Terms and Conditions

The Week Junior US

Terms & Conditions

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS SITE.

As used herein, "Services" refers to theweekjunior.com (including web sites designed to be accessed by browsers using Wireless Application Protocol) and other web sites on the World Wide Web or mobile applications developed for tablet devices, smartphones or other mobile electronic devices, originating in the United States, which are owned and/or operated by Future US LLC ("The Week"). By using these Services, you indicate your acceptance of these Terms & Conditions. If you do not agree to these Terms & Conditions, you are not permitted to access these Services and you should not do so.

We reserve the right, in our sole discretion, to change, modify or otherwise update these Terms & Conditions at any time, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, updates or additions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting to these Services, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Your use of these Services after such notice is posted means that you accept these changes or updates.

We may change, suspend or discontinue any aspect of these Services at any time, including the availability of any feature or content. We may also impose limits on certain features and services or restrict your access to parts or all of these Services without notice or liability.

USE OF MATERIALS LOCATED ON THESE SERVICES: COPYRIGHTS, TRADEMARKS AND RESTRICTIONS

All materials published on these Services (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by us or the party credited as the provider of the material. The entire contents of theweekjunior.com are also protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through these Services. No material from these Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer (or other electronic device) for your personal, noncommercial home use, and may print one hard copy of the material on these Services for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners' copyrights and other proprietary rights. The use of any such material on any other web site or networked computer environment is prohibited.

All trademarks, service marks, and trade names are proprietary to us or the other designated owner of a posted mark. Elements of these Services are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

SUBMISSIONS AND PUBLIC FORUMS

These Services includes social media, chat areas, message boards, e-mail and other interactive functions ("Forums") which may allow feedback and submissions to the Services and real-time interaction between guests. Only registered guests who have expressly indicated their agreement to these Terms & Conditions may use any of these Forums. WE DO NOT ALLOW CHILDREN UNDER THE AGE OF 16 TO USE OUR FORUMS. Registration consists of identifying oneself, creating a screen name and password, verifying that you are over 16 years of age, and expressly indicating by means of clicking on an applicable box or boxes the guest's acceptance of these Terms & Conditions. Registration is subject to our prior approval and your continued compliance with the terms of these Terms & Conditions. We reserve the right to refuse participation to any applicant or participant at any time in our sole discretion. Multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorized in writing by us (including by e-mail). You are solely responsible for keeping your e-mail address and other contact information updated.

We have adequate security measures to protect your Personal Information. However, we cannot control the actions of other users or members of the public who may access your Submitted Content. You understand and acknowledge that, even after its removal by you or us, copies of Submitted Content may remain viewable in cached and archived pages or third parties have copied or stored such Submitted Content. DO NOT UPLOAD OR POST ANY INFORMATION TO THE FORUMS OR ANY PUBLIC AREAS OF OUR SERVICES THAT YOU DO NOT WISH TO BE VIEWABLE BY THE PUBLIC.

Terms & Conditions directly applicable to use of such Forums include the following:

1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, communications or other materials, whether publicly posted or privately transmitted, that you submit to any of the Forums ("Submitted Content"), are your sole responsibility. This means that you, and not us, are entirely responsible for all Submitted Content that you upload, post, e-mail or otherwise transmit via the Forums.

2. We do not endorse or control the Submitted Content delivered to these Services, and we have no obligation to monitor such Submitted Content. As such, we do not guarantee the accuracy, integrity or quality of any such Submitted Content. However, we reserve the right (but not the obligation) in its sole discretion to edit, refuse to post or to delete any Submitted Content, in whole or in part, that is in violation of these Terms & Conditions or that it deems to be objectionable or unacceptable for any reason whatsoever.

3. We further reserve the right at all times to preserve any Submitted Content or to disclose any Submitted Content as necessary to satisfy any law, regulation or governmental request or any good faith belief that such preservation or disclosure is necessary to (a) comply with legal process; (b) enforce these Terms & Conditions; (c) respond to claims that any Submitted Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of us, its guests and the public.

4. You understand that by using these Services, including its Forums, you may be exposed to Submitted Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Submitted Content, including, but not limited to, for any errors or omissions in any Submitted Content, or for any loss or damage of any kind incurred as a result of the use of any Submitted Content posted, emailed or otherwise transmitted via these Services, including its Forums.

5. You understand that the comments of others displayed in connection with your Submitted Content as used herein ("Third Party Comments"), may be disparaging, defamatory, embarrassing, or otherwise be of an unfavorable nature and may expose you to public ridicule, humiliation or condemnation. We expressly disclaim any liability for any Third Party Comments. You acknowledge and agree that we shall have the right (a) to include any Third Party Comments on these Services and in any and all forms of advertising, promotion, and publicity for these Services and/or the Submitted Content, and (b) to broadcast and otherwise exploit the Submitted Content with or without Third Party Comments in any manner, and in any media, whether now existing or hereafter developed.

6. By registering, accepting these Terms & Conditions, and uploading Submitted Content, you represent and warrant to us the following: (a) you are at least 18 years of age, (b) all of the information provided by you to us to enroll and participate in the Forums is correct and current; (c) you hold and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in the Submitted Content to grant the rights granted herein; (d) you are the creator of the Submitted Content you upload to these Services (or are specifically authorized to upload the Submitted Content by the copyright holder), and did not take any of its elements from a source such as another web site, publication, recording, film, or video; (e) you have made any required payments to guilds, performing rights societies, or to any other body or group representing authors, composers, musicians, artists, and other participants in the production of the Submitted Content, or other entities having legal or contractual rights of any kind to payments as a result of distribution or exhibition of the Submitted Content; and (f) you have the legal right and authority to agree to, perform the acts required of you, and to grant the rights and licenses described in these Terms & Conditions.

7. It is a condition of your access and use of these Services that you do not:

a. Restrict or inhibit any other guest from using and enjoying these Services;

b. Harm minors in any way;

c. Impersonate any person or entity, including, but not limited to, an employee or representative of ours, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submitted Content transmitted by means of these Services;

e. Upload, post, e-mail or otherwise distribute, publish or transmit on these Services any Submitted Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. Upload, post, e-mail or otherwise distribute, publish or transmit on these Services any unlawful, harmful, threatening, abusive, harassing, invasive of another's privacy, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;

g. Upload, post, e-mail or otherwise distribute, publish or transmit on these Services any Submitted Content that either involves nudity (including partial or complete nudity of any person under age 18) or exploits persons under age 18. Unless you are the parent or legal guardian of any minor identified or depicted in Submitted Content, you will not disclose any personally identifying information about persons under age 18;

h. Upload, post, e-mail or otherwise distribute, publish or transmit on these Services any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by patent, copyright, trademark, trade secret or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;

i. Upload, post, e-mail or otherwise distribute, publish or transmit on these Services any information, software or other material which contains a virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any other harmful component; or

j. Upload, post, e-mail or otherwise distribute, publish or transmit on these Services or in any way exploit any information, software or other material for commercial purposes or which contains any form of solicitation (including, but not limited to, "junk mail," "spam," "chain letters," and "pyramid schemes"), advertising, promotion, marketing for goods or services, or any form of lottery, sweepstakes, or gambling;

k. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other guests of these Services are able to type, or otherwise act in a manner that negatively affects other guests' ability to engage in real time exchanges;

l. Interfere with or disrupt these Services or servers or networks serving these Services, or disobey any requirements, procedures, policies or regulations of networks connected to these Services;

m. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

n. "Stalk" or otherwise harass another; or

o. Collect or store personal data about other guests.

8. By posting or submitting any materials (including but not limited to any remarks, ideas, graphics, photos, comments, product concepts, advertising concepts or ideas, and suggestions for improving or changing existing content) to these Services, you automatically grant (or warrant that the owner of such rights has expressly granted) to us a royalty-free, non-exclusive, perpetual and irrevocable worldwide right and license to use, reproduce, modify, publish and distribute such materials or incorporate such materials into any form or technology now known or later developed, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. You further grant us a non-exclusive, worldwide, royalty-free license to use your name in connection with the Submitted Content, and to use the Submitted Content for advertising and promotional purposes.

9. You warrant that any materials you upload, post, e-mail or otherwise distribute, publish or transmit on these Services contains nothing that will give rise to civil liability or otherwise violate any local, state, national or foreign law, including nothing that is harmful, threatening, abusive, harassing, invasive of another's privacy or publicity rights, defamatory, obscene, vulgar, pornographic, profane or indecent, or that constitutes an infringement of anyone's patent, copyright, trademark, trade secret or other proprietary right, or derivative rights with respect thereto.

SUBMITTED MATERIALS

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through these Services, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, survey responses, and/or our blogs, or send to us via e-mail) ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms & Conditions and our Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

PURCHASE OF PRODUCTS FROM THESE SERVICES

The purchase of any products from these Services is governed by the terms and conditions of the sales transaction with the provider of the product. WE MAKE NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We do not have any responsibility for the processing or delivery of products purchased from these Services.

LINKED SITES AND SERVICES

The Services may contain links and pointers to Internet sites or mobile applications maintained and owned by others ("Third Party Sites"). The appearance of a link does not imply our endorsement. We have not reviewed all of the Third Party Sites linked to these Services and are not responsible for the contents of or any products or services offered in such Third Party Sites. You access them at your sole risk, and you should direct any concerns regarding any Third Party Site to its site administrator or Webmaster

LINKING TO THESE SERVICES

You agree that if you include a link from any other web site to these Services, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of these Services. You are not permitted to link directly to any image hosted on these Services or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on these Services on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to these Services in any manner such that these Services, or any portion of these Services, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to these Services be discontinued, and to revoke your right to link to these Services from any other web site at any time upon written notice to you.

OUR LICENSEES

We may license our trademarks, including but not limited to “The Week Junior” to others for use on goods and services ("Third Party Licensees"). The appearance of the brand on these products and services does not mean that these are our products or services. We make no warranty of Third Party Licensee products or services. They are products and services offered and sold by independent companies that qualify as Third Party Licensees. We are not responsible for these products or services. You purchase and use them at your own sole risk, and you should direct any concerns regarding any Third Party Licensee products or services to the appropriate Third Party Licensee company. If you have any questions about the contact information of the Third Party Licensee, we will provide contact information from our files for your assistance.

JURISDICTIONAL ISSUES

These Services are controlled and operated by from our headquarters in New York City, New York, United States of America. We make no representation that materials on these Services are appropriate or available for use in other locations. Those who choose to access these Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms & Conditions shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, except as to any provisions which may be governed by the laws of the United States, in which case the latter shall govern. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York City and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

ENFORCEABILITY AND TERMINATION OF AGREEMENT

If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions, together with any other terms, conditions or policies set forth elsewhere in these Services, constitute the entire agreement between you and us in connection with your access and use of these Services.

We may, in our sole discretion, terminate or suspend your access to all or part of these Services for any reason, including, without limitation, failure to comply with any of these Terms & Conditions. Upon termination, you must destroy all materials obtained from these Services and all copies thereof, whether made under the terms of this agreement or otherwise. In the event of termination, you are no longer authorized to access or use these Services, and the restrictions imposed on you with respect to materials downloaded from these Services and the disclaimers and limitations of liabilities set forth in this agreement shall survive.

DISCLAIMER

Your access to and use of these Services is at your sole risk. If you are dissatisfied with any of the materials contained in these Services, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue accessing and using these Services.

THE MATERIALS IN THESE SERVICES AND ANY AND ALL DOWNLOADABLE MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THESE SERVICES, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THESE SERVICES AND ANY AFFILIATED WEB SITE OR SERVICES WITH WHICH IT IS LINKED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR ADVICE PROVIDED IN OR FROM THESE SERVICES. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO LIABILITY

You hereby agree to indemnify, defend and hold us and our affiliates, officers, directors, managing agents, and employees (“Indemnified Parties”) harmless from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by us and/or the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms & Conditions (including but not limited to your obligations, representations and warranties contained herein) and any other terms and conditions or policies set forth elsewhere in these Services. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Because you have acknowledged that, at our sole discretion and for any reason, we may edit, refuse to post or to delete any Submitted Content that you post, in whole or in part, and may terminate or suspend your access to all or part of these Services, that you have granted (or warranted that the owner of such rights has expressly granted) to us a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, such materials or incorporate such materials into any form or technology now known or later developed, and that you have waived any moral rights you may have in such Submitted Content, you hereby agree that if you unsuccessfully prosecute a claim against us and/or any of the Indemnified Parties that arises from our exercise of our rights to edit, refuse to post or to delete any Submitted Content that you post, to terminate or suspend your access to all or part of these Services, to use its royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, or seeking to recover for violation of your moral rights, you agree to reimburse us and/or the Indemnified Parties for all costs of defending any such claim, including but not limited to any legal or other professional fees).

REGISTRATION/SUBSCRIPTION

As part of the registration process, you will select a password and a subscriber ID. You also have to give us certain registration information, including a valid e-mail address, all of which must be accurate and updated:

a. You may not (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID that we in its sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account.

b. You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any or our representatives or agents.

c. You shall notify us at https://theweekjunior.com/contactus of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

d. You may share your password and subscriber ID with others, but you are responsible for all usage or activity on your theweek.com account, including use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.

SOFTWARE AVAILABLE ON THESE SERVICES

Any software that is made available to download from these Services, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), is the copyrighted work of the indicated author of the Software ("Author"). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). A guest to these Services will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Author retains full and complete title to the Software itself and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or otherwise disassemble the Software. WE MAKE NO WARRANTY AS TO THE QUALITY OF SUCH SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Software from these Services is further subject to United States export controls. No software from these Services may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the United States has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.

MINORS

If you do not wish for your minor child to view the content in these Services without your presence, we recommend using a parental control software package. Some sample parental software packages include: Net Nanny (http://www.netnanny.com), Cyber Patrol (http://www.cyberpatrol.com), Cybersitter (http://www.solidoak.com). Please be advised that we do not endorse any one parental software package. While no parental software package replaces careful supervision of Internet use by children, these tools can be a useful addition to your suite of Internet applications. Please read the our Privacy Policy, in particular the Policy for Minors, for more information regarding the collection of personal information from children. WE DO NOT WANT TO COLLECT ANY PERSONAL INFORMATION DIRECTLY FROM ANY MINOR UNDER THE AGE OF 16. IF YOUR CHILD WISHES TO CORRESPOND WITH US OR SUBMIT ANY MATERIALS TO US, ALL SUCH CORRESPONDENCE AND SUBMISSIONS SHOULD BE MADE BY YOU ON BEHALF OF YOUR MINOR CHILD.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) - INFRINGEMENT NOTIFICATION

We have a policy of responding to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), which may include removing material claimed to be the subject of infringing activity. If we remove material to comply with the DMCA, we will attempt to contact the provider of any Submitted Content so removed to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. We will terminate the accounts of any guests (including terminating their login and password) and/or block access to the site or services of any guests who repeatedly infringe the copyrights of others.

To file a notice of infringement, you must provide us with a written notice that includes each of the following items:

Detailed identification of the copyrighted work that you believe has been infringed.
Detailed identification of the material you claim infringes this copyrighted work.
Information reasonably sufficient to permit us to contact you (e-mail address is preferred).
The statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Your signature.

Send the Infringement Notification to the following address:

By email: rights@futurenet.com

By mail:

Rights Department

Quay House

The Ambury

Bath

BA1 1UA

United Kingdom

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) - COUNTER NOTIFICATION

The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.

To file a counter notification, you must provide us with a written notice that includes each of the following items:

Detailed identification of the material that we have removed.
Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
The statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
Your signature.

Send the Counter Notification to the following address:

By email: rights@futurenet.com

By mail:

Rights Department

Quay House

The Ambury

Bath

United Kingdom

BA1 1UA

Terms for US-based subscribers

YOUR RIGHTS AND OBLIGATIONS

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR ANY OTHER COURT PROCEEDING OF ANY KIND, SUBJECT TO LIMITED EXCEPTIONS. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES DESCRIBED BELOW, YOU WILL BE BOUND BY THESE TERMS. THE FULL TERMS OF THE ARBITRATION AGREEMENT ARE BELOW.

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH FUTURE US LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR GOODS BY APPLICABLE LAW.

These terms and conditions (these "Terms") apply to users located in the United States who purchase products through this website (the "Site"). These Terms are subject to change by Future US LLC (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms before purchasing any product available through this Site.

These Terms apply to:

Purchases of our printed magazines, bookazines and books, which we refer to in these Terms as print products.

Our digital magazines, bookazines and books, which we refer to in these terms and conditions as digital products. You may need to use third party software to access our digital products. This can vary depending on your device or operating system. We are not responsible for the functionality, reliability or security of any third party software or service through which you access our digital products.

Subscriptions to our print products and our digital products. Subscriptions are automatically recurring, or continuing, supplies of our print products and our digital products for either an indefinite period or a fixed period as specified at the time you subscribe.

Orders that are not subscriptions we call single issue orders. If your basket includes multiple single issue print products or digital products, each item will constitute a single issue order. If your basket contains a mix of single issue orders and subscriptions, the parts of these Terms that apply to single issue orders will apply to each individual single issue, and the parts that apply to subscriptions will apply to each subscription.

Where in these Terms we refer simply to a product, that means any print product, digital product, single issue or subscription.

These Terms should be read alongside the Website Terms of Service that apply generally to the use of our Site. You should also carefully review our Privacy Notice before placing an order for products through this Site.

Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. We contact you to confirm we’ve received your order and we accept it, depending on what’s included in your order, when the following happens:

For single issue print products, when we dispatch them to you. If your basket contains multiple single issues, we will treat each as a separate order;

For single issue digital products, when we make the digital product available for download or viewing. Usually this will be immediately;

For subscriptions to print products, when we dispatch the first publication included in your subscription. Usually this will be either the next edition published or the most recent available edition depending on stock;

For subscriptions to digital products, when we make the first publication included in your subscription available for download or viewing. Usually this will be immediately.

Sometimes we reject orders

Sometimes we reject orders. This is done at our discretion but reasons for rejection may be, for example, because a print product is unexpectedly out of stock, because the issuer of your payment card refuses to authorise payment to us, because you are located outside our delivery areas, as stated on our website, or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

We can also reject part of an order if for example your basket contains multiple single issue orders, multiple subscriptions, or a mix of single issues and subscriptions. If we reject part of your order, we will refund you in relation to that part. For example, if your order contains multiple single issues and we are unable to fulfil one of those single issue orders, we will refund you in respect of that one single issue. We will charge you for the parts of your order that we do dispatch.

Prices and Payment Terms

All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email, although subscriptions may be subject to price increases in the future. If your subscription renews, it may renew at a different price. We will send you a renewal notice prior to charging you the new subscription rate and you will be able to end your subscription if you do not want it to continue at the new price. Posted prices do not include applicable taxes or charges for shipping and handling. All such applicable taxes and charges will be added to your order total. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We accept the payment methods that are presented to you during the order process for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. You are responsible for telling us about any changes to your credit card or other payment information. We may cancel your order if we are unable to take payment due to incorrect or outdated payment information.

Shipments; Delivery; Title and Risk of Loss

We will arrange for shipment of print products to you. Please check the individual print product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

Title and risk of loss to a print product will pass to you upon full payment and delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

If your order includes a Subscription to a digital product, you will have access to any issues of the digital product included for as long as you subscribe. Once your subscription ends you lose access and you will not have any title in respect of those digital products. If you purchase a single issue digital product, we will make this available to you immediately.

Returns and Refunds

If you change your mind after purchasing a single issue print product or single issue digital product you will not be eligible for a refund unless you are told otherwise during your order process. To request a refund, you must contact us on the toll-free telephone number or email address stated in your order confirmation.

If you change your mind after purchasing a subscription you can cancel at any time using your online subscriber account, or by contacting us on the telephone number or email address stated in your order confirmation.. If you cancel you will receive a refund for any unmailed print products or unpublished digital products for the rest of your current subscription term.

If you consented to an automatically renewing subscription you will receive a notice confirming your renewal details, including your renewal date and any change in price, before you are charged for a new subscription period.

Refunds are usually processed within approximately fourteen business days of our receipt of your cancellation request. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

We can withdraw products

We can stop providing a print product or digital product, including a subscription to any print product or digital product. We’ll let you know as soon as we can in advance. If you are subscribed to a withdrawn product you will have the option to receive another print product or digital product (as applicable) for the remainder of your subscription contract term or end the subscription contract and receive a refund of any sums you’ve paid in advance for issues of the print product or digital product which won’t be provided. We won’t refund you for any print product or digital product you have already received.

We can end our contract with you

We can end our contract with you for a subscription for any reason at our sole discretion. If we end your subscription contract you will either receive a refund of any payments made for unmailed print products or unpublished digital products for the rest of your current subscription term and we will take no further payments from you.

We are not responsible for websites we link to

Where our products contain links to other sites and resources provided by third parties, these links are provided for your information only. Those links should not be interpreted as approval by us of those linked websites or the information, or any products or services, you may obtain from them. We have no control over the contents of those sites or resources. There is more information about the links we include to other websites in our Privacy Notice.

Warranty and Disclaimers

We work continuously to ensure our products meet your needs. However, for legal reasons, we offer the products without warranties unless specifically stated in our Privacy Notice or any other agreements or terms entered into by you and Future that are governed by, or incorporate, these Terms (“Other Terms”). The law says we need to explain this with specific language in capital letters. Here is that explanation:

ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE PRODUCTS OFFERED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Goods Not for Resale or Export

You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

Privacy

We respect your privacy and are committed to protecting it. Our Privacy Notice governs the processing of all personal data collected from you in connection with your purchase of products through the Site.

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Dispute Resolution; Binding Arbitration; Class Action and Jury Waiver

PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN CLASS, COLLECTIVE, CONSOLIDATED (OTHER THAN ANY BATCHING PROCEDURES CONDUCTED BY THE ARBITRAL FORUM), PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Definitions

“ADR Services” means ADR Services, Inc., www.adrservices.com.

“ADR Services Batching Procedure” means for the ADR Services to (i) administer claims in at least 20 batches, with the discretion to create additional batches if ADR Services finds that they are necessary to facilitate the efficient resolution of demands; and (ii) apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in ADR Services’ then-current Mass Consumer Non-Employment Arbitration Fee Schedule.

“ADR Services Rules” means ADR Services rules and procedures then in effect.

“Dispute” means any dispute, claim, or controversy between you and Future Parties, including but not limited to disputes, claims, or controversies related to or arising from the Services, or these Terms or Other Terms, including, without limitation, those relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of the Terms, Other Terms, and the Arbitration Agreement included herein.

“FAA” means that Federal Arbitration Act, 9 U.S.C. § 512.

“Future Parties” means Future and Future’s predecessors in interest, successors, and assigns, as well as its respective past, present, and future parents, subsidiaries and affiliates.

“NAM” means National Arbitration and Mediation (www.namadr.com).

“NAM Rules” means NAM rules and procedures, including any supplementary rules and fee schedules, then in effect.

“Notice Address” means ArbitrationNotices@Futurenet.com, to which a Notice of Dispute from you to Future Parties must be emailed.

“Notice of Dispute or “Notice” means a notice of Dispute from you to any Future Party.

“Opt-Out Notice” means the written opt-out notice to opt out of the Arbitration Agreement.

“Opt-Out Period” means within 30 days of the date that you first purchase a Product after the posting of these Terms.

“Products” means products made available for purchase through the Site.

Mandatory Individual Arbitration

Any Dispute, whether such Dispute arose before, on, or subsequent to you entering these Terms, and if not resolved through the informal dispute resolution procedure set forth below, shall be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding the foregoing and the Class Action/Jury Trial Waiver below, you and Future Parties each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other IP rights. Any legal action by Future Parties against a non-consumer or its interactions with governmental and regulatory authorities shall not be subject to arbitration. Either party may also elect to have Disputes heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction.

To the fullest extent permissible by applicable law, all claims against Future Parties, including but not limited to claims arising out of or relating in any way to the Products or the Terms, must be filed within one year after such claim or cause of action arose or it will be forever barred.

If any court or arbitrator determines that this Arbitration Agreement is void or unenforceable for any reason as to Disputes arising before the date of posting of this Arbitration Agreement, then you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions.

If any Dispute is determined not to be subject to arbitration or resolution in small claims court, the exclusive jurisdiction and venue for proceedings concerning such Dispute shall be the federal or state courts of competent jurisdiction in New York, and shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of New York, without regard to choice of law or conflict of law provisions.

If you or Future Parties files or causes to be filed in court (other than small claims court) a complaint alleging a Dispute that is subject to arbitration under this Arbitration Agreement, the defendant/respondent will notify the party or the party’s attorney (if an attorney has entered an appearance) of the existence of this Arbitration Agreement, and request that the complaint be withdrawn. If the party does not withdraw the action within 10 calendar days of service of that notice, and the defendant/respondent successfully moves to compel arbitration of the Dispute, the defendant/respondent shall be entitled to its costs and fees (including reasonable attorneys’ fees) incurred in seeking to enforce this Arbitration Agreement.

Class Action / Jury Trial Waiver

You and Future Parties agree that, to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), private attorney general, or representative proceeding. This means that you and Future Parties may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and Future Parties may not participate in any class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), private attorney general, or representative proceeding brought by any third party.

Unless both you and Future Parties agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), or representative proceeding. If any court or arbitrator determines that this Class Action/Jury Trial Waiver is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and Future Parties shall be deemed not to have agreed to arbitrate Disputes.

To the extent that any claims are allowed to proceed on a class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), or representative basis, such claims must be litigated in a federal or state court of competent jurisdiction in New York ,and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

Notwithstanding the foregoing, you or Future Parties may participate in a class-wide settlement.

Opt-Out Procedures

To opt out of this Arbitration Agreement, you must send us a written Opt-Out Notice by email at ArbitrationNotices@Futurenet.com within the Opt-Out Period. The Opt-Out Notice must contain your full legal name, your complete mailing and email address and phone number, a clear statement that you wish to opt out of this Arbitration Agreement, and your signature. If your Opt-Out Period has passed, you are not eligible to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other provisions of the Terms will continue to apply to you. Additionally, if you opt out of this Arbitration Agreement, you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions. In other words, opting out of this Arbitration Agreement shall have no effect on any previous, other, or future arbitration agreements you may enter into with Future Parties. As stated above, if you do not opt out of this Arbitration Agreement within the Opt-Out Period, then you will be bound to the terms and conditions of this Arbitration Agreement which shall supersede and replace in its entirety all previous versions of Future Parties’ arbitration agreements and class action provisions. If you timely provide Future Parties’ with a valid Opt-Out Notice, all Disputes shall be subject to the exclusive jurisdiction of, and you consent to venue in, the state and federal courts located in New York.

Rules and Governing Law

Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: You and we agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective and mutually beneficial outcome. Therefore, in the event of a Dispute, you and Future Parties each agree to send the other party a written Notice of Dispute. A Notice of Dispute from you to Future Parties must be emailed to the Notice Address. Any Notice of Dispute must include (i) the claimant’s full legal name, complete mailing address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) any relevant facts regarding claimant’s use of the Site, including whether claimant receives any emails associated with the Site, whether claimant has made a purchase of Products, and if so, the date(s) of the purchase(s); and (iv) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute. Future Parties will send any Notice of Dispute to you at the email address or mailing address it has for you, if any.

After receipt of a Notice of Dispute, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the Notice of Dispute, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution.

Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this subsection. All of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are essential so that you and Future Parties have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, the parties agree that a court of competent jurisdiction may enjoin the filing or stay the prosecution of an arbitration. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.

If the parties cannot resolve the Dispute through the Informal Dispute Resolution Procedures above, you and Future Parties each agree that all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court. The parties may agree to waive hearings and resolve Disputes through submission of documents. Any arbitration hearing will be conducted remotely by telephone or video conference to the extent possible, but if the arbitrator determines, or the parties agree, that a hearing should be conducted in person, the arbitration hearing will take place as close to your residence as practicable, or another agreed upon locale, and shall be before one arbitrator.

All Disputes shall be submitted to NAM, for arbitration before one arbitrator. The arbitration will be administered by NAM in accordance with the NAM Rules, except as modified by this Arbitration Agreement. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the NAM Rules. A form for initiating arbitration proceedings is available on NAM’s website at https://www.namadr.com/resources/rules-fees-forms/. You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced above, and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). The parties agree that submission of the certification shall be required for the claim to be deemed properly filed. For additional information on how to commence an arbitration proceeding, you can contact NAM at customerservice@namadr.com.

If NAM determines that 25 or more substantially similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, NAM’s mass filing fee structure shall apply and the parties agree that the arbitrations will proceed in accordance with the batching process as follows: (i) NAM shall administer the arbitration demands in batches of at least 25 claims, with the discretion to create additional batches if NAM finds that they are necessary to facilitate the efficient resolution of demands; (ii) NAM shall provide for the resolution of each batch as a single consolidated arbitration with one procedural calendar and one hearing (if any) and one final award; and (iii) following such determination of a mass filing, NAM shall apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in NAM’s fee schedule. You agree to cooperate in good faith to implement this batch approach to facilitate the efficient resolution of these claims. All parties agree that arbitrations are of a “substantially similar nature” for purposes of this batching procedure for claims administered by NAM if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. This batching procedure for claims administered by NAM shall in no way be interpreted as authorizing class arbitrations of any kind. Future Parties reserve all rights and defenses as to each and any demand and claimant. If any court or arbitrator determines that this batching procedure for claims administered by NAM and the ADR Services Batching Procedure (see below) are both void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and Future Parties shall be deemed not to have agreed to arbitrate Disputes.

If NAM notifies the parties in writing that it is not available to arbitrate any claim, or if NAM is otherwise unable to arbitrate any claim, that claim shall be submitted to ADR Services, for final and binding individual arbitration before one arbitrator. The arbitration will be administered by ADR Services in accordance with the ADR Services Rules, except as modified by this Arbitration Agreement. If there are 20 or more substantially similar claims that are allowed to be submitted for arbitration but cannot be arbitrated by NAM, and are presented to ADR Services by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization, ADR Services shall (i) administer those claims in at least 20 batches, with the discretion to create additional batches if ADR Services finds that they are necessary to facilitate the efficient resolution of demands; and (ii) apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in ADR Services’ then-current Mass Consumer Non-Employment Arbitration Fee Schedule. You agree to cooperate in good faith to implement this ADR Services Batching Procedure to facilitate the efficient resolution of these claims. This ADR Services Batching Procedure shall in no way be interpreted as authorizing class arbitrations of any kind. Future Parties reserve all rights and defenses as to each and any demand and claimant.

Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the FAA, will govern its interpretation and enforcement and any proceedings under it. It is the intent of the parties that the FAA and the NAM Rules or ADR Services Rules (as applicable) shall preempt all state laws to the fullest extent permitted by law. If the FAA and the NAM Rules or ADR Services Rules (as applicable) are found to not apply to any issue that arises under this Arbitration Agreement, then that issue shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of New York without regard to choice of law or conflict of law provisions.

At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

As in court, you and Future Parties agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b) and any applicable state laws of similar import, including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules or ADR Services Rules (as applicable), Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.

Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law.

Arbitrator’s Fees: You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM, ADR Services (as applicable), and/or the arbitrator to address the apportionment of the arbitrator’s fees.

Confidentiality: The parties agree that the arbitrator is authorized to issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.

Requirement of Individualized Relief: The parties agree that the arbitrator is authorized, upon either party’s request, to award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any of the prohibitions on non-individualized declaratory or injunctive relief, class, representative, and private attorney general claims, or consolidation set forth under this Arbitration Agreement are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then, after exhaustion of all appeals, the parties agree such a claim or request for relief shall be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief are arbitrated.

You agree that any arbitrations between you and Future Parties will be subject to this Arbitration Agreement and not to any prior arbitration agreement you had with Future Parties, and, notwithstanding any provision in these Terms to the contrary, you agree that this Arbitration Agreement amends any prior arbitration agreement you had with Future Parties, including with respect to claims that arose before this or any prior arbitration agreement.

Opt-Out of Future Changes to Arbitration Agreement

Notwithstanding any provision to the contrary, if Future Parties make any future change to this Arbitration Agreement (other than a change to the Notice Address or other non-material changes), you may reject any such change by sending Future Parties an email to ArbitrationNotices@Futurenet.com within 30 days of the posting of the amended arbitration agreement that provides: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, (iv) the change(s) you are rejecting, (v) and, if applicable, the username or email address associated with any purchase from Future Parties. It must include a statement, personally signed by you, that you wish to reject the specified change to the Arbitration Agreement. This is not an opt out of arbitration altogether.

Severability & Survival

If any provision of this Arbitration Agreement, or a portion thereof, is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.

Notwithstanding the foregoing, if any court or arbitrator determines that the batching procedure for claims administered by NAM (set forth above) and the ADR Services Batching Procedure are both void or unenforceable for any reason or that an arbitration can proceed on a class basis, then, after exhaustion of all appeals, the Arbitration Agreement shall be deemed null and void in its entirety.

This Arbitration Agreement shall survive termination of these Terms. Except as provided in the opt-out provisions set forth above, the terms and conditions of this Arbitration Agreement shall supersede and replace any and all previous arbitration and class action/jury waiver agreements you may have entered into with Future Parties.

Notice for California users

Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Notice to New Jersey users

The section on limitation of liability do not apply to New Jersey residents to the extent that New Jersey’s Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA) (N.J.S.A. §§ 56:12-14 to 56:12-18) prohibits such application.

Miscellaneous

You will not assign any of your rights or delegate any of your obligations under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. No assignment or delegation relieves you of any of your obligations under these Terms. We may assign or transfer any of our rights or obligations hereunder without your permission and without notice to you.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Our order confirmation, these Terms and any other applicable terms, such as our Website Terms of Use and our Privacy Notice will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.