Terms of Service

(Last modified July 23, 2024)

1. Introduction, Acceptance, Definitions, and Modifications 

Welcome to Future Firm! We hope you will enjoy and appreciate using our “Services”, which may be visiting or using either of the Websites at https://futurefirm.co or https://futurefirmaccelerate.com (“Future Firm Accelerate”) or any subdomain thereof (collectively, the “Websites”), or purchasing a “Membership” to receive coaching and training materials (“Materials”) from Future Firm Accelerate, and access related and additional functionalities in the Services,. The Services also include the Future Firm “Application” for iOS (the “iOS Application”) or Android (the “Android Application”), that you download for use onto your handheld or tablet “Device”. 

By interacting with the Services in any way, by clicking or tapping the acceptance button upon signing up for a Membership, or by entering into an agreement with a Referral Partner (as defined below) where these Terms of Service (“TOS”) are included, you hereby accept to be bound by these Terms of Service TOS without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in the TOS, you are not authorized to use the Services. The TOS are a legal and binding agreement between you and us. 

If you are using the Services and accepting or agreeing to these TOS on behalf of a company, partnership, association or other legal entity (a “Legal Entity”), you represent and warrant that you have the authority to bind that Legal Entity to these TOS and, in such event, “you” and “your” will refer and apply to that Legal Entity.

In the context of the Application, these TOS may also be referred to as, and are equivalent to, an “End User License Agreement” or “EULA”.

The Websites and Services are owned and operated Future Firm Inc., a duly-incorporated company located in Montreal, Canada at the address listed below. Where the present TOS refer to “Future Firm” they may refer to Future Firm Inc. and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, our business partners such as Referral Partners as defined below, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOS shall also refer to Future Firm Inc. and / or its Representatives. 

In these TOS, a Website visitor or Services user may be referred to as “you” or “your”. When a Services user has purchased a Membership and is logged in to the Services, they may be referred to in these TOS as a “Logged-In User”.  

Future Firm reserves the right, at any time and without prior notice, to modify or replace any of the TOS. Any changes to the TOS can be found at this URL. It is your responsibility to check the TOS periodically for changes. Your use of the Services following the posting of any changes to the TOS constitutes acceptance of those changes. If we make any substantial changes to the TOS that materially affect your legal relationship with Future Firm, we will use commercially reasonable efforts to notify you by posting a prominent notice when you use the Services for the first time following those changes, or if you have a Membership, by email to the email address associated with your Membership.

The TOS should be read in conjunction with the Privacy Policy, as both these documents govern your use of the Services. 

2. Contacting Us

If you have any questions about these TOS, please contact us at:

Future Firm Legal Services
[email protected]

or:
Future Firm Legal Services
1395 rue Fleury East, Suite 102.2
Montreal, QC
Canada
H2C 1R7

If you have any questions regarding the Services themselves, please contact us by emailing [email protected] or using the help form when you are a Logged-in User. 

3. General Code of Conduct for Use of the Services

In addition to the more specific rules found elsewhere in these TOS, you agree that by interacting with the Services in any way, you will:

4. Memberships in the Services

a. Memberships and Passwords

In order to be able to access certain functionalities in the Services, you will be required to purchase a Membership, whether from Future Firm directly or through a Referral Partner (as defined below). Memberships are available to anyone who provides the requisite information and pays the required fees (the “Membership Fees”), subject to the restrictions and conditions as outlined elsewhere in these TOS. 

As part of the registration for your Membership, you will be asked to choose a username and password or you may change your password after one has been assigned to you. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. You are responsible for maintaining the confidentiality of your password, and are responsible for all activities that occur under your Membership whether by you or any third party. You agree to immediately notify us of any unauthorized use of your account credentials or any other breach of security regarding your Membership. 

If you are a Logged-in User, it is strongly suggested that you log out of the Services at the end of every session, or not leave a logged-in account unattended for any period of time. Future Firm and its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Services with your account credentials and accessing your Membership through any means, and disclaims any responsibility in this regard. 

Future Firm reserves the right to suspend or terminate your Membership, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOS, as more fully described hereinbelow.

b. Age Requirements

If you are purchasing a Membership in the Services, you affirm that you are at least eighteen (18) years of age or over, or the age of majority in the jurisdiction you reside and from which you access the Services where the age of majority is greater than eighteen (18) years of age. 

c. Memberships Levels

Memberships are of three levels – Essential, Premium and Premium+. The benefits of each Membership level including available Materials and interactions with Ryan Lazanis or other representatives of Future Firm (“Interactions”) are available on the Future Firm Accelerate Website, along with the Membership Fees payable for each level. 

Premium+ Memberships are available only to individuals or firms approved by Future Firm following an application process. The application process is completed online. If you are accepted for a Premium+ Membership, we will contact you by email with further instructions on how to complete the registration process and pay your Membership Fees for your Premium+ Membership. 

Future Firm retains absolute discretion as to whether to accept you for a Premium+ membership. Without limiting the generality of the Disclaimer of Warranties further in these TOS, Future Firm and / or its Representatives shall not be responsible for any losses or damages, pecuniary or otherwise, to you resulting from Future Firm’s rejection of your application for a Premium+ membership, and Future Firm disclaims any responsibility thereto.

Essential and Premium Memberships are available to anyone who provides the requisite Membership Information as provided in the next sub-section of these TOS. 

d. Membership Information

The information required to purchase an Essential or Premium Membership is the following: first name, last name, email address and mailing address (in addition to the Billing Information listed further in these TOS). This information you submit as part of the sign-up process (or equivalent information already submitted for other Membership levels) may be referred to in the present TOS or the Privacy Policy as “Membership Information”. 

By submitting Membership Information, you represent and warrant that the Membership Information is true and accurate to the best of your knowledge. Submitting false or misleading Membership Information may result in you being banned from using the Services, at our sole discretion.

5. Membership Fees and Payment Processing; License to Materials

a. Payment of Membership Fees, Automatic Renewal & Refunds

The amount of the monthly Membership Fees for each level are available on the Future Firm Accelerate Website and are firm and in American Dollars, which may be converted to other currencies upon payment depending on your location and / or credit card agreement. By signing up for a Membership you agree to pay the Membership Fees presented to you upon signing up, plus any applicable taxes.

You will be charged the Membership Fees on the day you sign up for your Membership (the “Initial Billing Date”). The Membership Fees shall subsequently be charged on the monthly anniversary of the Initial Billing Date. The monthly payment period of your Membership shall be referred to in these TOS as the “Billing Period”. 

Your Membership automatically renews at the end of every Billing Period. If you wish to cancel your Membership and avoid paying the Membership Fees for the next Billing Period, you must do so prior to the end of the current Billing Period, no later than 24 hours prior to the end of the Billing Period, so that your credit card will not be charged again. You can cancel your Membership and avoid paying the Membership Fees by accessing the Membership information section in your dashboard when you are a Logged-in User. 

If you cancel your Membership prior to the end of the Billing Period, you shall not be entitled to any refund of any Membership Fees already paid for that Billing Period, except as described in the 30-Day Guarantee section below. 

b. Billing Information and Payment Processing

In order to pay your Membership Fees through the Services, you will be required to enter your credit card number, credit card expiry date, card security code (CVV), and billing address if required by the nature of your credit card. This may be referred to in these TOS or the Privacy Policy as “Billing Information”. 

All Membership payments are made using a secure https:// connection, and payment processing is handled through the “Third-Party Payment Processor” Stripe though this is subject to change without notice. The Third-Party Payment Processor currently accepts certain credit cards as payment options but these are subject to change without notice. Once transactions are accepted by the Third-Party Payment Processor, they are processed in accordance with their program rules and procedures and Terms of Use. Future Firm and the Third-Party Payment Processor are unaffiliated companies and Future Firm has no influence on the operations of the Third-Party Payment Processor. Future Firm and / or its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of the Third-Party Payment Processor. 

All Billing Information is collected by the Third-Party Payment Processor, on their own secured servers. Future Firm does not have access to any credit card information, nor can it be responsible for any breach of information caused by faulty programming or malicious users on the servers of the Third-Party Payment Processor. Non-financial information will, however, be available to Future Firm for invoice-making and record-keeping purposes.

c. 30-Day Guarantee

If you are unsatisfied in any way during the first 30 days of your Membership, or for any reason whatsoever you do not want to continue your Membership after the first 30 days, please email [email protected] within the first 30 days from the Initial Billing Date or other date when you purchased your Membership, and we will refund the Membership Fees you have already paid, no questions asked. Refunds shall be issued to the same credit card you used to pay the Membership Fees, or other method if necessary. 

The 30-day guarantee is not applicable to the Premium+ level.

d. License to Materials

By purchasing a Membership, Future Firm grants you a non-exclusive, non-transferable (except to other members or employees of your firm), non-sublicensable, limited right and license to view, use, and download (to the extent permitted by the Services) any Materials available to you as part of your Membership. 

For clarity, any transfer of Materials to individuals that are not part of your firm or to other organizations, or repurposing any Materials for any other use other than the use they were intended shall be considered a material breach of these TOS, and Future Firm may cancel your Membership at its sole discretion as a result. 

e. Memberships from Referral Partners

You may have purchased an Essential Membership from a business partner of Future Firm (a “Referral Partner”), such as Practice Ignition Inc. (“Ignition”). Where you have purchased the Membership in this manner, you share all the same rights (including licenses granted) and responsibilities of someone who purchased a Membership through Future Firm. These TOS apply equally to you, except for sub-sections 5a. and 5b. regarding payments and renewal, which do not apply to you. 

When you have purchased a Membership through Ignition, you acknowledge and agree that the Services are being provided by Future Firm, and Ignition has no obligations to you whatsoever with respect to delivery or maintenance of the Services, including with respect to pricing and any available refunds of your Membership Fees. Furthermore, you are a user of the Services with a relationship with Future Firm and all requests in connection with the Services should be directed to Future Firm and not Ignition. Ignition disclaims all responsibility and liability to you as it relates to the provision of the Services. 

6. Disclaimer Regarding Financial and Other Information from Future Firm or Other Users

You acknowledge that from time to time, Future Firm may include on the Services, or other Logged-in Users may provide, information of a financial and / or accounting nature (not including any Materials or Interactions). This financial and / or accounting information is intended for information purposes only, and is in no way intended to be acted upon by you without consulting a professional financial or accounting advisor, or following a thorough examination of any such information. While the Materials and Interactions received as part of your Membership are from the accounting professionals who are a part of Future Firm, you should carefully examine any Materials or Interactions to decide whether you should act upon any information, advice or recommendations presented therein. 

Furthermore, as part of the Services, you may receive financial information, or other information or advice from other Future Firm users who are members of your “Progress Pod” (and any such information received from such members “Progress Pod Information”). While Future Firm takes the initiative for pairing you up in your Progress Pod with other users who share common interests and a profile (among other factors), Future Firm makes no representations or warranties whatsoever about the Progress Pod Information, whether received through the Services or otherwise. 

Without limiting the generality of the Disclaimer of Warranties further in these TOS, Future Firm and / or its Representatives shall not be responsible for any losses or damages, pecuniary or otherwise, to you resulting from your use of, or any reliance upon, any Materials, Interactions, or other financial, accounting, or other information in the Services whether received from Future Firm, other Logged-in Users, or other members of your Progress Pod, and Future Firm disclaims any responsibility thereto.

7. Proprietary Rights and User Content

a. Intellectual Property Rights 

You acknowledge that: (i) the Services contain proprietary and confidential information that are protected by applicable intellectual property and other laws, and (ii) Future Firm and/or third parties (via license) own all right, title and interest in and to the Services and content (including but not limited to Materials or blog posts) that may be presented or accessed through the Services (except for User Content as defined below), including without limitation all Intellectual Property Rights therein and thereto.  All rights not specifically granted under these TOS are reserved to Future Firm and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, whether registered or not. 

You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the  Services, or content (including but not limited to Materials or blog posts) that may be presented or accessed through the Services for any purpose, unless otherwise permitted by these TOS or the functionalities of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Services; or (iii) remove, obscure, or alter Future Firm’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.

The content (including but not limited to Materials or blog posts), arrangement and layout of the Services, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to Future Firm, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Future Firm, or as permitted by the functionality of the Services or these TOS.  Any unauthorized use of the content (including but not limited to Materials or blog posts), arrangement or layout of the Services, Computer Code, images, logos, videos, audio or trademarks found in the Services or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Future Firm may take action accordingly.

The above paragraph further applies to third party property used as part of the Services, including but not limited to third party Computer Code.  For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.

b. Submitted Information

If you choose to communicate to Future Firm (via any means) suggestions for improvements to the Services or any idea or proposal related to Future Firm or its businesses or properties (collectively, “Feedback”), Future Firm shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Future Firm and waive in favor of Future Firm, its successors and assigns all your moral rights in the Feedback; and agree to provide Future Firm such assistance as Future Firm may require to document, perfect, and maintain Future Firm’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Future Firm, you are not entitled to any compensation or reimbursement of any kind from Future Firm under any circumstances.

c. User Content Policy

As a Website visitor, you may use the Services to create and submit text, including but not limited to comments on blog posts, which will be visible to other Website visitors. As a Logged-in User, you may use the Services to create and submit text in the form of comments in the Membership community section, upload documents and photos of yourself, which may be visible to other Services users. In the future additional forms of content may be uploaded to the Services by you. All of the foregoing shall be deemed “User Content”. By creating, submitting and / or uploading User Content, you agree to be bound by the Future Firm policy for User Content as described in this section (the “User Content Policy”).

When you submit User Content, you acknowledge and agree to the following:

1. User Content submitted or displayed by you does not violate any intellectual property right or other proprietary right of a third party. Without limiting the generality of the foregoing, you acknowledge that any User Content submitted or displayed is your own original works, or works for which you have been granted a valid license to reproduce or display. You affirm, represent and warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Future Firm to use all intellectual property rights and other proprietary rights in and to the User Content (or the individual constituent elements thereof) as set out herein; and (2) have all necessary consents to collect, use and disclose any personally identifiable information and images (of yourself or third parties) contained or displayed in the User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these TOS;
2. You retain all of your ownership rights in the User Content you submit or display. However, by submitting User Content to Future Firm, you hereby grant Future Firm a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, edit, translate, reproduce, distribute, display, and / or perform and otherwise fully exploit the User Content in connection with the Services and / or Future Firm’s (and its successors’ and affiliates’) business or activities, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels without any compensation to you. You understand and agree that Future Firm may retain, but not display or distribute, server copies of User Content that have been removed or deleted;
3. You also hereby waive any moral rights you may have in your User Content and grant other users of the Services a non-exclusive license to access your User Content, and to use, reproduce, distribute, display and / or perform such User Content as permitted through the functionality of the Services and under these TOS;
4. The licenses granted by you in the previous two paragraphs in regards the User Content are perpetual and irrevocable, and apply throughout the world and in any and all media as applicable;
5. You will not upload or display any User Content that is unlawful, such as User Content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or otherwise tortious. Furthermore, you will not upload or display any User Content that is racist, sexist, homophobic, or otherwise abusive or offensive to any minority or group; contains any adult content or political militancy; or upload or display any User Content that contains any viruses, mass mailing, chain mailing or any other form of spam;
6. You will not include in User Content links to any third-party website that is a spam or phishing website, or to any websites that may violate any applicable law.

Where you are accessing or downloading User Content, you acknowledge that any use of User Content accessed or downloaded by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any third party arising therefrom, and Future Firm disclaims any responsibility in this regard.

If you as a Website visitor or Services User believe that a user has posted User Content that violates the User Content Policy, please email [email protected] so that we may conduct an inquiry. Future Firm retains absolute discretion whether to remove or modify any User Content or take any other action pursuant to your report.

Depending on the nature of the User Content, User Content may or may not be edited, curated or otherwise modified or checked by Future Firm prior to posting or display. Future Firm reserves the right, in its sole discretion, to refuse to display any User Content, or to remove or modify immediately and without notice any User Content that violates the User Content Policy. 

Future Firm and its Representatives will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of, or reliance on, any User Content, whether it violates the User Content Policy or not, our removal or modification thereof, and disclaims any responsibility in this regard.

8. Use of the Application

1. The Application is licensed, not sold. Future Firm grants you the non-exclusive, non-transferable, non-sublicensable, limited right and license to install and use the Application solely and exclusively for your personal use on your Device, or the use of any other third party with access to the Device that you control and with your permission, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions for the iOS Application or the Google Play Terms of Service for the Android Application.  The iOS App Store or Google Play or any other distributor for apps may be referred to in these TOS as a “Third-Party Application Distributor”.
2. You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application).
3. You agree that you are solely responsible for (and that Future Firm has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the TOS, and for the consequences (including any loss or damage, direct or indirect, which Future Firm may suffer) of any such breach. Where a third party uses the Application on your Device with your permission, you are solely responsible for conforming to these TOS and any breach thereof shall be your responsibility. Where a third-party gains control of your Device without your permission, we strongly suggest taking action (especially a remote wipe or other procedure to lock out your Device) as Future Firm cannot be held responsible for any misuse of, or damage to, your Device (whether in relation to the Application or not) in such circumstances.

9. Accessing and Downloading the iOS Application from the Apple App Store, and Related Acknowledgements

1. You acknowledge and agree that (i) these TOS are concluded between you and Future Firm only, and not Apple Inc. (“Apple”), and (ii) Future Firm, not Apple, is solely responsible for the iOS Application and content thereof. Your use of the iOS Application must comply with the Apple Media Services Terms and Conditions, which you are responsible for reviewing from time to time.
2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Application.
3. Apple will have no warranty obligation whatsoever with respect to the iOS Application. As between Future Firm and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Future Firm, or as further specified and limited hereinafter.
4. You and Future Firm acknowledge that, as between Future Firm and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the iOS Application or your possession and use of the iOS Application, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
5. You and Future Firm acknowledge that, in the event of any third-party claim that the iOS Application or your possession and use of the iOS Application infringes that third party’s intellectual property rights, Future Firm, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, as specified elsewhere in these TOS.
6. You and Future Firm acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these TOS as related to your license of the iOS Application, and that, upon your acceptance of these TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOS as related to your license of the iOS Application against you as a third-party beneficiary thereof.
7. You acknowledge that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Without limiting any other of these TOS, you must comply with all applicable third-party terms of agreement when using the Application.
9. You acknowledge that updates to the iOS Application are subject to the approval of Apple, and Future Firm and its Representatives shall not be held responsible for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from any delay in the approval of updates by Apple.

10. External Links

From time to time Future Firm or other Logged-in Users may provide links to other websites or services. Links from the Services may take you to websites or services not covered by these TOS. When you access third party resources on the Internet in this manner, you do so at your own risk. Future Firm or other Logged-in Users provides those links as a convenience to you and Future Firm takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and / or Privacy Policy of any website or service you visit. Future Firm does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites or the third parties operating those websites. 

In no way will Future Firm be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) arising from your use of websites or other services that may be linked to from the Services or the information thereon; (2) arising from any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) arising from the actions of the operators of any such website or service.

11. Interruption of Services

From time to time, the Services may be unavailable for periods of time for maintenance and / or modifications to the Services. While we will endeavour to make this unavailability as brief as possible, Future Firm shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Services, and disclaims any responsibility thereto. 

12. Termination of the Services or Your Access to the Services and the TOS

You agree that Future Firm, in their sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, revoke your Membership credentials, or otherwise terminate your access to or use of the Services (or any portion thereof), immediately and without notice, if Future Firm believes that you have acted inconsistently with the letter or spirit of the TOS or the Privacy Policy. 

You may also end your access to the Services by canceling your Membership using the function available in the Membership management section when you are a Logged-in User. 

Future Firm may also, in their sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that Future Firm shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Services, or from Future Firm’s termination of the Services or any part thereof.

Termination of the Services or your access to the Services shall terminate the present TOS as between you and Future Firm. All provisions of these TOS which by their nature should survive termination of these TOS shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.

13. Disclaimer of Warranties

You expressly understand and agree that your use of the Services, the information thereon (whether provided by Future Firm or third parties) or any activity arising from your use of the Services (including but not limited to your reliance on any Materials, Interactions or Progress Pod Information) or the information thereon or the Materials downloaded therefrom is at your sole risk. The Services, any Materials downloaded therefrom, or any third party materials, are provided on an “as is” and “as available” basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Services or any other functionalities of the Services, or losses or damages (financial or otherwise) resulting from your use of the Services, the information thereon, any Materials downloaded therefrom, or any activity arising from the use of the Services (including but not limited to your reliance on any Materials or Interactions), the information thereon or any Materials downloaded therefrom. 

The information or resources provided through the Services, written or produced by Future Firm staff, freelance writers or other subcontractors hired by Future Firm are expected to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Services is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur. Future Firm shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Services or the information thereon, or your reliance on such information whether the information is correct or not. 

Future Firm expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Services, the information thereon or any Materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. Future Firm, its affiliates and their respective Representatives, do not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content (whether provided by Future Firm or third parties) available on or through the Services are free of viruses or other harmful components; (iv) functionalities of the Services will work equally in desktop and handheld or tablet device environments; or (v) the results of using the Services or any activity arising therefrom (including but not limited to your reliance on any Materials, Interactions or Progress Pod Information), or any content downloaded therefrom will meet your requirements, whether business needs or otherwise.

Some of the content displayed on the Services may include elements that belong to or are provided by third parties, including other Logged-in Users. You acknowledge that Future Firm assumes no responsibility for such content.

To the extent that the law does not permit a disclaimer of warranties, all content accessible on the Services, or any other websites to which we link, and all operations on this Services are warranted only to the minimum amount legally required.

14. Limitation of Liability

In no case will Future Firm or its Representatives or licensees be liable for any indirect, special, consequential, exemplary, punitive damages or other damages, or for any losses, damages, liabilities, costs and expenses arising out of or relating to (i) your access, use, misuse or inability to access or use the Services, or (ii) the interruption, suspension or termination of any part of or all the Services; and in both cases (i) and (ii) regardless of the cause of action (whether in contract, warranty, delict, quasi-delict, tort, negligence, strict liability or any other theory of liability) and even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in the TOS, in no event will our aggregate liability for any claims in connection with your use of the Services and exceed the amount of $100 or the Membership Fees paid in the previous 6 months, whichever is greater. 

You expressly understand and agree that Future Firm or its Representatives or licensees shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under legal or equitable theory, relating to the Services, the information on the Services, your use of the Services, activities arising from your use of the Services (including but not limited to your reliance on any Materials, Interactions, or Progress Pod Information), any third party materials on the Services, or any materials downloaded from the Services. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by Future Firm or its Representatives; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records. 

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.

15. Indemnity

Notwithstanding any other term of the TOS or any act or failure to act by Future Firm or its Representatives, you agree to indemnify, defend and hold harmless Future Firm and its Representatives where applicable, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Services, the information thereon, the information (including but not limited to Materials) downloaded therefrom; (ii) your participation in any activities arising from the Services or the information thereon (including but not limited to your reliance on any Materials, Interactions, or Progress Pod Information); (iii) your violation of, or failure to perform your obligations under the TOS or the Privacy Policy; or (iv) your violation of any rights of a third party. 

16. Governing Law and Applicable Jurisdiction

These TOS and your use of the Services shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws applicable therein in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Future Firm shall be brought exclusively in the courts located in the Judicial District of Montreal, Canada. 

Notwithstanding the foregoing, Future Firm shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montreal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montreal court.

17. Miscellaneous Provisions

1. The TOS, in conjunction with the Privacy Policy, constitutes the entire agreement between you and Future Firm with respect to your use of the Services, superseding any prior agreements between you and Future Firm. When you download the Application, you are also subject to the Terms of Service and Privacy Policy of any Third-Party Application Distributor you used to download the Application. We strongly suggest reading those documents prior to installing the Application. Future Firm shall in no way be held responsible for any losses or damages, whether pecuniary or otherwise, to you or any third party for your failure to adhere to the Terms of Services and / or Privacy Policy of any Third-Party Application Distributor when downloading and / or using the Application. If you choose to bypass the Third-Party Application Distributor and download the Application, you have violated these TOS and are barred from using the Application. Without limiting the generality of Disclaimers and Limitation of Liability sections elsewhere in these TOS, in no way shall Future Firm and its Representatives be responsible for your use of the Services or any actions or damages (pecuniary or otherwise) arising from your use of the Services if you have bypassed the Third-Party Application Distributor.
2. Future Firm shall not be liable for any failure to perform its obligations under the present TOS where such failure results from any cause beyond Future Firm’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
3. If any provision of the TOS or Privacy Policy is found by a court of competent jurisdiction to be invalid, you and Future Firm nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS or Privacy Policy, as the case may be, shall remain in full force and effect.
   The failure of Future Firm to exercise or enforce any right or provision of these TOS does not constitute a waiver of such right or provision, which will still be available to Future Firm.
   The section titles in the TOS and Privacy Policy are for convenience only and have no legal or contractual effect.
4. The parties acknowledge having expressly required that these TOS and the Privacy Policy are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les présentes Conditions d’utilisation et la Politique de confidentialité soient rédigées en anglais.

© Future Firm Inc. 2024