Welcome to FactoryoftheFuture.org. By using this website (“Site “), you are agreeing to comply with and be bound by our Terms Agreement and the documents named in the Terms Agreement (“governing documents”) which all govern the relationship between you and Factory of the Future, LLC, owner and provider of the Site. The terms “provider” or “us” or “we” or “our” refer to the owner of the Site, whose registered office is 304 West Main St, #106, Avon, CT 06001. The terms “you” or “your” refers to any user or viewer of the Site. The word “agreement” refers to this Advertising Agreement. The term “Services” means any services provided by us or our Site.
In addition to the Terms Agreement and other governing documents, to advertise on FactoryoftheFuture.org, or advertise at, or sponsor, any live Factory of the Future event, you hereby agree to this entire Advertising Agreementdocument (“Agreement”), which creates a binding contract between you and us. To the extent there is any conflict between this Agreement and any of our other policies, this Agreement shall control but only to extent of such conflict.
Advertising does not constitute an endorsement:
Advertisers may purchase 1. Display Ads, 2. Paid Articles (identifiable by an orange border saying “Paid Advertisement”,) 3. Listings in the Resources section. All Members may also create, as a benefit of their membership: 1. Classified Ads, and 2. Event Ads on this Site. Advertisements for products or services do not constitute an endorsement by FactoryoftheFuture.org, does not imply any partnership and we do not make any representation of these parties. Listing on this Site does not constitute a warranty or guarantee of performance, durability or safety. It is the User’s responsibility to verify through samples, tests and inquiry to Advertisers that performance criteria are met. The information within these Advertisements is considered a member benefit and is provided as goodwill and correct to the best of Factory of the Future, LLC’s information, knowledge and belief, based on the information provided by the Advertisers.
Who you may advertise for
You may only advertise for yourself or your current employer or, if you are an advertising agency, for your client. You warrant and represent that you have the power and authority to enter into this Agreement and perform the obligations hereunder and that you are personally responsible for any charges incurred through your account. You may not resell or transfer ads to any other party. Your account is not transferable or assignable to anyone else inside or outside your organization without prior written approval from us.
Advertising Content Guidelines
Use or mention of FactoryoftheFuture.org
Ads endorsing or showing support for FactoryoftheFuture.org are allowed. But, ads should not imply an endorsement by or partnership with FactoryoftheFuture.org, unless we have a signed written agreement stating the terms of that endorsement or partnership. If referring to our website in your ad, would you please use the URL “FactoryoftheFuture.org”, just as it appears here (without the quotation marks), in the same font as the rest of your ad. Please do not use our logo.
Advertisements that are deceptive, misleading, or make false claims about a product or service are not allowed on FactoryoftheFuture.org. This includes misleading titles, statements or illustrations, or exaggerations. Here in the United States, the U.S. Federal Trade Commission investigates consumer complaints about “truth-in-advertising” and assigns stiff penalties if advertisers are found guilty. Images in your ad should have a reasonable relationship to the product or service being advertised. Any advertised discount, offer, or price appearing in any ad you place on the Site must also appear on the web page that your ad is linked to without requiring our user(s) to navigate to another web page.
We do not allow ads that:
- are inappropriate for the professional nature of our Site
- promote illegal products, services or activities, or unsafe practices
We do not allow ads about, containing or suggesting:
- Drugs (illegal, prescription, or recreational)
- Smoking or related paraphernalia
- Weapons, ammunition, or explosives
- Violence in any form
- Sex, adult products or services (including dating)
- Anything shocking, sensational, or disrespectful
- Controversial political or social issues
We also do not allow:
- Ads that refer to race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status, membership in any group, criminal record, etc
- Ads that infringe upon or violate the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights
- Audio or animation that plays automatically
- Ads that direct users to landing pages that you can’t navigate away from
- Ads that contain spyware or malware
You own the rights to your content:
You own the rights to the advertising content you post, unless you choose specifically to renounce it. However, by posting advertising content to us, you give us permission to use your content solely to do the things we need to do to provide our advertising services, including, without limitation, storing, displaying, reproducing, and distributing your content. This includes granting us a non-exclusive, fully paid up and royalty-free right to use, reproduce, and communicate the name and trademarks of your organization as an advertiser on our Site. This may include promoting your content with partner companies or services for broader broadcast, distribution, or publication.
Who may see and use your ad content?
In posting advertising with us, you authorize other members who have access to our service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination; this includes people off of FactoryoftheFuture.org, to access and use that information.
Ownership of our content:
All materials and information on FactoryoftheFuture.org are protected by copyrights, trademarks and other intellectual property rights owned, licensed, and/or controlled by us. You agree that any feedback you provide to us (including suggestions, comments, improvements, ideas, etc.), shall be part of our Intellectual Property Rights and you hereby assign to us all your rights in such feedback.
Your fees will be owed in U.S. dollars. You agree to pay for all fees you incur in connection with each advertisement including any advertisements placed by you on behalf of your employer and regardless of the payment instrument used, and you hereby grant us the right to regularly charge the credit card you have provided in your account information as means of satisfying the fees you owe.
You are responsible for paying all taxes and government charges that we must levy on your fees for advertising.
Late Fees and Nonpayment:
We reserve the right to remove any ad that is past due. You also are responsible for paying reasonable expenses and attorneys fees we incur collecting late amounts.
You may cancel your advertisement at any time. We will endeavor to cease serving your advertisement promptly following your cancellation. You shall be required to pay for those impressions and/or clicks, as applicable, which occur prior to discontinuation of your advertisement.
Should you cancel your advertisement before the end of the ad’s term, we will refund whatever part of the monthly fee remains, on a prorated basis. Please contact us to request the refund, giving all details to help us process your refund, including title of ad, who purchased the ad, the date of purchase and reason for the cancellation.
Removal of advertisements by us:
We reserve the right to remove any advertisement at any time, for any reason. In the event of any removal of your advertising, you will be responsible for paying for all ads that ran prior to the time of removal or cessation.
We provide no guarantee of any kind, either expressed or implied, regarding any advertising campaign(s).
Agreement does not promise exclusivity:
We reserve the right to enter into an Advertising Agreement with any individual or business as we see fit. This Agreement is not exclusive as to your business, products or services. We retain the right to solicit advertisements from persons and entities that may be in competition with your business, products or services, including our own ads.
Our site is created on the WordPress.com system and is hosted by GreenGeeks Web Hosting, 5739 Kanan Rd Suite 300, Agoura Hills, CA 91301, USA. GreenGeeks security information can be seen at: https://www.greengeeks.com/platform/
You agree to indemnify Factory of the Future, LLC from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with Wordpress.com or GreenGeeks Web Hosting.
We Offer No Warrantee:
The site and all content and functionality are provided “as is” and “as available” basis, without warranty of any kind including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the fullest extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied. We make no warranty that the site or the content will: meet your requirements; be available on an uninterrupted, timely, secure or error-free basis; or that the results that may be obtained from the use of the site will be accurate or reliable; or the quality of any products, services, information or other material purchased or obtained by you through the site will meet your expectations. Obtaining anything through the use of the site is done at your own discretion and at your own risk. We have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content.
You understand and expressly agree that we 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 we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (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 service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to our Services.
Except as prohibited by law, you will hold Factory of the Future, LLC, and its officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including reasonable attorneys’ fees and costs of litigation and arbitration, including, without limitation, trial or appeal, if any, whether or not litigation or arbitration is instituted, arising out of or related to your access to or use of our Site, your violation of this Agreement, and/or your violation of the rights of any third party or person, including any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if we have been previously advised of the possibility of such damage.
Limits of liability:
Except as prohibited by law, if there is liability found on our part, it will be limited to the amount paid for the advertising services, and under no circumstances will there be consequential or punitive damages. Our aggregate liability arising out of these Terms will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past two (2) months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. You may have other rights that vary from state to state.
Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in jurisdictions where it is not legally permitted, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. For example, California residents must, as a condition of this agreement, waive the applicability of California civil code section 1542, which states, “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You hereby waive this section of the California civil code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release.
We will endeavor to resolve any problems you may have through our customer service channels. If you have a concern, would you please contact us via our Contact Us page.
If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in a Connecticut court.
Compliance with Export Restrictions:
You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
Special Provisions Applicable to Users Outside the United States:
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users outside the United States:
You consent to having your personal data transferred to and processed in the United States.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on our Site (such as advertising or payments) or operate a Platform application or website. You will not use our Site if you are prohibited from receiving products, services, or software originating from the United States.
Notwithstanding anything to the contrary in this Agreement, our Terms, or any other governing document, we shall not be in breach or in default because of, and will not be liable to Users or Advertisers for any delay or failure to perform obligations under this agreement because our Site is not functioning due to, without limitation, fire, earthquake, flood, explosion, strike, boycotts, riot, war, terrorism, and restraints of public authority or similar event beyond reasonable control (each a “Force Majeure Event”).
No other relationship is established:
No agency, partnership, joint venture, or employment relationship is created between you and us by this Agreement or any advertisement transaction, and neither party shall have the authority to bind the other in any way. This Agreement does not confer any third party beneficiary rights.
Written in English:
This Agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
This constitutes the entire agreement by and between you and Factory of the Future, LLC, with respect to the subject matter hereof and supersedes all prior agreements, understandings, representations or negotiations, whether written or oral, or whether established by custom, practice, policy or precedent.
- This Advertising Agreement incorporates the following: Terms Agreement, Privacy, and Community Guidelines. If there is any conflict between this agreement and any of these additional policies, this agreement will control with regards to Advertising on the Site.
- If any provision of this agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement. The headings in this agreement are for convenience and do not control any of its provisions.
- Our failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of that right or provision.
- Any amendment to or waiver of this Agreement must be made in writing and signed by us in order to be enforceable by you.
- We may amend this Agreement at any time and in our sole discretion.
- You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent.
- We reserve all rights not expressly granted to you.
- All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Agreement shall prevent us from complying with any applicable law of any jurisdiction.
- This Agreement does not confer any third party beneficiary rights.
Dated: April 20, 2015