These terms of use ("Terms of Use") are provided on behalf of the Sixup Foundation ("Sixup Foundation", "we", "us", "our"). The below terms govern your use of the FuturePrime™ website, including any sub-domain thereof as well as any social media page of the Sixup Foundation (collectively, the "Site"), and other tools, products, and services provided by the Sixup Foundation (collectively, the "Products and/or Services").
By using the Site or registering with any of the Products and/or Services, you acknowledge and agree that you have read, understand, and accept the terms and conditions described below, and you agree to be legally bound by all terms, conditions, policies, and guidelines, including such other agreements on the Site, which are incorporated in these Terms of Use by reference.
Subject to your remaining in compliance with the provisions of the Terms of Use, the Sixup Foundation hereby grants to you a limited, worldwide, royalty-free, non-exclusive, non- transferable, non-sublicensable license solely to access and use the Products and Services. The Products and Services shall not be used in any other manner or for any other purpose. Use of the Services by children under the age of 13 is prohibited. By using any Product or Service, you warrant that you are 13 years of age or older.
Some Products and Services may require that you register on the Site. When you register or apply for a Product or Service, you agree to provide current, complete, and accurate information about yourself and update your information should it change in the future. If any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to cancel your registration, terminate any agreement we have with you, and restrict your future use of the Site and our Products and Services. We reserve the right to reject any registration.
When you successfully register with us, you will be required to create an account on the Site. Certain areas of the Site are accessible only to registered accountholders. In order to access the registered-accountholder- only areas of the Site, you will need the username and password you have created.
You must maintain the confidentiality of your assigned user name and passwords. You may not disclose your user name or password to any third party. You are solely responsible for (1) authorizing, monitoring, controlling access to and maintaining the strict confidentiality of your username and password, (2) not allowing another person to use your username or password, (3) any charges or damages that may be incurred as a result of your neglect to maintain the strict confidentiality of your username and password, and (4) promptly informing the Sixup Foundation of any need to deactivate a username due to security or other concerns. You agree to immediately notify the Sixup Foundation at help@futureprime.com of any unauthorized use of your username or password or any other breach of security. If a password is lost or stolen, it is your responsibility to change the password, and immediately notify the Sixup Foundation, so that your account remains secure and functional. The Sixup Foundation is not liable for any harm related to the theft of usernames or passwords, disclosure of usernames or passwords, or your authorization to allow another person or entity to access and use the Site using your username or password.
You may deactivate your account at any time. You will still have the ability to reactivate your account and restore your profile in its entirety; however, the Sixup Foundation will continue to store your information in accordance with, and as allowed by, law and regulation.
Your privacy is very important to us. Our Online Privacy & Security Practices statement explains how we treat your personal information and protect your privacy when you use our Site or Products or Services. We will not share or sell any of your information with any third party, except as specifically described in our Online Privacy & Security Practices statement, which is incorporated by reference into these Terms of Use.
You agree that “FuturePrime," "Sixup", and all logos related to our Products and Services are our or our licensors’ trademarks or registered trademarks. You may not copy, imitate, or use them without our prior written consent. You may not use or export or re-export any portion of the Site in violation of any applicable laws or regulations. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress. You are authorized solely to view and retain a copy of the pages of the site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images, or other materials on this Site for the purpose of communicating or transacting with the Sixup Foundation. You may not copy, imitate, or use them without our prior written consent. All right, title, and interest in and to the Site, any content thereon, our Products and Services, the technology related to our Products and Services, and any and all technology and any content created or derived from any of the foregoing is our or our licensors’ exclusive property. You will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the Web or a social media site, or in any way distribute or exploit this Site, or any portion of the Site for any public or commercial use without the express written consent of the Sixup Foundation. Additionally, you agree that you (i) will not remove or alter any author, trademark, or other proprietary notice or legend displayed on this Site (or printed pages produced from this Site), and (ii) will not make any other modifications to any documents obtained from the Site other than in connection with completing information required to obtain the Products and Services of the Sixup Foundation.
THE SITE, OUR PRODUCTS, SERVICES, INFORMATION, AND MATERIALS, INCLUDING TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED IN THE SITE ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM PERMITTED BY LAW, THE SIXUP FOUNDATION, OUR VENDORS, AND SUPPLIERS, AND OUR AND THEIR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, EMPLOYEES, AND LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, AND NON-INFRINGEMENT, AND SHALL NOT BE RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION OR UNDER ANY OTHER LEGAL THEORY.
WE DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE SITE AND EXPRESSLY DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION. WE DO NOT GUARANTEE CONTINUOUS, TIMELY, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR OUR PRODUCTS AND SERVICES, AND THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL. WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCOMPLETENESS, DELETION, DEFECT, FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, ALTERATION OF, OR USE OF, ANY CONTENT HEREIN, REGARDLESS OF THE CAUSE, FOR ANY DAMAGES RESULTING THEREFROM. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SITE AND/OR OUR PRODUCT AND SERVICES. ALTHOUGH WE PROVIDE RULES FOR USER CONDUCT AND POSTINGS, WE DO NOT CONTROL NOR ARE WE RESPONSIBLE FOR WHAT USERS POST ON THE SITE OR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON THE SITE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR OUR PRODUCTS OR SERVICES.
THIS SITE MAY CONTAIN ADVICE, OPINIONS, AND STATEMENTS FROM VARIOUS INFORMATION PROVIDERS OR CONTENT PROVIDERS. THE SIXUP FOUNDATION DOES NOT ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION PROVIDED BY ANY INFORMATION PROVIDER OR CONTENT PROVIDER, OR ANY USER OF THIS SITE OR OTHER PERSON OR ENTITY. RELIANCE UPON SUCH OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION SHALL ALSO BE AT YOUR OWN RISK.
YOU AGREE THAT ALL ACCESS AND USE OF THE SITE AND ITS CONTENTS AND YOUR USE OF THE PRODUCTS AND SERVICES IS AT YOUR OWN RISK. IN NO EVENT SHALL THE SIXUP FOUNDATION, OUR VENDORS, AND SUPPLIERS, AND OUR AND THEIR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, EMPLOYEES, AND LICENSORS BE HELD LIABLE FOR ANY DAMAGES, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.
You shall indemnify, defend and hold harmless the Sixup Foundation, our vendors and licensors, and our and their directors, officers, agents, employees, and licensors from and against any claims, demands, or causes of action (a) alleging infringement of any third-party intellectual property rights based on (i) your use of the Site or any Product or Service, (ii) the use of any other software or hardware that is used in conjunction with the Site or any Product or Service, (iii) the unauthorized use of the Site or any Product or Service, or (iv) the use of the Site or any Product or Services not in conformance with the specifications or the requirements of the Terms of Use; (b) based on the unauthorized use of the Site or any Product or Service by you; or (c) based on or resulting from a breach of any provision of the Terms of Use by you.
The Sixup Foundation may, in its sole discretion, discontinue offering any or all Products or Services or terminate or suspend your access to the Products or Services at any time. The Sixup Foundation reserves the right to change or modify any of the terms and conditions contained in the Terms of Use at any time, in its sole discretion, by posting changes on the Sixup Foundation website, futureprime.com (or another URL that the Sixup Foundation may provide from time to time). You are advised to regularly review the Terms of Use. You accept modifications of the Terms of Use through online acceptance of the terms or through your continued use of any part of the Products or Services following the posting of any such changes or modifications.
Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Each term shall survive the termination of the Terms of Use, including without limitation the sections “Intellectual Property,” “Disclaimer of Warranties,” “Limitation of Liability,” and the “General Provisions,” as contemplated by each such term to enforce the rights thereunder.
All notices, demands, requests, consents, or other communications required or permitted by the Terms of Use (“Notices”) shall be in writing and sent to the parties at their current known email addresses, postal addresses, or to such other address as either party may specify in writing. Notices shall be deemed duly served on or delivered (1) when delivered personally, (2) when sent to the other party by certified mail, return receipt requested, (3) when delivered by hand or sent by recognized overnight courier (with acknowledgement received by the courier).
The Terms of Use shall be governed by and construed in accordance with the laws of the State of California without reference to its principles of conflicts or choice of law. The parties hereby opt out of the Uniform Computer Information Transaction Act to the fullest extent permitted by law.
Any and all disputes arising under this Agreement shall only be resolved by courts located in the State of California and the parties hereto consent to venue therein, the exclusive personal jurisdiction thereof, and to the sufficiency of service of process by certified or registered mail in connection with any dispute arising out of or in connection with the Terms of Use. In the event of any dispute arising out of or related to the Terms of Use, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs. No claim may be brought against the Sixup Foundation more than one year after the occurrence of the underlying events relating to the claim.
By submitting your contact information to us, you are expressly consenting to be contacted by us by telephone, email, or postal mail even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List or the Do Not Call List of any specific institution.
In connection with your registration or account, we may need or want to contact you from time to time in connection with your registration or account. By registering on our Site, you are consenting to be contacted by us by written notices, email messages, text messages, or telephone, including mobile telephone numbers that could result in charges to you, or at any email address or mailing address we have for you in our records or from other public and nonpublic databases we may lawfully access.
If you have questions or concerns regarding these terms, you should contact us by emailing help@futureprime.com
Updated: September 7, 2017