Terms & Conditions

Future In Media: Last updated: July 31, 2024

Terms & Conditions

Welcome to Future In Media and/or its affiliates (“Future In Media”) provide website features access to third-party products and services to you when you visit or shop at www.futureinmedia.com, use Future In Media products or services, use Future In Media applications for mobile, or use software provided by Future In Media in connection with any of the foregoing (collectively, “Future In Media Services”). Future In Media provides these services subject to the following conditions.

Agreeing to These Terms & Conditions

We offer a range of services depending on your needs. Individuals come to FutureInMedia.com to both post and purchase content. A majority of these Terms and Conditions will apply to both individuals and suppliers. In some cases, the responsibilities of individuals purchasing content and suppliers providing content vary. If these Terms and Conditions are inconsistent with specific Service Terms, those Service Terms will apply.

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.FUTUREINMEDIA.COM OR OTHER OF OUR SITES OR ONLINE RESOURCES WHICH LINK TO THESE TERMS.THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 10, 14, 15, AND 16). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

General Use

The use of FutureInMedia.com or other sites or online resources to which these Terms are linked (each, a “Website”), owned and maintained by Future In Media Inc. (“Future In Media,” “we,” “our,” “us”), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub-users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND FUTURE IN MEDIA. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY FUTURE IN MEDIA, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Future In Media reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms here. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.

Website UseWebsite User Conduct and Restrictions-License TermsOur Privacy Statement and Your Personal InformationInformation You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party Agency AccountsOrder Placement and AcceptanceRefundsSubscription Terms and Automatic PaymentShipping FeesProducts, Services, and Prices Available on the WebsiteDisclaimer – Your Individual Results Will VaryYour Responsibilities Running A BusinessTestimonials, Reviews, and Pictures/VideosCompliance with the Law, Including Commitment Against Harassment and Interference with OthersDisclaimers of Other WarrantiesLimitations of LiabilitiesDispute Resolution by Mandatory Binding Arbitration and Class Action WaiverFuture In Media's Additional RemediesIndemnificationNotice and Takedown Procedures; Copyright AgentsThird-Party LinksTerminationNo WaiverGoverning Law and VenueForce MajeureAssignmentElectronic SignatureChanges to the AgreementYour Additional Representations and WarrantiesSeverabilityEntire AgreementContacting Us

SECTION 1 – Website Use

The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

SECTION 2 – Website User Conduct and Restrictions-License Terms

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Future In Media trademark and logo are proprietary marks of Future In Media, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Future In Media.

Subject to your continued strict compliance with all Terms, Future In Media provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.

If you purchase a subscription to Future In Media’s online materials, Future In Media provides to you a revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license to use the software. You acknowledge and agree that: (1) the software is copyrighted material under United States and international copyright laws that is exclusively owned by Future In Media; (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of Future In Media; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.

You agree not to use or attempt to use the Website, or any software provided by Future In Media, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Future In Media. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:

HARMFUL ACTS. Any dishonest or unethical practice; any violation of the law; infliction of harm to Future In Media’s reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; and the violation of the rights of Future In Media or any third party.“SPAMMING” AND UNSOLICITED

COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Future In Media’s reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior. SENSITIVE INFORMATION. You will not import, or incorporate into, any software, system, or hardware you provide to Future In Media or upload to the Website any of the following information: social security numbers; sensitive personal information (e.g., medical or health information, financial information, etc.); the content of communications between an attorney and client, doctor and patient, or other confidential personal relationships; or information the collection, use, or disclosure of which is prohibited by applicable law. ILLEGAL BUSINESS. You agree not to post content or operate a business which is illegal, violates the rights of others, or against the policies of Future In Media. You agree not to operate an agency, reverse engineer, or sell on information, software, or services provided by Future In Media. You agree not to transfer or sell any proprietary software you have been provided or been given access to by Future In Media.

SECTION 3 – Our Privacy Statement and Your Personal Information

We value your privacy. Your use of the Website is subject to our Privacy Statement. Please read our Privacy Statement, which is part of this Agreement and can be viewed here.

SECTION 4 – Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party Agency Accounts

As a Future In Media Website user, you will be required to create an account with Future In Media. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Future In Media user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to, Future In Media under your user account. You agree to immediately notify Future In Media of any unauthorized use of your password or user name or any other breach of security related to your user account. You agree that Future In Media is not liable, and you will hold Future In Media harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations.

You agree not to create an account or use Future In Media services if you have been previously removed by Future In Media or banned from the services. If you are using the services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these terms.

SECTION 5 – Order Placement and Acceptance

If you order a service, pay for consulting time, subscribe to a monthly service, or purchase any of our products or services (each, an “Order”), you must provide accurate and complete information as prompted by the Order form. Future In Media reserves the right to refuse any Order for any reason. We may also require additional information or verification before accepting any Order. Once a properly completed Order and authorization of your form of payment is received, we will promptly locate the products or services you have ordered, if available. If we accept your Order, we will notify you of our acceptance by issuing an Order confirmation. We reserve the right to limit the number of services ordered and to refuse service to you without prior notification. In the event that the products or services you ordered are no longer available, we will notify you of the unavailability.

You agree that your Order is an offer to buy, under these Terms, the services listed in your Order. All Orders must be accepted by us or we will not be obligated to sell the services to you. We may choose not to accept Orders at our sole discretion, even after we send you a confirmation with your Order number and details of the items you have ordered.

SECTION 6 – Refunds

30-DAY SATISFACTION GUARANTEE RETURN POLICYFuture In Media strives to deliver the best customer experience. We provide a 30-day satisfaction guarantee return policy.Satisfaction Guarantee:

If you are not satisfied with your purchase for any reason, you may return any item purchased from us for a full refund within thirty (30) days. Shipping costs are non-refundable.

Return Process:

To initiate a return, please contact our customer service team at [email protected] with your Order number, reason for the return, and any additional information you feel may help us process your return. We will then provide you with a return authorization number and instructions on how to return your item.

Exclusions:

We do not accept returns for the following items: customized or personalized items, items purchased through third-party sellers, and items damaged due to misuse or mishandling.

Refunds:

Once we receive your return, we will inspect the item and notify you of the status of your refund. If your return is approved, we will initiate a refund to your original method of payment. Refunds may take up to ten (10) business days to appear on your statement.

SECTION 7 – Subscription Terms and Automatic Payment

By purchasing a subscription to our services, you agree to an initial and recurring subscription fee at the then-current subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. Your subscription will be automatically renewed for successive periods, and your payment method will be automatically charged for each successive period at the then-current subscription rate, until you cancel your subscription renewal. You may cancel your subscription at any time by contacting customer service at [email protected]. If you cancel your subscription, you will not be eligible for a refund for any unused portion of the subscription.

SECTION 8 – Shipping Fees

Shipping fees and delivery times vary depending on your location and the shipping method selected at checkout. We strive to process and ship Orders promptly. Once your Order has shipped, you will receive a confirmation email with tracking information. Please note that we are not responsible for delays caused by shipping carriers or customs processing.

SECTION 9 – Products, Services, and Prices Available on the Website

Prices and availability of products and services are subject to change without notice. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or services or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Website is void where prohibited.

We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor’s display of any color will be accurate.

SECTION 10 – Disclaimer – Your Individual Results Will Vary

Every client’s experience with Future In Media is unique. Your results will vary depending on numerous factors. We make no guarantee that you will achieve any specific results.

SECTION 11 – Your Responsibilities Running a Business

Operating a business involves risk, and there are numerous factors outside of our control that could impact the success of your business. You are responsible for conducting your own research and due diligence before making any business decisions. You agree that Future In Media is not responsible for any losses or damages you may incur as a result of your business decisions.

SECTION 12 – Testimonials, Reviews, and Pictures/Videos

We are pleased to hear from users and clients and welcome your comments regarding our services and products. If you submit a testimonial, review, picture, or video to us, you agree that we may use your submission for promotional purposes.

SECTION 13 – Compliance with the Law, Including Commitment Against Harassment and Interference with Others

You agree to comply with all applicable laws and regulations. You further agree that you will not engage in any form of harassment or interference with other users or clients.

SECTION 14 – Disclaimers of Other Warranties

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY FUTURE IN MEDIA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FUTURE IN MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

SECTION 15 – Limitations of Liabilities

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FUTURE IN MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FUTURE IN MEDIA DOES NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, FUTURE IN MEDIA’S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM FUTURE IN MEDIA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FUTURE IN MEDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

SECTION 16 – Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE OR ANY PRODUCT OR SERVICE PROVIDED BY FUTURE IN MEDIA WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT.THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE TERMS OF SERVICE AS A COURT WOULD.WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

SECTION 17 – Contact Information

Questions about the Terms of Service should be sent to us at [email protected].

Future In Media: SECTION 15 – Limitations of Liabilities

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL FUTURE IN MEDIA OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER FUTURE IN MEDIA HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

SECTION 18 – Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

If you have a complaint, dispute, or controversy, you agree to first contact us at [email protected] to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language in [Canada or the United States Jurisdiction], unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at

www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Statement, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Future In Media.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of the State of Nevada without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You and Future In Media agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Future In Media expressly waive any right to pursue any class or other representative action against each other.

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120 day informal resolution procedures described above).

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.

This provision survives termination of your account or relationship with Future In Media, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

SECTION 19 – Future In Media's Additional Remedies

In order to prevent or limit irreparable injury to Future In Media, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Future In Media or a third-party, Future In Media shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in California restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Future In Media from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts governing Cardiff, California, for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

SECTION 20 – Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Future In Media, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.

SECTION 21 – Notice and Takedown Procedures; Digital Millennium Copyright Act

If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send Future In Media a notice requesting that Future In Media remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you or your content, you may send Future In Media a counter-notice. You can send notices and counter-notices as follows:

Send written notice to: [Legal Department contact information or address]Notices of copyright infringement must include:A description of the copyrighted work you claim is being infringed.A description of where the allegedly infringing material is located on the Website.Your contact information, including your address, phone number, and email address.A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law.A statement that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.Counter-notices must include:Your contact information.A description of the material that was removed or to which access was disabled and the location where the material appeared before it was removed.A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.Your consent to the jurisdiction of the courts in [appropriate jurisdiction] and a statement that you will accept service of process from the person who provided the original notice of infringement.

SECTION 22 – Governing Law and Venue

These Terms and any disputes or claims arising out of or related to these Terms, the Website, or the Services shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law principles. You and Future In Media agree that any legal action or proceeding arising under these Terms or the Privacy Statement shall be brought exclusively in the courts located in San Diego County, California, and you consent to the exclusive personal jurisdiction and venue of such courts.

SECTION 23 – Miscellaneous

The failure of Future In Media to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire agreement between you and Future In Media with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Future In Media with respect to the Website or Services.

SECTION 24 – No Waiver

No failure or delay on the part of Future In Media in exercising any right, power, or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Future In Media.

SECTION 25 – Governing Law and Venue

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement, or any matter concerning Future In Media, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of the State of California without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 17 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in California, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class-wide or representative basis.

SECTION 26 – Force Majeure

Future In Media will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.

SECTION 27 – Assignment

Future In Media may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Future In Media's (or its assigns’) express written consent.

SECTION 28 – Electronic Signature

All information communicated on the Website is considered an electronic communication. When you communicate with Future In Media through or on the Website or via other forms of electronic media, such as email, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

SECTION 29 – Changes To The Agreement

You can review the most current version of the Terms at any time here. We reserve the right, at our sole discretion, to update, change, or replace any part of the Agreement, including the Privacy Statement located at Privacy Statement by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.

SECTION 30 – Your Additional Representations and Warranties

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that Future In Media has the right to rely upon all information provided to Future In Media by you, and Future In Media may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.

You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to you, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Future In Media of the same within 24 hours. Future In Media, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Future In Media without incurring any obligation or liability to you.

SECTION 31 – Severability

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

SECTION 32 – Entire Agreement

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and your business and Future In Media and govern your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Future In Media. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

SECTION 33 – Contacting Us

We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to [email protected].

If you have any questions or inquiries concerning any of the Terms, you may contact Future In Media by email at

[email protected]

or by regular mail at 185 Millway Avenue, Concord ON, L4K 0L2 CANADA.

Note on how we can communicate with you:

By agreeing to our terms of service, a prospect agrees to receive snail mail, email, phone, and automated prerecorded voice message solicitations from Future In Media, including its various business divisions, affiliates, partners, vendors, list managers, and clients who purchase our lists. You also agree to be contacted on a recurring basis for as long as you are a part of our SMS/MMS mobile message marketing program. We may sell the personal information that you supply to us and may work with other third-party businesses to bring selected retail opportunities to our members via direct mail, email, SMS, text, and telemarketing (including but not limited to pre-recorded phone messages). Filling out any forms on our pages constitutes your signature and agreement that Future In Media and its representatives, agents, and partners may contact you by telephone (including at your wireless telephone number), email, SMS, or pre-recorded message at the information you provided through this website, and you understand and agree that this consent applies even if your number is listed on a state or federal do-not-call list. By filling out any of our forms, you also agree that you cannot “build a case” against Future In Media (by counting infractions per solicitation) because submitting any forms or filling out any information signifies that you are requesting to be contacted by email, including SMS, text, and pre-recorded phone calls. In no event shall either party be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of use or loss of profits.

Message and data rates may apply.

Prospect agrees he/she is solely responsible for any and all third-party fees a prospect may incur when being contacted by Future In Media and its business divisions, affiliates, partners, clients, vendors, and list managers. By filling out ANY of our forms, you also forfeit your right to litigate against Future In Media based on any previously alleged infraction (alleged infractions prior to you submitting any forms) including but not limited to SMS, email, or robo-dial. If any of the terms are held unenforceable, the remainder of the terms shall remain in effect.

Please DO NOT digitally sign this agreement by submitting any forms on any of our websites if you do not agree with our terms and conditions.

To unsubscribe from email, phone, SMS, or robo-dialing mediums please send an email to [email protected]

and include the phone number and/or email address you wish to be removed. You may also call and leave a message indicating such request and you can also opt-out by replying to the text message with “STOP.”