Welcome to FutureProofMyBuilding.com (the “Site”)! The following terms and conditions (the “Terms of Service” or “Agreement”) form a binding agreement between you and us. The terms “FutureProofMyBuilding”, “us”, “we” or “our” refers to Future Proof Software Solutions Limited who offers the Test Product (as defined below). The term “you” or “your” refers to the person accessing or using the Site and Test Product, or the company or organization on whose behalf that person accesses the Site and Test Product.
Our Services
We provide a very simple and easy to use listing to showcase your company’s services and offerings through our Site at http://www.FutureProofMyBuilding.com and any other related websites, toolbars, widgets, applications or other distribution channels we may, from time to time, operate (collectively, the “Test Product”). FutureProofMyBuilding Limited designed and developed all FutureProofMyBuilding software applications either alone or together with third parties. Subject to the terms and provisions hereinafter set forth, you are willing to accept delivery of one or more of such Products (each a “Test Product”) for the purpose of using and evaluating the same for a specific test period as effectuated by a time-out mechanism in the Test Product (a “Test Period”). Upon approval of your company’s products/services offerings FutureProofMyBuilding is willing to permit you to use and evaluate the Test Product under the terms and conditions hereafter contained in order to obtain user information pertaining to such Test Product which may be helpful to FutureProofMyBuilding in making any changes, enhancements or modifications with respect thereto.
Acceptance of the Terms
- By accessing or using the Test Product, you agree to be bound by these Terms of Service, whether you are a “Member” (which means that you have registered for an account as a User) or a “Visitor” (which means that you are visiting the Site or any of our related websites, toolbars, widgets, applications or the like). The term “User” refers to a Visitor or a Member. These Terms of Service along with any other guidelines we may post from time to time, such as our Privacy Policy (collectively, the “Guidelines”) will govern your use of the Test Product. If you do not agree to these Terms of Service or any of our Guidelines, do not use any of our Test Product. We reserve the right to modify these terms of use at any time. We agree to notify the client at least 30 days prior to the effective date of change. As FutureProofMyBuilding cannot guarantee delivery of notification, it is the client’s responsibility to check these terms of use periodically for any changes. The client’s continued use of the service shall be deemed an acceptance of the updated terms of use. Conversely, the client may reject the updated terms and conditions by ceasing use of the service.
- The customer is responsible for maintaining backups of their own data stored on FutureProofMyBuilding’s servers.
- The service is provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied.
- FutureProofMyBuilding ‘s failure to enforce any term or condition in this policy shall not be taken as a waiver of that term or condition.
- FutureProofMyBuilding reserves the right to send email notices to the customer. Your personal information or email addresses will never be shared, given or sold to any other organization or third party.
- FutureProofMyBuilding shall own all copyrights and intellectual property relative to the service. At no time, the use of the service might be interpreted otherwise than a usage right.
- FutureProofMyBuilding has the right at its sole discretion to restrict, edit or remove listings that we deem to not fit with company objectives of promoting and supporting sustainability. Products or services that we are willing to promote encourage heightened levels of sustainability, energy efficiency or ecologically sound practices with regards to construction, energy management and water management.
Eligibility
By using the Test Product, you represent and warrant that (a) you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service; (b) all registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 13 years of age and older; and (e) your use of the Test Product does not violate any applicable law or regulation. Use of the Test Product is void where prohibited.
Ownership of Proprietary Rights and Grant
FutureProofMyBuilding does hereby grant to user at no charge a nonexclusive, non-transferrable right to use the software furnished in connection with or as the Test Product for the Test Period. This right shall terminate at earlier of: (a) the end of the Test Period; or (b) the date FutureProofMyBuilding determines in its discretion that either (i) the User is not satisfactorily performing evaluations of the Test Product and reporting such evaluations to FutureProofMyBuilding; or (ii) FutureProofMyBuilding no longer has a need for user information from the User regarding the Test Product.
Subject to the provisions of this Agreement, FutureProofMyBuilding may furnish User with updates and enhancements of the Test Product, if applicable, as and when the same are released. Nothing in this agreement obligates FutureProofMyBuilding to create any such updates or enhancements.
Evaluation and Reports
You shall utilize and evaluate the Test Product in your day to day business environment and conduct such tests and evaluations as may be reasonably necessary to form an opinion concerning its opinion and evaluation of the Test Product. You shall consult with representatives of FutureProofMyBuilding from time to time concerning the performance of the Test Product.
You agree that right, title and interest to any reports, feedback or suggestions relating to the Test Product or any inventions relating to an improvement of the Test Product conceived in or made as a result of your performance of this Agreement shall become the exclusive property of Future Proof Software Solutions Ltd. and that FutureProofMyBuilding may disclose and use such information for any purposes whatsoever, entirely without obligation of any kind to you.
Confidential Information and Data
You acknowledge that each Test Product consists of software which is proprietary and confidential to FutureProofMyBuilding or its licensors; and all rights, title and interest therein or thereto, including without limitation, all patents, copyrights, trademarks and trade secrets remain in FutureProofMyBuilding or its licensors. Therefore, You shall not disclose, directly or indirectly, or take any other action which would result in the unauthorized disclosure of any confidential or proprietary data whatsoever, including, but not limited to, reproduction of data furnished you by FutureProofMyBuilding. The release of confidential information to you does not constitute a commercialization of the Test Product, but rather is a release for testing purposes only. You shall not disclose to any third party the terms of this Agreement nor the results of any evaluation hereunder except with the written consent of FutureProofMyBuilding. You shall, upon FutureProofMyBuilding’s request, certify in writing as to the return or destruction of all such confidential information. You shall not translate, copy, disassemble, reverse engineer, or decompile any Test Product, nor shall Customer make copies or translations of any Test Product documentation. Furthermore, you shall not make any pre-release reports or give pre-release interviews concerning the Test Product or the confidential information without FutureProofMyBuilding’s prior written consent.
Your Beta Account
You can create an account with us by registering on our site by creating a profile. For your convenience, a temporary beta test account is created for you when you submit your email address on the Site to obtain a listing for your company/organization. You are solely responsible for maintaining the confidentiality of your password, and fully responsible for all activities that occur under your account. You agree not to use the account, username or password of another User at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorized use of your account. If we have reasonable grounds to suspect violation of these terms or that registration information you have provided is untrue, inaccurate, outdated, or incomplete, we may terminate your User account and refuse current or future use of any or all of the Test Product. We are not responsible for any loss or damage to you or any third party that may be incurred as a result of any unauthorized access and/or use of your account, or otherwise.
Your Content
You agree that you own all your contacts and content, including text, files, images, photos, videos, or the like you store on our Test Product (collectively, “Content”) you or your Visitors provide by using our Test Product. You grant us a limited license to access, copy, modify, distribute, store, transmit, reformat, list information regarding, edit, translate, make derivative works of, publicly display and publicly perform such Content to the extent needed to provide our Test Product to you. The license you grant to FutureProofMyBuilding is non-exclusive (meaning you are free to license your Content to anyone else in addition to FutureProofMyBuilding), fully-paid and royalty-free (meaning that FutureProofMyBuilding is not required to pay you for the use on the Test Product of the Content that you post), transferable and sub-licensable (so that FutureProofMyBuilding is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Test Product), and worldwide (because the Internet and the Test Product are global in reach).
You are solely responsible for your Content and the consequences of its transmission. You are further responsible for ensuring that you do not accidentally make any private Content publicly available. Any Content that you may receive through the use of the Test Product from your visitors or otherwise is provided to you AS IS for your information and personal use only and you agree not to use or otherwise exploit such Content for any purpose without the express written consent of the person who owns the rights to such Content. We make no warranties, express or implied, as to the Content or to the accuracy or reliability of the Content or any material or information that you receive through our Test Product.
User Data Rights
As a Member, you may have access to certain information explicitly submitted by other Users of the service, such as contact information submitted through our quoting platform on your website (“User Submissions”). In order to provide our Test Product, you also allow us to collect, store and use additional data about the usage of our tools and information about your contacts that was not explicitly submitted by any User, such as IP address of a contact or statistics about the usage of the Contact Widget on your website (collectively with User Submissions, “User Data”). You hereby grant Future Proof Software Solutions Ltd. a nonexclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, fully paid-up, royalty-free right and license to (i) use, reproduce, store, modify, create derivative works of, distribute, translate, publicly perform and display the User Data on or through the Site and in all current and future media in which the Test Product may be distributed; (ii) use and disclose the User Data and related metrics in an aggregate or other non-personally identifiable manner (including, for use in targeting advertising in a non-personally identifiable manner through and in connection with the Site); and (iii) use User Data for other purposes permitted by our Privacy Policy.
You hereby agree not to use, display or share User Data in a manner inconsistent with our Terms of Service and Guidelines, You own the Content created or stored by you. Because the purpose of the service is to advertise and promote our customers, unless otherwise stated, your use of the Test Product does grant FutureProofMyBuilding the license to use the Content created or stored by you for our commercial, marketing or any similar purpose. You agree not to use, display or share your Content or any data we provide you (collectively, “User Data”) in a manner inconsistent with our Terms of Service, Guidelines and all applicable laws and regulations. FutureProofMyBuilding is not required to keep back-up copies of User Data on the Site once your account or User Data is deleted. FutureProofMyBuilding makes no guarantee that User Data will be safely stored on the Site. To be safe, you should independently back-up your User Data, to the extent permitted herein and by applicable laws and regulations. You acknowledge that FutureProofMyBuilding may terminate the account of any User in accordance with this Agreement.
Prohibited Activity
You agree not to use the Test Product for illegal, harmful, misleading, fraudulent or other malicious purposes or to post, disseminate or communicate any unlawful, defamatory, obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter or for the transmission of material that contains viruses or other malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Test Product for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. Despite these prohibitions, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material.
Without assuming any obligation to do so, we may delete any Content or suspend any account associated with it, that we have reasonable grounds to believe violates this Agreement or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person.
Inactive User Accounts Policy
We reserve the right to disable or deactivate unpaid User accounts that are inactive for more than 60 days. In the event of such termination, all data associated with such User account may be deleted. We will provide you prior notice of such termination by email. In the future, we may limit the number of Categories and Services a User may list and may impose different usage restrictions than currently offered.
Service Communications
By providing FutureProofMyBuilding your email address and phone number as a Member, you consent to our using the email address or phone number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address or phone number to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or FutureProofMyBuilding offers. If you do not want to receive certain email messages and communications, you may opt out by contacting our support team. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications from other Users. FutureProofMyBuilding reserves the right to send you notice about your account even if you opt out of all voluntary email and phone notifications.
Privacy Protection
We care about your privacy. Your information may be stored and processed in any country in which FutureProofMyBuilding and its service providers maintain facilities, including outside of Canada. In this regard, or for purposes of sharing or disclosing data in accordance with this Agreement, FutureProofMyBuilding reserves the right to transfer information outside of your country. By using the Services, you consent to any such transfer of information outside of your country.
Third Party Links and Interactions
You release Future Proof Software Solutions Ltd., its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users and third parties. Additionally, FutureProofMyBuilding, Users or third parties may provide hyperlinks on the Site or Test Product, or any other form of link or redirection of your connection to other sites (“Third Party Sites”). Links to these Third Party Sites are provided solely for your convenience and in no way does the inclusion of any link on the Site or Test Product imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. FutureProofMyBuilding expressly disclaims responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Site or Test Product.
Disclaimer of Warranties
FutureProofMyBuilding does not warrant that (i) the Test Product will meet your specific requirements, (ii) the Test Product will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Test Product will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Test Product will meet your expectations, and (v) any errors in the Test Product will be corrected.
Limitation of Liability
You expressly understand and agree that FutureProofMyBuilding , its subsidiaries, and affiliates, and their respective officers, directors, agents, co-branders or other partners, and employees (“Future Proof Software Solutions Limited “) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Future Proof Software Solutions Limited has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Test Product; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Test Product; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Test Product; (v) or any other matter relating to the Test Product. Your sole and exclusive remedy for any dispute with FutureProofMyBuilding related to any of the Test Product shall be termination of such Service. In no event shall Future Proof Software Solutions Limited entire liability to you in respect of any Service, whether direct or indirect, exceed the fees paid by you towards such Service in the previous twelve (12) months.
Indemnification
You agree to indemnify, defend, and hold harmless FutureProof MyBuilding and its third party service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or relating to:
- any Content you submit, post, transmit, or make available through the Site or Test Product;
- your use or misuse of the Test Product;
- your connection to the Test Product;
- your breach or alleged breach of this Agreement; or
- Your violation of any rights (including intellectual property rights) of a third party.
Changes to Test Product
We reserve the right at any time (and from time to time) to modify, suspend, or discontinue providing the Test Product or any part thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Test Product.
Amendments
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.FutureProofMyBuilding.com or elsewhere on the Site. The revised version will be effective at the time we post it. Your continued use of the Test Product after posting of the changes constitutes your binding acceptance of such changes.
Term and Termination
You may terminate your account and end your use of the Test Product at any time and for any or no reason. FutureProofMyBuilding has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Test Product, (ii) remove and discard any Content within any account or anywhere on the Site or (iii) shut down an account, with or without notice, and with no liability of any kind to you.
If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law. Upon deactivating your account, this Agreement terminates and your access rights to the Site and any Test Product immediately cease to exist. FutureProof MyBuilding’s rights survive the termination of this Agreement.
General
The failure of FutureProofMyBuilding to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. FutureProofMyBuilding may assign this Agreement in whole or in part in its sole discretion without your consent and without notice. This Agreement constitutes the entire agreement between you and Future Proof Software Solutions Limited and governs your use of the Test Product, superseding any prior agreements (whether written or oral) between you and Future Proof Software Solutions Limited regarding the subject matter hereof. Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.