Future Executives, Inc., Inc. (“Future Executives, Inc.”, “Futureexeuctives.org, or “we”) operates Futureexecutives.org, which is a non-profit social networking/mutli-media website.
Future Executives, Inc., (“Future Executives, Inc.”, “Futureexecutives.org”, “FE” or “we”) operates Futureexecutives.org, which is a social networking service that allows FEusers to create educational and social personal profiles online in order to expose children to the various career and entrepreneur paths. In addition, the web site will offer other support services other business support services that are covered in the mission statement of Future Executives, Inc. The services offered by Future Executives, Inc. include any Future Executives, Inc.-branded URL (the “Futureexecutives.org Website”), the Future Executives, Inc. instant messaging service, the Future Executives, Inc. application developer service and other features (for example, music and video embedded players), Future Executives, Inc. mobile services, and any other features, content, or applications offered from time to time by Future Executives, Inc. in connection with Futureexecutives.org’s business (collectively, the “Future Executives, Inc. Services”). The Future Executives, Inc. Services are hosted in the United States.
This Agreement includes Future Executives, Inc.’s policy for acceptable use of Future Executives, Inc. Services and Content (as defined below) posted on or through the Future Executives, Inc. Services and your rights, obligations and restrictions regarding your use of the Future Executives, Inc. Services and Content posted on or through the Future Executives, Inc. Services. In order to participate in certain Future Executives, Inc. Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from Future Executives, Inc.. Unless otherwise provided by the additional terms and conditions applicable to the Future Executives, Inc. Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may copy this Agreement by printing it at anytime. Future Executives, Inc. may modify this Agreement from time to time and such modification shall be effective upon posting by Future Executives, Inc. on the Futureexecutives.org Website. Your continued use of the Futureexecutives.org Services after Future Executives, Inc. posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore imperative and your responsibility for to you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the Futureexecutives.org and that you provide to other Users. Your Futureexecutives.org profile may not include any form of unlawful/illegal Content, as outlined in Section 3 below. Despite this prohibition, information, materials, products or services provided by other Futureexecutives.org FEusers (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Future Executives, Inc. assumes no responsibility or liability for this material. If you become aware of misuse of the Futureexecutives.org Services by any person, please click on and leave a message at firstname.lastname@example.org. Future Executives, Inc. reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Future Executives, Inc. Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Future Executives, Inc. expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Futureexecutives.org Services if Future Executives, Inc. determines, in its sole discretion, that you have violated this Agreement or pose a threat to Futureexecutives.org and/or its Users.
Eligibility. Use of the Futureexecutives.org Services and registration to be a FEuser for the Futureexecutives.org Services (“FE usage”) is void where prohibited. By using the Future Executives, Inc. Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) if you are under 18, years of age o you have parents permission, if you are 18 r older; and (d) your use of the Future Executives, Inc. Services does not violate any applicable law or regulation. Your profile may be deleted and your FE usage may be terminated without warning, if we believe that you are under 18 years of age and do not have parental permission, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Futureexecutives.org Services or are a FEuser. You may terminate your FE usage at any time, for any reason, by following the instructions on the FEuser’s Account Settings page. Future Executives, Inc. may terminate your FE usage at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after FE usage is terminated, this Agreement will remain in effect, including all Sections.
Password. When you sign up to become a FEuser, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another FEuser at any time or to disclose your password to any third party. You agree to notify Future Executives, Inc. immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Fees. You acknowledge that Futureexecutives.org reserves the right to charge for any portion of the Future Executives, Inc. Services and to change its fees (if any) from time to time in its discretion. If Future Executives, Inc. terminates your FE usage because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
When you use Futureexecutive.org, certain information you post or share with third parties (e.g., a friend or someone in your network), such as personal information, comments, messages, photos, videos, Marketplace listings or other information, may be shared with other users in accordance with the privacy settings you select. All such sharing of information is done at your own risk. Please keep in mind that if you disclose personal information in your profile or when posting comments, messages, photos, videos, Marketplace listings or other items, this information may become publicly available.
We may provide information to service providers to help us bring you the services we offer. We may use third parties to facilitate our business, such as to host the service at a co-location facility for servers, to send out email updates about Futureexecutive.org, to remove repetitive information from our user lists, to process payments for products or services, to offer an online job application process, or to provide search results or links (including sponsored links). In connection with these offerings and business operations, our service providers may have access to your personal information for use for a limited time in connection with these business activities. Where we utilize third parties for the processing of any personal information, we implement reasonable contractual and technical protections limiting the use of that information to the Futureexecutive.org-specified purposes.
If you, your friends, or users of your network use any third-party applications developed using the Futureexecutive.org service. The use of applications may make your profile accessible and certain information about you with may be shared with others in accordance with your basic profile. You may opt-out of any sharing of certain or all information through Application please contact us at email@example.com. In addition, third party developers who have created and operate Application may also have access to your personal information (excluding your contact information) if you permit Applications to access your data. Before allowing any Developer to make any Application available to you, Futureexecutive.org requires the Developer to enter into an agreement which, among other things, requires them to respect your privacy settings and strictly limits their collection, use, and storage of your information. However, while we have undertaken contractual and technical steps to restrict possible misuse of such information by such Developers, we of course cannot and do not guarantee that all Developers will abide by such agreements. Please note that Futureexecutive.org does not screen or approve Developers and cannot control how such Developers use any personal information that they may obtain in connection with their Applications. In addition, Developers may require you to sign up to their own terms of service, privacy policies or other policies, which may give them additional rights or impose additional obligations on you, so please make sure to review these terms and policies carefully before using any Applications. You can report any suspected misuse of information through Futureexecutive.org and we will investigate any such claim and take appropriate action against the Developer up to and including terminating their participation in the Futureexecutive.org Website and/or other formal legal action.
We occasionally provide demonstration accounts that allow non- users a glimpse into the Futureexecutive.org world. Such accounts have only limited capabilities (e.g., messaging is disabled) and passwords are changed regularly to limit possible misuse.
We may be required to disclose user information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may share account or other information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Futureexecutive.org service or using the Futureexecutive.org name, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies. You choose to share information with marketers or electronic commerce providers through on-site offers.
We may offer products or provide services jointly with other companies on Futureexecutive.org. You can tell when another company is involved in any store or service provided on Futureexecutive.org, and we may share customer information with that company in connection with your use of that store or service.
In order to provide you as a Futureexecutive.org user with clear disclosure of the activity information being collected on third party sites and potentially shared with your friends on Futureexecutive.org, we collect certain information from that site and present it to you after you have completed an action on that site. You have the choice to have Futureexecutive.org discard that information, or to share it with your friends. Like many other websites that interact with third party sites, we may receive some information even if you are logged out from Futureexecutive.org, or that pertains to non-Futureexecutive.org users, from those sites in conjunction with the technical operation of the system. In cases where Futureexecutive.org receives information on users that are not logged in, or on non-Futureexecutive.org users, we do not attempt to associate it with individual Futureexecutive.org accounts and will discard it.
If the ownership of all or substantially all of the Futureexecutive.org business, or individual business units owned by Futureexecutive.org, Inc., were to change, your user information may be transferred to the new owner so the service can continue operations. In any such transfer of information, your user information would remain subject to the promises made in any pre-existing Policy.
Use by FEusers. The Futureexecutives.org Services are for the personal use of FEusers and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Future Executives, Inc.. Future Executives, Inc. reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Futureexecutives.org Services, including collecting usernames, user id numbers, and/or email addresses of FEusers by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Future Executives, Inc. Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from FEuser profiles without notice or explanation and may result in termination of FE usage privileges. Futureexecutives.org reserves the right to take appropriate legal action for any illegal or unauthorized use of the Futureexecutives.org Services.
Licenses. If you own or control a website, you may place Future Executives.org’s share link button, logo and/or text (a “Share Link”), including all trademarks therein, on your website for the sole purpose of enabling users to Post links or content from your website on the Future Executives.org Service. By offering a Share Link on your website, you agree, represent and warrant that you will not place a Share Link on any page containing content that would violate these Terms if Posted on the Future Executives.org Service. The rights granted in this paragraph may be revoked by us at any time in our sole discretion, and upon such termination, you will immediately remove all Share Links from your website.
Future Executives.org may not be used as a means to transfer money to a third party. You agree that Future Executives, Inc. has the absolute right to manage, regulate, control, modify and/or eliminate credit card usage. Future Executives, Inc. will have no liability to you for exercising such rights.
Content Ownership; Proprietary Rights. Except for User Content and Applications/Connect Sites, all materials, content and trademarks on the Future Executives, Inc. Service are the property of Future Executives, Inc. and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. Without limiting the foregoing, The Future Executives Logs, FEuser, Virtual Volunteer Center, Virtual Mentor, Virtual Explorer, “FE” dia, “ask your representatives”, FE Blogging, and all related logos, are trademarks of Future Executives, Inc.. Except as expressly authorized by Future Executives, Inc. in writing, you agree not to use, sell, license, distribute, copy, publish, stream, publicly perform or display, transmit, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works or otherwise make unauthorized use of the materials, content or trademarks.
1. Proprietary Rights in Content on Futureexecutives.org
1.3 Future Executives, Inc. does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the Futureexecutives.org Services. After posting your Content to the Futureexecutives.org Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (“posting”) any Content on or through the Futureexecutives.org Services, you hereby grant to Futureexecutives.org a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Futureexecutives.org Services, including without limitation distributing part or all of the Futureexecutives.org Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the Futureexecutives.org Website. This limited license does not grant Futureexecutives.org the right to sell or otherwise distribute your Content outside of the Futureexecutives.org Services. After you remove your Content from the Futureexecutives.org Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the Futureexecutives.org Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the Futureexecutives.org Website as soon as practicable after you make the change.
1.2 The license you grant to Futureexecutives.org is non-exclusive (meaning you are free to license your Content to anyone else in addition to Futureexecutives.org), fully-paid and royalty-free (meaning that Futureexecutives.org is not required to pay you for the use on the Futureexecutives.org Services of the Content that you post), sublicensable (so that Futureexecutives.org is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Futureexecutives.org Services), and worldwide (because the Internet and the Futureexecutives.org Services are global in reach).
1.3 You represent and warrant that: (i) you own the Content posted by you on or through the Futureexecutives.org Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Futureexecutives.org Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Futureexecutives.org Services.
1.4 The Futureexecutives.org Services contain Content of Futureexecutives.org (“Futureexecutives.org Content”). Futureexecutives.org Content is protected by copyright, trademark, patent, trade secret and other laws, and Future Executives, Inc owns and retains all rights in the Futureexecutives.org Content and the Futureexecutives.org Services. Futureexecutives.org hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Futureexecutives.org Content (excluding any software code) solely for your personal use in connection with viewing the Futureexecutives.org Website and using the Futureexecutives.org Services.
1.5 The Futureexecutives.org Services contain Content of Users and other Futureexecutives.org licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Futureexecutives.org Services.
1.6 Futureexecutives.org performs technical functions necessary to offer the Futureexecutives.org Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Futureexecutives.org Services.
2. Content Posted.
2.1 Futureexecutives.org may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Futureexecutives.org violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Futureexecutives.org assumes no responsibility for monitoring the Futureexecutives.org Services for inappropriate Content or conduct. If at any time Futureexecutives.org chooses, in its sole discretion, to monitor the Futureexecutives.org Services, Futureexecutives.org nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2.2 You are solely responsible for the Content that you (as a user or Parental/Guardian) post on or through any of the Futureexecutives.org Services, and any material or information that you transmit to other FEusers and for your(or your child’s) interactions with other Users.
3. UNLAWFUL Content/Activity The following are examples of the kind of Content that is illegal or unlawful to post on or through the Futureexecutives.org Services. Futureexecutives.org reserves the right to investigate and take appropriate legal action against anyone who, in Futureexecutives.org’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Futureexecutives.org Services and terminating the FE usage of such violators. Unlawful Content includes, but is not limited to, Content that, in the sole discretion of Futureexecutives.org:
3.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
3.2 harasses or advocates harassment of another person;
3.3 exploits people in a sexual or violent manner;
3.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
3.5 solicits personal information from anyone under 18;
3.6 publicly posts information that poses or creates a privacy or security risk to any person;
3.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
3.8 constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
3.9 involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
3.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
3.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
3.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
3.13 involves commercial activities and/or sales without prior written consent from Futureexecutives.org such as contests, sweepstakes, barter, advertising, or pyramid schemes;
3.14 includes a photograph or video of another person that you have posted without that person’s consent;
3.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or
3.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or unlawful on the Futureexecutives.org Website and through your use of the Futureexecutives.org Services. Futureexecutives.org reserves the right to investigate and take appropriate legal action against anyone who, in Futureexecutives.org’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Unlawful activity includes, but is not limited to:
3.17 criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
3.18 advertising to, or solicitation of, any FEuser to buy or sell any products or services through the unauthorized or impermissible use of the Futureexecutives.org. You may not transmit any chain letters or junk email to other FEusers. In order to protect our FEusers from such advertising or solicitation, Futureexecutives.org reserves the right to restrict the number of emails which a FEuser may send to other FEusers in any 24-hour period to a number which Futureexecutives.org deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Futureexecutives.org, you acknowledge that you will have caused substantial harm to Futureexecutives.org, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Futureexecutives.org $30 for each such unsolicited email or other unauthorized commercial communication you send through the Futureexecutives.org Services;
3.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Futureexecutives.org Services;
3.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
3.21 covering or obscuring the banner advertisements on your personal profile page, or any Futureexecutives.org page via HTML/CSS or any other means;
3.22 any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
3.23 interfering with, disrupting, or creating anundue burden on the Futureexecutives.org Services or the networks or services connected to the Futureexecutives.org Services;
3.24 impersonating or attempting to impersonate another FEuser, person or entity;
3.25 for band, comedy, filmmaker and other profiles containing a Futureexecutives.org player, copying the code for your Futureexecutives.org Player and embedding it (or directing others to embed it) anywhere other than your band profile on Futureexecutives.org;
3.26 using the account, username, or password of another FEuser at any time or disclosing your password to any third party or permitting any third party to access your account;
3.27 selling or otherwise transferring your profile;
3.28 using any information obtained from the Futureexecutives.org Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
3.29 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Futureexecutives.org Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your “Top 8” friends, or sending private messages with a commercial purpose; or
3.30 using the Futureexecutives.org Services in a manner inconsistent with any and all applicable laws and regulations.
FEuser conflicts. You are solely responsible for your interactions with other Futureexecutives.org FEusers. Futureexecutives.org reserves the right, but has no obligation, to become involved in any way with disputes between you and other FEusers.
Disclaimers. Futureexecutives.org is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Futureexecutives.org Services, whether caused by Users of the Futureexecutives.org Services or by any of the equipment or programming associated with or utilized in the Futureexecutives.org Services and such User Content does not necessarily reflect the opinions or policies of Futureexecutives.org. Profiles and third party applications created and posted by FEusers on the Futureexecutives.org Website may contain links to other websites. Futureexecutives.org is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Futureexecutives.org. Inclusion of any linked website on the Futureexecutives.org Services does not imply approval or endorsement of the linked website by Futureexecutives.org. When you access these third party sites, you do so at your own risk. Futureexecutives.org takes no responsibility for third party advertisements or third party applications that are posted on or through the Futureexecutives.org Services, nor does it take any responsibility for the goods or services provided by its advertisers. Futureexecutives.org is not responsible for the conduct, whether online or offline, of any User of the Futureexecutives.org Services. Futureexecutives.org assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or FEuser communication. Futureexecutives.org is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Futureexecutives.org Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Futureexecutives.org Services. Under no circumstances shall Futureexecutives.org be responsible for any loss or damage, including personal injury or death, resulting from use of the Futureexecutives.org Services, attendance at a Futureexecutives.org event, from any User Content posted on or through the Futureexecutives.org Services, or from the conduct of any Users of the Futureexecutives.org Services, whether online or offline. The Futureexecutives.org Services are provided “AS-IS” and as available and Futureexecutives.org expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Futureexecutives.org cannot guarantee and does not promise any specific results from use of the Futureexecutives.org Services.
Limitation on Liability. IN NO EVENT SHALL FUTUREEXECUTIVES.ORG BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE FUTUREEXECUTIVES.ORG SERVICES, EVEN IF FUTUREEXECUTIVES.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FUTUREEXECUTIVES.ORG’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FUTUREEXECUTIVES.ORG FOR THE FUTUREEXECUTIVES.ORG SERVICES DURING THE TERM OF FE USAGE.
U.S. Export Controls. Software available in connection with the Futureexecutives.org Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Futureexecutives.org Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and Futureexecutives.org agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the Futureexecutives.org Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
Indemnity. You agree to indemnify and hold Futureexecutives.org, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Futureexecutives.org Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Futureexecutives.org Services causes Futureexecutives.org to be liable to another.
Intellectual Property Complaints. We respect the Intellectual Property rights of others and we prohibit users from Posting User Content that violates another party’s IP rights. When we receive a proper claim of IP infringement, we promptly remove or disable access to the allegedly infringing User Content. We also terminate the accounts of repeat infringers in appropriate circumstances. If you believe that User Content on the Future Executtives.org site infringes your IP rights, please contact us under “firstname.lastname@example.org”.
Other. This Agreement is accepted upon your use of the Futureexecutives.org Website or any of the Futureexecutives.org Services and is further affirmed by you becoming a FEuser. This Agreement constitutes the entire agreement between you and Futureexecutives.org regarding the use of the Futureexecutives.org Services. The failure of Futureexecutives.org to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Futureexecutives.org is a trademark of Futureexecutives.org, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.