION MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Futuresweb.Com’S SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY USE OF SUCH DATA, INFORMATION OR ANY OTHER MATERIAL INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
10. Futuresweb.Com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
11. Futuresweb.Com MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Futuresweb.Com’S SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH Futuresweb.Com’S SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH Futuresweb.Com’S SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH Futuresweb.Com’S SERVICES OR THAT Futuresweb.Com’S SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
12. Futuresweb.Com WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE Futuresweb.Com’S SERVICES, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH Futuresweb.Com’S SERVICES, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF Futuresweb.Com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. You agree to indemnify, defend and hold harmless Futuresweb.Com, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of Futuresweb.Com’s services, your violation of the Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
14. These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of laws provisions or your actual state, province or country of residence.
15. These Terms will enure to the benefit of Futuresweb.Com’s successors, assigns and licensees.
16. Any waiver of any provision of the Terms will be effective only if in writing and signed by Futuresweb.Com.
17. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, that provision or portion shall be deemed severed from the Terms and the remainder of the Terms will continue in full force and effect.
18. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.