Terms of Service

TERMS AND CONDITIONS OF USE (7/25/2017)

Your use of the Website (as defined below) or your completion of a purchase of Subscription (as defined below) creates a contract between you and futurethink.

IMPORTANT, PLEASE READ CAREFULLY:

These Terms and Conditions of Use govern your use of Future Think LLC’s services (“Services”) through which you can buy, get, license, rent or subscribe to products, media, services and webpages (“Content”). By using, licensing, subscribing or purchasing the Content from Future Think LLC and/or its various divisions and subsidiaries (collectively referred to as “futurethink”), you agree to the following Terms and Conditions of Use , the legal notices, site terms and privacy policy as set forth and posted on futurethink‘s web site (the “Website”). These Terms and Conditions of Use , the legal notice, site terms and privacy as posted on the applicable portion of the Website are expressly incorporated herein by reference and shall govern your purchase, and any usage of the Website. If you do not agree with these Terms and Conditions of Use, you may not use, buy, get, license, rent or subscribe to such Content.

The contents of these webpages and all Content are protected by U.S. copyright laws. The materials posted on these pages by futurethink may be retrieved solely for your own personal, noncommercial use and may be downloaded to your own hard disk or sent to a printer solely for that purpose. In doing so, you may not remove or alter any trademark, copyright, or other proprietary notice. Unless otherwise expressly permitted, including, but not limited to, the permission to modify resources, you may not otherwise copy, modify, or distribute the contents of these pages.

You may use the Services and Content only for personal, noncommercial purposes. Futurethink‘s delivery of Content does not transfer any promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners. It is your responsibility not to lose, destroy, or damage Content once downloaded. You may not tamper with or circumvent any security technology included with the Services. You may access our Services only using futurethink’s Website, and may not modify or use modified versions of such Website.

Portions of these pages may provide users an opportunity to exchange ideas and information. futurethink has no obligation to screen, edit, or review postings, and the ideas and information posted do not necessarily reflect the views of futurethink. While using these pages, you may not post, transmit, or otherwise distribute any material that may be unlawful, obscene, defamatory, threatening, infringing on any copyright or other rights of others, or damaging to software or hardware. You may not advertise or solicit on these pages without futurethink’s express permission. futurethink reserves the right to monitor any postings and remove any which it considers, in its discretion, to be offensive or otherwise in breach of these Terms and Conditions of Use .

You may not engage in systematic retrieval of Content or Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from futurethink. Nor may you mirror on your own site the home page or results pages of the products and services.

futurethink reserves the right, which it may or may not exercise, to review, edit, or delete any material that it deems to be inappropriate or in violation of these Terms and Conditions of Use and to deny access to anyone who violates these Terms and Conditions of Use . NOTWITHSTANDING THE ABOVE, FUTURETHINK EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL COMMUNICATED BY THIRD PARTIES THROUGH THESE PAGES OR FOR ANY CLAIMS, DAMAGES, OR LOSSES RESULTING FROM THE USE THEREOF. By posting or submitting material to these pages you represent that you have all necessary rights in and to such material; that such material will not infringe on any personal or proprietary rights of any third parties; that such material will not contain defamatory, indecent, or otherwise unlawful content; and that such material will not contain any viruses or other destructive features. You authorize futurethink to use and/or authorize others to use such material in any manner or medium.

You may obtain access to other sites on the Internet through these pages. By providing these products and services, futurethink is not undertaking any responsibility or liability for information or publications of third parties on the Internet even if you access them through these pages.

FUTURETHINK MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THESE PAGES, THEIR CONTENTS OR THE CONTENT (INCLUDING, WITHOUT LIMITATION, MATERIAL COMMUNICATED BY THIRD PARTIES), WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FUTURETHINK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THESE PAGES. FUTURETHINK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENT AND SERVICES PROVIDED BY THESE PAGES WILL BE UNINTERRUPTED AND ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PAGES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. FUTURETHINK ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THESE PAGES IS ACCURATE, COMPLETE, OR CURRENT.

IN NO EVENT SHALL FUTURETHINK, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, AND EXPENSES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, SPECIAL, OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, BENEFITS, USE, OR DATA RESULTING FROM THE USE OF THESE PAGES, EVEN IF FUTURETHINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU ASSUME ALL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS PROTECTION AS YOU DEEM APPROPRIATE.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ANY SERVICES PERFORMED OR PROVIDED BY FUTURETHINK ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FUTURETHINK HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CONTENT AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FUTURETHINK OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE CONTENT OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FUTURETHINK BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF FUTURETHINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall futurethink’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

To the fullest extent permitted by law, you agree to indemnify and hold futurethink, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors harmless from and against all losses, expenses, damages, and costs, including attorneys’ fees, arising out of the use or unauthorized copying of the Content and Services, the violation of these Terms and Conditions of Use or any applicable laws or regulations.

These pages are controlled and operated by futurethink in the United States and are intended for use within the United States. futurethink makes no representation that materials on these pages are appropriate or available for use in other locations. Those who choose to access these pages from other locations do so on their own risk and initiative and are responsible for compliance with local laws. You agree that the laws of the State of New York, without regard to its conflicts-of-law rules, shall govern these Terms and Conditions of Use. Please note that your use of the Website may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with futurethink or relating in any way to your use of the Website resides in the courts of the State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute, including without limitation any claim involving futurethink or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

If you are a subscriber to any of the Content and Services that are available by subscription (the “Subscription Products and Services”), your right to use the Subscription Products and Services is personal to you or other members of your company authorized to use the Subscription Products and Services. If you are authorized by a subscriber (such as your employer) to access and use any of the Subscription Products and Services, your right to use the Subscription Products and Services is not transferable. You are responsible for protecting the confidentiality of your credentials for access to the Subscription Products and Services (e.g., your username and password) and for complying with any guidelines prescribed by futurethink from time to time to prevent unauthorized access to the Subscription Products and Services. You agree to immediately notify futurethink of any unauthorized use of your password or any other breach of security. futurethink reserves the right to perform one-way encryption of passwords for account maintenance purposes. futurethink does not refund any portion of fess paid for its Products, Services or Subscriptions. You agree not to assign, transfer or sublicense your rights as a subscriber to the Subscription Products and Services. You agree to be financially responsible for all usage or activity on your Subscription Products and Services account.

Additional Terms Applicable to Subscribers of the Subscription Products and Services:

Definitions. As used in these additional terms, “you” or “yours” refers to each person who establishes a subscriber account (“Account”) or who is authorized to access and use any of the Subscription Products and Services.
The product(s) as used in these Terms and Conditions of Use , means, collectively and/or as applicable:
1. Any and all images, photographs, art, art work, clip art, fonts or other artistic works (the “Art Work”);
2. Related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation”); and
3. Amendments, modified versions, updates, additions and copies of the product (the “Amendments”), if any, sold by futurethink under these Terms and Conditions of Use .

Sale of Product. The product(s) is sold to you by futurethink for use only under the terms of these Terms and Conditions of Use. The product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The terms of these Terms and Conditions of Use will govern any amendments provided by futurethink that replace and/or supplement the original product.

Copies.
A. Except as expressly set forth elsewhere herein, any other copies you make of the product or authorize are in violation of these Terms and Conditions of Use .
B. Unless provided otherwise in the Documentation or by prior express written consent of futurethink, you shall not display, modify, reproduce and distribute any Art Work, or portion(s) thereof, included with or relating to the product, if any. Any such authorized display, modification, reproduction and distribution shall be in full accord with these Terms and Conditions of Use . Under no circumstances will your use, display, modification, reproduction and distribution of the Art Work give you any intellectual property or proprietary rights of the Art Work. All rights, title, and interest belong solely to futurethink.

Account. You are responsible for all use of your Account under any user ID (username) or password by any person and for ensuring that all use of your Account complies fully with the provisions of this Terms and Conditions of Use.

Annual Subscription Fees and Changes (All fees are subject to change without notice). Subscription (a “Subscription”) is the vehicle you shall use to initiate participation as a user of the Subscription Products and Services. The fee paid for a Subscription covers full access to futurethink’s Content. Click here to contact futurethink with respect to the fees covering futurethink’s product line (innovate@futurethink.com). Each Subscription is an electronic contract between you and futurethink.

Your Subscription Products and Services shall only be activated by futurethink upon payment in full by you of the fees charged for such products and services. futurethink will charge your payment method (such as your credit card or debit card, or other method available) for any paid Subscription, including any applicable taxes. You agree to reimburse futurethink for all attorneys’ fees and any other costs associated with collecting delinquent or dishonored payments. futurethink reserves the right to increase fees, surcharges, and subscription rates, or to institute new fees at any time. All Subscriptions are final. Changes to standard subscription rates will be posted at www.futurethink.com and may be changed at any time. Reductions in the standard subscription rate will not necessarily be reflected in your renewal subscription rate. Customers subscribing at specially discounted promotional rates may be subject to varying rate increases, none of which shall exceed the standard posted subscription rate. In addition to the charges set forth above, you are responsible for all fees and charges associated with connecting to the Website.

Term of Subscription. The term of your Subscription shall be for a period of one (1) year commencing on the date your Subscription Products and Services are activated by futurethink and terminating one (1) year from such date (the “Term”). The Term of your Subscription shall be automatically extended for successive one (1) year periods (each a “Renewal Period”) unless either you or futurethink gives the other written notice at least thirty (30) days prior to the expiration of the Term. Cancellations should not be considered final until you have received a cancellation confirmation e-mail from futurethink. In the event of termination of your Subscription by either party, you shall have no claims against futurethink or its affiliates. Termination of your Subscription automatically terminates your license to use the Subscription Products and Services and any Content.

Account Information. For purposes of identification and billing, you agree to provide futurethink with accurate, complete, and updated information required by the Website subscription registration to the Subscription Products and Services (“Registration Data”), including your name, address, telephone number(s), and applicable payment data (e.g., credit card number, e-mail address, and expiration date). You may check to determine whether your Registration Data is current and accurate, and, if not, to correct or update your Registration Data. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at futurethink’s option, result in immediate suspension or termination of your right to use the Subscription Products and Services. You agree to promptly update your Registration Data in the event of any known or suspected unauthorized use of your Subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your Subscription until you update your Registration Data. If your payment card expires, is canceled, is lost or is subject to use without your authorization, or if your Subscription is subject to use without your authorization, follow Subscription help instructions to update your Registration Data. Changes to such information can be made by going to the account maintenance area at www.futurethink.com.

Reservation of Rights. futurethink reserves the right to change these Terms and Conditions of Use at any time without notice. futurethink may suspend or terminate your use of the Website or of the Subscription Products and Services, for any reason, including, without limitation, if it believes, in its sole and absolute discretion, that you have breached a term of these Terms and Conditions of Use. Notwithstanding the preceding sentence, these Terms and Conditions of Use will survive indefinitely unless and until futurethink chooses to terminate them. If you or futurethink terminates your use of the Website, Content, Services or of the Subscription Products and Services, futurethink delete any Content or other materials relating to your use of the Website or of the Subscription Products and Services on futurethink’s servers or otherwise in its possession and futurethink will have no liability to you or any third-party for doing so.

Notice. All notices required or permitted to be given under these Terms and Conditions of Use will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) a reputable overnight delivery service (i.e. FedEx, U.P.S.), or (iii) electronic mail. If you give notice to futurethink, you must use the following addresses: Future Think LLC c/o Goetz Fitzpatrick LLP, One Penn Plaza, Ste. 3100, New York, New York 10119, Attn: Aaron Boyajian, Esq. and info@futurethink.com. If futurethink provides notice to you, it will use the contact information provided by you to futurethink. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight delivery service, on the date receipt is confirmed by such delivery service, or (iii) if by electronic mail, twenty four (24) hours after the message was sent if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement with respect to any notice required to be given by futurethink.

Digital Millennium Copyright Act Compliance
If you believe that any materials posted on the Website by others infringe on the copyrights of another party, please contact us. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers. Please send a written notice describing the infringement to our designated agent at the following address:

Designated Agent
Future Think LLC
380 Lexington Avenue, Suite 1742
New York, New York 10168
Email: innovate@futurethink.com
Phone: (646) 257-5737

Your notice must include the following:
• A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly being infringed;
• Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works at a single online site, a representative list of such works at the Website;
• Identification of the allegedly infringing material on the futurethink Website, and information reasonably sufficient to permit us to locate such material on our Website;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or, if available, an e-mail address;
• A statement that the complaining party has a good faith belief that use of the materials 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 notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Legal Notices

Copyrights
All contents of the Subscription Products and Services and any other service provided hereunder are © 2005-2017 Future Think LLC or its licensors. All rights reserved. futurethink is copyrighted 2005-2017 by Future Think LLC. Photographs and illustrations are copyrighted by their respective owners, as noted in the credits.

Trademarks
Entire contents © 2005-2017, Future Think LLC. All rights reserved. futurethink, “Turn innovation into results”, “We put innovation in your hands”, futurethink Four Lenses Logo, futurethink Best Practices, futurethink CEO Brief, futurethink Action Plan, futurethink Diagnosis Tool, futurethink Hotspot and “Innovation Snapshots” are trademarks of Future Think LLC. All other trademarks are the property of their respective companies. Except as permitted by applicable laws, you are prohibited from using any of the marks appearing in futurethink materials without express written consent from the respective trademark owner.

Copyright © 2005-2017 Future Think LLC. All rights reserved.