Terms of Use — FutureThink

Terms of Use.

Terms of Use

Effective Date: February 1, 2021

Future Think LLC (collectively “futurethink,” “we,” “us,” or “our”) maintains the www.futurethink.com website (“Site”). By using the Site, you agree that you have read, understand, and agree to these terms of use (“Terms of Use”), which incorporate our Privacy Policy. Please note that certain sections of the Site may have additional or different terms of use or privacy policies applicable to those sections of the Site. Any such additional or different terms will be posted on the applicable section of the Site. If you do not agree to these Terms of Use or the Privacy Policy, please do not use the Site. If you have any questions regarding these Terms of Use, please contact us at innovate@futurethink.com.

User Content

Except as may be permitted on certain pages of the Site, you are not permitted to post any content on the Site. Where you are permitted to post content on the Site, you may not post or link to any content that is false, defamatory, inaccurate, abusive, harassing, obscene, sexually-oriented, threatening, invasive of a person's privacy, or that would infringe on any third party’s rights (including copyrights and other intellectual property rights) or content that otherwise violate any applicable law, rules, or regulations. We have the right to distribute, copy, adapt, reproduce, and otherwise use any content that you post to the Site. We may, but are not required to, moderate, review, edit, or remove any content you post to the Site for any reason. Any information that you post to our Site becomes publicly available and may be viewable by any visitors to our Site. By posting content to our Site, you agree that such posting is subject to these Terms of Use and our Privacy Policy.

Use of Materials

Unless otherwise indicated, the Site and the material on the Site, including but not limited to all text, HTML code, graphics, button images, and the site design and “look and feel,” are owned or licensed by us and are protected pursuant to U.S. and foreign copyright, trademark, and other laws. No intellectual property or other rights in or to this Site or its contents are transferred to you. This Site and the material on this Site may not be modified, copied, distributed, republished, downloaded, uploaded, or commercially exploited in any manner without our prior written consent, except that you are permitted to download a copy of any of the materials on this Site on a single computer for personal, noncommercial use, provided no copyright, trademark or other proprietary notices are removed. The information provided on the Site is provided solely for illustrative and/or informational purposes and does not create any business, contractual, or employment relationship. 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 of futurethink. Nor may you mirror on your own site the home page or results pages of the materials and services on the Site. Futurethink and any and all other services marks or trademarks used on the Site are the registered and/or unregistered service marks or trademarks of futurethink. The use of these or any other service marks or trademarks on the Site is prohibited without express written permission from us and/or the owner of any such service mark or trademark.

Linking and Other Websites

Unless expressly permitted, you may not create a link to this Site. Our Site may contain links to other websites, including various social media websites. We do not regularly review materials on websites linked to from this Site and do not necessarily endorse the materials appearing on any websites linked to from this Site. We assume no responsibility or liability for the content or the policies and practices of such other websites. We encourage you to be aware when you leave our Site and to read the privacy policies of any other website that you visit. 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.

Email Communications

If you subscribe to receive email communications from us, we may send you email communications to alert you to company news and provide you with other company information. In addition, if you sign up to receive information regarding job opening that may be of interest to you, we may send you email communications based on the preferences you specified in connection with signing-up for such communications. We may also contact you regarding any jobs for which you applied, even if you did not sign-up to receive ongoing communications from us. If at any time you would like to stop receiving these email communications, you can follow the opt-out procedures described in such email.

No Warranty and Limitation of Liability and Indemnification

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL MATERIAL AND CONTENT ON THIS SITE IS ACCESSED AND PROVIDED AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MATERIAL AND CONTENT ON THIS SITE 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 MATERIAL AND CONTENT, 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 FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, 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 MATERIAL AND CONTENT ON THIS SIT, 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.

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 your use of the Site or your violation or breach of these Terms of Use and/or the Privacy Policy.

Security

We follow generally accepted industry standards to protect the information we collect. That said, no data security measures are 100% secure. Therefore, while we implement reasonable physical, technical, and administrative measures to protect the information we collect, we cannot guarantee its absolute security.

Changes to These Terms of Use

We have the right to change these Terms of Use without prior notification to you. If we make a change to these Terms of Use, we will change the effective date above. We suggest you review these Terms of Use from time to time. If we materially change these Terms of Use, we will attempt to provide you with notice of such changes via email or by posting a notice on our Site.

Choice of Law

You agree that the laws of the State of New York, without regard to its conflicts-of-law rules, shall govern these Terms of Use and the Privacy Policy. Please note that your use of the Site 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 Site 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.

Digital Millennium Copyright Act Compliance

If you believe that any materials posted on the Site 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

405 Lexington Avenue, Suite 922

New York, New York 10174

Email: innovate@futurethink.com

Phone: 917.810.4191

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 Site;
Identification of the allegedly infringing material on the Site, and information reasonably sufficient to permit us to locate such material on our Site;
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.

Copyrights

All materials and content on the site are © 2005-2024 Future Think LLC or its affiliates. All rights reserved. Photographs and illustrations are copyrighted by their respective owners, as noted in the credits.

Trademarks

Entire contents © 2005-2024, 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.