Futurelink Terms of Use

Futurelink provides a personalized subscription service that allows our members to access various live online courses & enrichment activities ("Futurelink content") streamed over the Internet to subscribers.

You have accepted these Terms of Use, which govern your use of our service. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.

As used in these Terms of Use, "Futurelink service", "our service" or "the service" means the personalized service provided by Futurelink for discovering and watching Futurelink content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH FUTURELINK (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

1.    Membership

1.1. Your Futurelink membership will continue and automatically renew until terminated. To use the Futurelink service you must have Internet access and a Internet enabled smart device or PC and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see "Cancellation" below). By subscribing to these services, you agree to waive any right to dispute charges or any other claims.  

1.2. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Futurelink membership by visiting our website and clicking on the "Account" link.

 

2.    Free Trials

2.1. Your Futurelink membership may start with a free trial. The duration of the free trial period of your membership lasts will be specified during sign-up and is intended to allow new and certain former members to try the service. 

2.2. Free trial eligibility is determined by Futurelink at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Futurelink membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Futurelink membership to determine eligibility. For combinations with other offers, restrictions may apply.

2.3. We will charge the membership fee for your next billing cycle to your Payment Method at the end of the free trial period and your membership will automatically renew unless you cancel your membership in writing to billing@futurelink.com a minimum of (3) days prior to the end of the free trial period. To view the applicable membership price and end date of your free trial period, visit our website and click the "Billing details" link on the "Account" page.

 

3.    Billing and Cancellation

3.1. Billing Cycle. The membership fee for the Futurelink service any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Billing details" link on the "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

3.2. Payment Methods. To use the Futurelink service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

3.3 Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

3.4. Cancellation. You can cancel your Futurelink membership at any time, and you will continue to have access to the Futurelink service through the end of your billing period. To cancel, go to the "Membership Cancellation" page on our website and follow the steps to submit a cancellation request. If you cancel your membership, your account will automatically close at the end of your current billing period. If you signed up for Futurelink using your account with a third party as a Payment Method and wish to cancel your Futurelink membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Futurelink service through that third party. You may also find billing information about your Futurelink membership by visiting your account with the applicable third party. Relative to non-subscription or membership provided services such as courses, tutoring or classes, all sales are final. Under certain circumstances and at the sole discretion of Futurelink , we may provide a credit for future service.

3.4.1 If your plan was terminated due to member cancellation or credit card payment failure, you will need to repurchase a plan and any promotional pricing will be void.


3.5. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.

3.6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

 

3.7 Media Release Customer on behalf of himself/herself and his or her minor child/children  hereby grants Futurelink and their agents the absolute right and permission to use photographic portraits, pictures, digital images or videotapes of Customer and Customers’ minor children, or in which Customer or Customers’ minor children may be included in whole or part, or reproductions thereof in color or otherwise for any lawful purpose whatsoever, regardless of where taken, including but not limited to use in any publication or on the Futurelink websites, without payment or any other consideration. Customer hereby waives any right that they may have to inspect and/or approve the finished product or the copy that may be used in connection therewith, wherein Customer or Customers’ minor children’s’ likeness appears, or the use to which it may be applied. Customer hereby releases, discharges, and agrees to indemnify and hold harmless Futurelink and their agents from all claims, demands, and causes of action that Customer or Customers’ minor children  have or may have by reason of this authorization or use of photographic portraits, pictures, digital images or videotapes, including any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said images or videotapes, or in processing tending towards the completion of the finished product, including publication on the internet, in brochures, or any other advertisements or promotional materials. By signing below and signing at the end of this Agreement, you acknowledge and agree that you have read the foregoing and know of the nature of the activities at FutureLink and you agree to all the terms of this agreement or do not use our service.

 

4.0 Futurelink Service 4.1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Futurelink service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use. 4.2. The Futurelink service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond the member that has signed up. During your Futurelink membership, we grant you a limited, non-exclusive, non-transferable right to access the Futurelink service and view Futurelink content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. 4.3. You may view Futurelink content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the "Account" page. 4.4. The Futurelink service, including the content library of courses, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of Futurelink content. You can turn off tests participation at any time by contacting billing@futurelink.com 5.0 Community Covenant

 

5.1 The various Futurelink services including live training (“community”)are dedicated to providing a harassment-free experience for everyone. We do not tolerate harassment of participants in any form.

 

5.2 Applicability and Scope

 

This code of conduct applies to all of this community's spaces, including public channels, private channels and direct messages, both online and off. Anyone who violates this code of conduct may be sanctioned or expelled from these spaces at the discretion of the administrators. Toward a Welcoming and Safe Environment

 

We hope to create an environment in which diverse individuals can collaborate and interact in a positive and affirming way. Examples of behavior that contributes to creating this sort of environment include:

 

* Using welcoming and inclusive language

* Being respectful of differing viewpoints and experiences

* Gracefully accepting constructive criticism

* Focusing on what is best for the overall community

* Showing empathy towards other community members

 

5.3 Anti-Harassment Statement

 

This community will not tolerate harassment of any kind. Examples of harassment include:

 

* Offensive comments related to gender, gender identity and expression, sexual orientation, disability, mental illness, neuro(a)typicality, physical appearance, pregnancy status, veteran status, political affiliation, marital status, body size, age, race, national origin, ethnic origin, nationality, immigration status, language, religion or lack thereof, or other identity marker. This includes anti-Indigenous/Nativeness and anti-Blackness.

* Unwelcome comments regarding a person's lifestyle choices and practices, including those related to food, health, parenting, relationships, drugs, and employment.

* Deliberate misgendering, using inappropriate pronouns, or use of "dead" or rejected names.

* Gratuitous or off-topic sexual images or behavior in spaces where they're not appropriate.

* Physical contact and simulated physical contact (eg, textual descriptions like "hug" or "backrub") without consent or after a request to stop.

* Threats of violence.

* Incitement of violence towards any individual or group, including encouraging a person to commit suicide or to engage in self-harm.

* Deliberate intimidation.

* Stalking or following - online or in the physical world.

* Harassing photography or recording, including logging online activity for harassment purposes.

* Sustained disruption of discussion.

* Unwelcome sexual attention.

* Patterns of inappropriate social contact, such as requesting/assuming inappropriate levels of intimacy with others.

* Continued one-on-one communication after requests to cease.

* Deliberate "outing" of any aspect of a person's identity without their consent except as necessary to protect vulnerable people from intentional abuse.

* Publication of non-harassing private communication.

* Jokes that resemble the above, such as "hipster racism", still count as harassment even if meant satirically or ironically.

 

5.4 Enforcement Process

 

Every code of conduct violation report will be treated with seriousness and care. If a member's immediate safety and security is threatened, an individual Instructor may take any action that they deem appropriate, up to and including temporarily banning the offender from the community and/or all Futurelink services permanently and reporting to law enforcement. 

 

At our discretion, we may publicly name a person about whom we've received harassment complaints, or privately warn third parties about them, if we believe that doing so will increase the safety of our members or the general public. We will not name harassment victims without their affirmative consent.

 

5.5 Consequences

Any violations of this code of conduct will result in termination of service without refund. We reserve the right to refuse service. 


5.6 You agree to use the Futurelink service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Futurelink service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Futurelink service; use any robot, spider, scraper or other automated means to access the Futurelink service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Futurelink service; insert any code or product or manipulate the content of the Futurelink service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Futurelink service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

5.7 The quality of the display of the Futurelink content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection, type of WIFI, speed of hardware etc. A download speed of at least 15.0 Mbps per stream is recommended to receive HD (defined as a resolution of 720p or higher). You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Futurelink makes no representations or warranties about the quality of your online experience on your display. Futurelink utilizes various third party online training technologies including but not limited to Zoom, GotoMeeting and others.  Futurelink does not guarantee any specific performance of these 3rd party online training technologies. We do our best to provide the best possible technologies to our customers.


5.8. Futurelink website may solely be used for authorized access to live instructor led training and viewing of content from Futurelink by subscriber. Depending on the types of devices used by subscriber, their experience may vary by device and medium, and functionalities may also differ between devices. If you do not accept the foregoing terms, do not use our service.
 

5.9 Passwords and Account Access. The member who created the Futurelink account and whose Payment Method is charged (the "Account Owner") has access and control over the Futurelink account and is responsible for any activity that occurs through the Futurelink account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history and upcoming classes for the account), the Account Owner should maintain control over the Futurelink login that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Futurelink or our partners from identity theft or other fraudulent activity. Futurelink is not obligated to credit or discount a membership for holds placed on the account by either a representative of Futurelink or by the automated processes of Futurelink. 

 

6.    Disclaimers of Warranties and Limitations on Liability

6.1. THE FUTURELINK SERVICE AND ALL CONTENT ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE FUTURELINK SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. FUTURELINK DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE FUTURELINK SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. FUTURELINK SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, WEBSITES, FUTURELINK LIVE STREAMING, AND FUTURELINK SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL FUTURELINK, OR ITS SUBSIDIARIES, ITS PARTNERS, ITS SUBCONTRACTORS OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

6.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

6.4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

 

7 Arbitration Agreement

7.1. If you are a Futurelink member in the United States (including its possessions and territories), you and Futurelink agree that any dispute, claim or controversy arising out of or relating in any way to the Futurelink service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Futurelink are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Futurelink membership.

7.2. If you elect to seek arbitration or file a small claim court action, you must first send to Futurelink, by certified mail, a written Notice of your claim ("Notice"). The Notice to Futurelink must be addressed to: General Counsel and sent to billing@futurelink.com .  If Futurelink initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Futurelink, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Futurelink and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Futurelink may commence an arbitration proceeding or file a claim in small claims court. 

7.3. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Futurelink decides otherwise, any arbitration hearings will take place at Judicate West in Orange County, Ca. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.

7.4. YOU AND FUTURELINK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Futurelink agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

 

 

8.0 Miscellaneous

8.1 Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of California U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

8.2 Unsolicited Materials. Futurelink does not accept unsolicited materials or ideas for Futurelink content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Futurelink. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Futurelink and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

8.3. Feedback. Futurelink is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Futurelink service, including the Futurelink website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Futurelink service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

8.4. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit our website or email billing@futurelink.com. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Service or other portions of our website, these Terms of Use will control.

8.5. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

8.6. Changes to Terms of Use and Assignment. Futurelink may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Futurelink service.

8.7. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. A payment notice is not a pre-requisite to submit payment. You are responsible for payment regardless of notices being received. 

Last Updated: March 22 ,2020

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