Terms & Conditions
Terms and Conditions
These terms and conditions (“Terms”) govern your use of the Website.
By using the Website or clicking on an “Accept” (or similar) button, you agree to be legally bound by these Terms.
If you do not accept these Terms, you are not permitted to and must not use the Website.
Any new features or tools which are added to the Website shall also be subject to these Terms.
Unless expressly provided otherwise, in these Terms:
“Account” means an account created on the Website where the User subscribes to a FutureMe Personal Membership.
“Account Details” means a username, password and any other details provided by FutureMe to:
(a) a User for the purpose of managing their Account; or
(b) a Site Administrator for the purpose of administering a Site.
“Annual Subscription Fee” has the meaning given to that term in section 5 of these Terms.
“Content” means the content or materials including (but not limited to) still or moving images, videos, sound recordings or other audiovisual materials, artistic works, written works and personal information created or provided by a User for the purpose of a Letter or Public Letter.
“Fee” means any one-off fee that may be charged by FutureMe from time to time.
“FutureMe”, “us”, or “we” means FutureMe Labs LLC its subsidiaries and its subsidiaries’ directors, officers, employees, agents and advisors.
"FutureMe Personal Membership" means the free membership, intended for individual use, that a User must sign up to in order to create an Account and use the Service.
"FutureMe Pro Membership" refers to the membership which:
(a) allows the User to access customisable FutureMe products; and
(b) grants the User with the rights to create, administer and share a Site with Guest Users.
“Guest User” means a User that is invited to use the Service by a Site Administrator.
“Initial Subscription Fee” has the meaning given to that term in section 5 of these Terms.
“Intellectual Property Rights” means patents, business method patents, rights in inventions, trade secrets, copyrights, mask work rights, moral rights, trade names (including derivatives thereof), trademarks, logos, service marks, images, photographs, slogans, trade styles, trade dress, and graphics, whether or not registered or otherwise legally determined to be owned, rights in trade dress, technical know-how, software, specifications, processes, designs, trade secrets, publicity rights, privacy rights, and all other intellectual property rights and proprietary rights worldwide, whether arising under the laws of the United States or any other state, country or jurisdiction, including all rights or causes of action for infringement, violation or misappropriation of any of the foregoing. For clarity, our Intellectual Property Rights include all right, title and interest in and to the Website, the Services and all derivatives thereof; the templates, tools, processes, data, data analytics, methods, and other proprietary means we use to create, develop or deliver the Website and/or the Services; and all names and marks that reference or include “FutureMe” and any name of our products or services.
“Letter” means the Content that a User sends via the Website to an email address specified by the User or Site Administrator after a period of time or at a date specified by the User or Site Administrator.
“Memories Group Limited” means Memories Group Limited (ACN 168 078 055).
“Payment Method” means the method by which you choose to pay the relevant Fee.
“Platform” has the meaning given to that term in section 9 of these Terms.
“Premium Fee” has the meaning given to that term in section 6.
"Premium Membership" has the meaning given to that term in section 6.
“Premium Membership Period” has the meaning given to that term in section 6.
“Promotions” has the meaning given to that term in section 7.
“Promotional Period” has the meaning given to that term in section 7.
“Public Letter” means the Content that a User posts anonymously to the public page of the Website and will be displayed after a period of time or at a date specified by the User.
“Purpose” means the creation of an Account or use of the Service, as permitted under these Terms.
“Service” means the service provided by us which allows:
(a) a User that is not a Guest User to post Public Letters and send Letters;
(b) a User to create and share a Site as a Site Administrator; or
(c) a Guest User to access a Site and send Letters.
“Site” means the customisable and shareable page created by a Site Administrator.
“Site Administrator” means a User that holds a FutureMe Pro Membership and has created a Site.
“Subscription Fee” has the meaning given to that term in section 5 of these Terms.
“Subscription Fee Period” has the meaning given to that term in section 5.
“Subscription Plan” has the meaning given to that term in section 5 of these Terms.
“Terms” means these terms and conditions.
“User” means a user of the Service, being either:
(a) a holder of an Account;
(b) a Site Administrator that has created a Site; or
(d) a Guest User.
“Website” means futureme.org and includes any version of the Service (including any “app” or similar version) that is able to be viewed or accessed on any type of device, including but not limited to tablet devices, and unless the context requires otherwise, includes all related services.
“Website Material” has the meaning given to that term in section 18 of these Terms.
“you” and “your” and means the person reading these Terms or such other terms or policies adopted in accordance with these Terms.
3. Creating an Account
To use the Service, a User must create an Account and subscribe to a FutureMe Personal Membership.
In order to create an Account, you must provide your:
(e) email address; and
(f) a password.
You agree to provide current, complete and accurate details relating to your Account, membership, subscription and Payment Method (as applicable), and to promptly update such information, including your email address and credit card numbers and expiration dates, so that we may complete your transactions and contact you as needed.
4. Creating a FutureMe Pro Site
Once you have created an Account, you may subscribe for a FutureMe Pro Membership.
Through subscribing for a FutureMe Pro Membership, you will then be able to:
(g) access customisable FutureMe products; and
(h) create, administer and share a Site with Users.
To create a Site, and in order for Users to be able to access and use your Site, you must:
(a) customise your Site;
(b) sign up to a Subscription Plan and pay the first Annual Subscription Fee (as set out in section 5 below); and
(c) share the Site URL with Users.
Once you have created a Site, FutureMe will assign you as Site Administrator for that Site.
You may choose to delete the Site at any time. FutureMe may permit two or more individuals to act as Site Administrator on each Site, with each having equivalent rights in respect of providing access to Guest Users and approval and removal of Content.
A Site Administrator cannot be transferred to another person other than in accordance with these Terms.
The Site Administrator must:
(a) be at least 18 years of age;
(b) not be a person that FutureMe has prohibited from using the Service; and
(c) if the Site is to be shared with a User who is under the age of 13, be a teacher, parent or guardian of that User.
5. FutureMe Pro Subscription
You may subscribe to a FutureMe Pro Membership via the Website by signing up to a subscription plan displayed on the Website (“Subscription Plan”).
When you sign up to a Subscription Plan, you will be asked to provide details relating to your Payment Method that is accepted by us.
You acknowledge and agree that, in respect of a paid Subscription Plan, an annual subscription fee applies (“Annual Subscription Fee”). The applicable Annual Subscription Fee will become payable on the date that you sign up to the Subscription Plan (“Initial Subscription Fee”) and will be payable annually until termination of your Subscription Plan (“Subscription Fee Period”).
Before you may share your Site with Users you must have paid the Initial Subscription Fee.
By signing up to a paid Subscription Plan and providing us with your Payment Method, you authorize us to charge your Payment Method the Subscription Fee for your chosen Subscription Plan for each Subscription Fee Period in accordance with these Terms.
You agree to pay, and will be responsible for, all charges associated with your Payment Method, and any and all taxes and other surcharges or third-party fees that may be applicable.
If you choose to pay via a third-party biller, your Subscription Fee will be charged by that third party and may be subject to additional third-party billing terms which will be notified to you by the third-party biller.
We may increase your Annual Subscription Fee at any time by giving at least 21 days’ notice to you. We will provide this notice to you by email to the email address linked to your account. Any increase in the Annual Subscription Fee will be effective on your next Subscription Fee Period payment date. If you do not agree to any increase in your Annual Subscription Fee, you may cancel your Subscription Plan through your account.
We may also increase your Annual Subscription Fee without notice if required by law, or if any regulatory authority requests or requires a change to any part of our pricing which directly affects your Annual Subscription Fee or our pricing structure. If this happens, we will use best efforts to give you reasonable notice. If you do not agree to that increase in your Annual Subscription Fee, you may cancel your Subscription Plan through your Account.
You may cancel your Subscription Plan through your Account at any time. Your cancellation of your Subscription Plan will be effective at the end of that Subscription Fee Period, and your Subscription Plan will be discontinued from this date.
You will only receive a pro rata refund of any fees or other amounts already paid to us if:
(e) you cancel as a result of an increased Subscription Fee pursuant to these Terms, in which case, you will be entitled to a pro rata refund of any amounts paid by you of the higher Subscription Fee, and your cancellation will be effective immediately.
6. Premium Membership
If you hold a FutureMe Personal Membership you may upgrade your membership to premium status (“Premium Membership”).
You acknowledge and agree that, in respect of a Premium Membership, you will be required to determine the amount of the Fee to be imposed upon signing up (“Premium Fee”). The minimum Premium Fee is $3 USD, which may be varied by FutureMe from time to time in its discretion. The level of your Premium Fee determines the period for which your Premium Membership will be valid (“Premium Membership Period”). The Premium Membership Periods are displayed on the Website and are subject to change from time to time.
By agreeing to pay the Premium Fee and providing us with your Payment Method, you authorize us to charge your Payment Method the one-time Premium Fee for your Premium Membership in accordance with these Terms.
If you choose to pay via a third-party biller, your Premium Fee will be charged by that third party and may be subject to additional third-party billing terms which will be notified to you by the third-party biller.
If you upgrade to Premium Membership, you will be able to access your new membership benefits immediately.
You acknowledge and agree that the Premium Fee is a non-refundable payment to FutureMe.
Your FutureMe Pro Membership or Premium Membership may include a promotional discount, premium features or other benefits (“Promotions”). We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotion in our sole discretion.
Some Promotions may run for a certain specified period of time that will be displayed on the Website (“Promotion Period”).
It is your responsibility to know when your Promotion has ended.
We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotion or free trial in our discretion for the purposes of preventing abuse of the Promotion or free trial. Promotions and free trials may be subject to terms and conditions published on the Website, which shall apply in addition to and prevail to the extent of any inconsistency with these Terms.
8. Application of third-party Standard End User License Agreements
In addition to these Terms, where you have obtained a version of the Website through the Apple AppStore or other similar application platform (“Platform”), you acknowledge that your use of the Website is governed by these Terms and the Platform’s standard end user license agreement if and to the extent applicable. In the event of any inconsistency between these Terms and such standard end user license agreement of the Platform, these Terms shall take precedence over any standard end user license agreement.
9. Rules for using the Service
When using the Service or interacting with the Website and other Users, you must:
(a) be over 13 years of age unless you are using the Service as a student on a site administered by a teacher or guardian acting as the Site Administrator.
(b) only use the Website for the Purpose and for no other purpose;
(c) not use the Website for any unlawful, fraudulent or otherwise tortious purpose and not to violate any applicable local, state, national or international law;
(d) not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(e) be respectful of each User and their friends and family;
(g) not create, send or post any personal information or images identifying a minor without the prior written consent of that individual’s parent or guardian;
(h) not impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with a person or entity;
(i) not create, send or post Content that contains material that is untrue, fraudulent, misleading, inappropriate, tasteless, likely to cause distress, harmful or inappropriate for minors to view, culturally insensitive, unlawful, threatening, abusive, hateful, profane, defamatory, obscene, immoral, pornographic, offensive, violent, deliberately provocative or indecent, or otherwise objectionable, or that victimizes, harasses, insults, disparages, degrades or intimidates, or discriminates against, any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
(j) not create, send or post Content that is of nuisance value or vexatious;
(k) not infringe, misappropriate or violate the Intellectual Property Rights of others (including FutureMe);
(l) not upload or transmit files, or cause users to upload or transmit files, that contain viruses, worms, "Trojan horses", Easter egg, time bomb, spyware, malicious code, corrupted files, or any similar software or programs that may adversely affect, damage, overburden, monitor or disable the functionality or operation of the Website or the operation of another's computer or other device;
(m) not interfere with, circumvent or disrupt the operation of the Website; the systems, servers, or networks used to make the Website available; or the security features of the Website or other websites or the Internet, including by hacking or defacing any portion of the Website or by making any “Denial-of-Service” (“DoS”) attacks, or violating any requirement, procedure or policy of such servers or networks;
(n) not advertise any goods or services (except where paid advertising is permitted). Sending "junk mail", "spam", "chain Content", "pyramid schemes" and similar activities are strictly prohibited;
(o) not solicit anyone to buy or sell products or services, or to make donations of any kind on the Website, without our express written approval, or to perform or participate in any unlawful or otherwise prohibited acts; and
(p) not use a Public Letter for the primary purpose of promoting a cause or movement, whether political, religious or otherwise, nor for the purpose of commemorating or glorifying an individual that is generally considered to be of ill repute or unscrupulous;
(q) not harvest, track or collect information about users of the Website.
You acknowledge and agree that, without limiting any other remedy we may have, we may elect not to deliver a Letter and reserve the right to delete or remove any Content, Letter or Public Letter that breaches these Terms.
10. Letters to the future
To send a Letter as a User, you must provide:
(r) Content for the Letter;
(s) an email address;
(t) the period of time before or the date on which you wish the Letter to be delivered.
This information will be used by FutureMe to deliver the Letter to the email address you provide on the date you or the Site Administrator sets as the date of delivery. Any Content, including personal information, that you provide must comply with these Terms.
Once you have sent the Letter by clicking on the “Send to the Future” button, you will only be able to read and edit your Letter for up to 48 hours after you write it. Once the 48 hours has expired, the Content of the Letter will be locked until it is delivered to the email address provided by you.
11. Collection of Letters sent on a Site
Letters that are sent by Users via a Site will be added to the Site that is visible to only the Site Administrator.
The Site Administrator is entitled to accept, reject or exclude Users from posting Content on a Site.
The Site Administrator may configure a Site so that both the email addresses and the Letters of Users are viewable by the Site Administrator. If this setting is on for a Site, a notice stating this will be posted under the “Send to the Future” button, visible to Users.
12. Public Letters posted to the Website
Only Users that hold a FutureMe Personal Membership or Premium Membership may post a Public Letter to the Website.
Public Letters must be posted anonymously.
FutureMe does not pre-screen postings of Public Letters and to the maximum extent permitted by law we are not responsible or liable in respect of any Public Letter.
We reserve the right (but disclaim the obligation or responsibility) to monitor any Content, including both Public Letters and Letters created on our Website.
We encourage you to notify us of inappropriate or illegal Content and we reserve the right to remove Public Letters or other Content posted in breach of these Terms.
If you believe yours or another person or entity’s Intellectual Property Rights have been infringed, please contact us at: email@example.com.
If you encounter a Public Letter that you consider to be inappropriate or illegal, you may “flag” the Public Letter for inappropriateness which will remove the Public Letter from the public section. If you would like to give us more details please contact us at: firstname.lastname@example.org.
We reserve the right to edit or abridge Public Letters and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our reasonable discretion in order to ensure the orderly, lawful and efficient operation of the Website.
Any Public Letters that include personally identifiable information, email addresses, advertisements, excessive profanity, hate speech or any other content that we deem inappropriate will be removed without notice.
Subject to our right to modify, suspend or discontinue any Account, Site or the Website, any Account or Site created on the Website, and its associated Content, will remain available online so long as FutureMe continues to conduct its business and operate the Website.
13. Intellectual Property Rights of Content
We make no claim to ownership of the Intellectual Property Rights in the Content created by Users on the Website or in a Site, but if you post a Public Letter or send a Letter you:
(u) grant us a non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable license to reproduce, modify, delete, adapt and publish any Content you post or upload and to sub-license the same for such purposes in connection with the provision of the Service as FutureMe considers necessary from time to time;
(w) you warrant that you have all necessary rights and consents in the Content that you contribute and that the Content does not in any way breach these Terms.
14. Use of Website Material
The contents of the Website (other than Content, Letters and Public Letters), including all other text, graphics, images, logos, icons, images, photographs, audiovisual material and other content (“Website Material”) are or may be protected by Intellectual Property Rights. Intellectual Property Rights in that material are either owned by or licensed to us.
You may access and view the Website Material for the purpose of your personal use of the Website. You may not, without our prior written permission, in any form or by any means:
(x) adapt, reproduce, store, distribute, print, display, perform, publish, disassemble, reverse engineer or create derivative works from any Website Material;
(y) commercialize or sell to anyone any information, Content, products or services obtained from any part of the Website;
(z) mirror or frame the Website or any part or page of the Website; or
(aa) use any automated process of any sort to query, access, retrieve, spam, phish, pharm, pretext, spider, crawl, scrape, data-mine or copy any Website Material or generate or compile any document, index or database based on the Website Material.
If you are a recognized media outlet or a commercial online publication, you may use the Website Material subject to you acknowledging FutureMe as the source of the relevant material re-published by you.
You agree not to disclose to any person or entity, personally identifiable information about other Users that you learn using the Website (whether posted in a Page or e-mailed to you by a User) without the express written consent of such User.
Except as expressly set forth herein, no right, title or interest in or to our Intellectual Property Rights is granted by us to you whether by implication, estoppel, or otherwise, and the provision of the Website, the Services and the Website Material to you hereunder shall have no effect on our Intellectual Property Rights with respect to the Website, the Services or the Website Material. You agree to respect all such rights, and to take or permit to be taken no actions which would infringe upon, misappropriate or violate such rights. As between you and us, all Intellectual Property Rights in and to the Website, the Services and the Website Material, and any improvements or other ideas, discoveries or inventions related thereto (including any and all those made in response to your feedback or suggestions), will be our property.
The Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
Our inclusion of linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any materials, products or services referred to or contained on those linked websites, unless and to the extent expressly stipulated to the contrary.
16 Privacy, Security of Information and data and system integrity
If you are a Site Administrator, you must keep your Account Details secure and confidential and not provide those details to any third party under any circumstance unless required by law. You may not transfer your rights as Site Administrator to another person without our prior written consent.
You acknowledge and agree that the Website and each Service are provided on an “as is” and “as available” basis. Although we will use reasonable efforts to provide the Website and the Service to you, you acknowledge and agree that we do not guarantee, represent or warrant that your use of the Website or any Service will be uninterrupted, timely, secure or error-free, that the information on or the results obtained from your use of the Website or the Service will be accurate or reliable, or that errors will be corrected in a timely manner or otherwise. The Website may contain bugs, errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including without limitation, servers, computers, tablets and smart phones) connected to your device. We reserve the right (but disclaim the obligation or responsibility) to correct any errors, inaccuracies or omissions, and to change or update information on the Website at any time without notice.
To the maximum extent permitted at law, you agree to indemnify, defend and hold harmless, FutureMe against any and all liabilities, costs, expenses (including attorneys’ fees), actions, claims, suits, judgments, settlements, penalties, losses, demands or damages of every kind whatsoever directly or indirectly arising from, related to or connected with:
(bb) your Content;
(cc) your breach of these Terms; or
(dd) infringement, misappropriation or violation by you of our or any third party’s Intellectual Property Rights.
You may not settle any such claim against FutureMe without our prior written consent. Any legal counsel appointed by you to defend such a claim must be experienced in the type of litigation involved and must be reasonably satisfactory to FutureMe.
18. Limitation of liability; Disclaimer
To the maximum extent permitted at law, you acknowledge and agree that FutureMe will not be liable to any person for, and you forever release and discharge us from, any claims that you have now or may have against us, whether under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or for any loss of profit, use, Content, data, opportunity, revenue or business, even if advised of their possibility, whether caused by any User or FutureMe.
In the event of a breach by FutureMe of a condition, warranty or obligation under these Terms, to the maximum extent permitted by law, FutureMe’s liability for such breach is limited to:
(ee) reimbursement of any charges deducted in error; or
(ff) refund of charges paid for a Premium Membership or FutureMe Pro Membership,
as determined by FutureMe in its sole discretion.
To the maximum extent permitted at law, we also disclaim all warranties and representations, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, suitability, title, non-infringement, and/or arising from a course of dealing. We do not control or direct what people and others do and say, and we are not responsible for their actions or conduct (whether online or offline), or any Content that is shared (including offensive, inappropriate, obscene, unlawful or other objectionable Content).
You must ensure that your access to the Website is not illegal or prohibited by laws or policies (such as employers’ usage policies) that apply to you.
You must take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility or liability for any interference or damage to your own computer which arises in connection with your use of the Website or any linked website or service and which is not attributable to FutureMe.
20. Termination and prohibition of access
We reserve the right to suspend or terminate your access to the Website at any time immediately without notice: (a) if we form the view there is a breach or threatened breach of these Terms by you, (b) for any other reason, or (c) for no reason. Upon any such suspension or termination, your right to use the Website and the Services will immediately cease and you will remain liable for all amounts due up to and including the date of suspension or termination. You agree that we shall not be liable to you or any third party for any termination of your access to the Website or any Service. To the maximum extent permitted at law, all provisions of these Terms which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such suspension or termination.
FutureMe reserves the right to ban any person from using the Service on the basis of past or threatened breaches of these Terms.
FutureMe also reserves the right to modify, suspend or remove the Website or the Service (or any part of the Website or Service), either temporarily or permanently, at any time or from time to time, with or without prior notice to you.
You may cancel your Subscription Plan at any time.
If you cancel your Subscription Plan due to change of mind, no pro rata refunds will be provided.
If you cancel your Subscription Plan in accordance with section 5 of the Terms due to an increase in the Subscription Fee which you do not accept, a pro rata refund will be provided calculated in respect of the unexpired portion of that Subscription Fee Period.
If you cancel your Subscription Plan in accordance with sections 21 or 24 because you do not agree to new terms or revised terms respectively, a pro rata refund will be provided calculated in respect of the unexpired portion of that Subscription Fee Period.
21. Additional terms and policies
FutureMe reserves the right to put in place and adopt any further additional terms and policies that it considers reasonable and necessary.
You should visit the Website periodically to review these Terms. However, FutureMe will notify you by email to the email address linked to your Page when any such new terms and policies are displayed on the Website.
If you do not agree to the new terms, you may cancel your Subscription Plan through your account. However, if you continue to use the Website following our posting of new terms, such continued use will constitute your acceptance of those new terms.
Any provision of these Terms which is void or unenforceable may be severed from these Terms without affecting the validity or enforceability of other provisions.
Any failure or delay by us to enforce or exercise a power or right or provisions of these Terms will not constitute a waiver of those rights or provisions, and the exercise of a power or right by us does not preclude our ability to exercise that or any other power or right in the future. All rights not expressly granted are reserved.
We reserve the right at our reasonable discretion to revise these Terms at any time. You should visit the Website periodically to review these Terms. Amendments will be effective immediately upon notification on the Website. If you do not agree to the revised terms, you may cancel your Subscription Plan through your account. If you continue to use the Website or any Service following our posting of revised terms, such continued use will constitute your acceptance of those revised terms
25. Governing Law
These Terms are governed by, and must be construed and enforced exclusively according to the internal laws of the State of Delaware (and U.S. federal law, to the extent applicable) Any lawsuit arising from or related to these Terms or any other matter concerning the operation of the Website must be brought exclusively before the U.S. District Court for the District of Delaware or any court sitting in New Castle County, Delaware. The parties hereby expressly exclude the application of The United Nations Convention on Contracts for the International Sale of Goods to these Terms, including Article 35(2) thereof. EACH PARTY HERETO EXPRESSLY AND IRREVOCABLY WAIVES ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM RELATING TO OR ARISING IN ANY WAY FROM THESE TERMS, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THESE TERMS, OR ANY TRANSACTION CONTEMPLATED IN THESE TERMS OR ANY SUCH DOCUMENTS. YOU AND WE EACH ACKNOWLEDGE THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR LATER TO THE VENUE OR JURISDICTION OF ANY ACTION, INCLUDING based upon lack of personal jurisdiction, improper venue, forum non conveniens, or similar grounds. Any action arising under these Terms or in respect of any Service or any product obtained through our site, OTHER THAN FOR NON-PAYMENT, must be brought within one (1) year from the date that the cause of action arose.
26. Miscellaneous Terms
These Terms and any policies or operating rules posted by us on the Website or in respect of any Service constitutes the entire agreement and understanding between you and us and govern your use of the Website and the Services, superseding any prior or contemporaneous agreements, course of dealing, usage of trade, communications and proposals, whether oral or written, between you and us (including any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. You may not transfer, assign or delegate your rights or obligations under these Terms or any portion thereof. These Terms will be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns and designees. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. As used in these Terms, the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”.
27. Electronic Signature
You agree that your acceptance of these Terms by electronic means, including an “I Accept” or similar button or checkbox or other electronic signature process, indicates your intent be bound and is binding upon you and enforceable in the same manner as a handwritten signature.
28. Contact Information
Questions about these Terms should be sent to us at email@example.com.
These Terms were last updated on November 2021.