Terms of Service Agreement for Futurestep Members
This Terms of Service Agreement for Futurestep Members (Agreement) is a legal agreement between you (You or Member) and Korn/Ferry International Futurestep, Inc. and its affiliates (Futurestep). This Agreement provides the terms and conditions under which You may access this Futurestep Web site (Site) and on which Futurestep will provide any related executive search services (Futurestep Services) to You. If You have any concerns or questions about this Agreement, about this Site, or about Futuresteps policies, please contact us via email at firstname.lastname@example.org. This Site is owned and operated by Futurestep, which has its principal offices at:
1900 Avenue of the Stars, Ste. 2600
Los Angeles, California 90067
1- Your Use of This Site and Futurestep Services.
Futurestep is an executive search service for management professionals. Members who complete the registration process and submit the Futurestep registration form are eligible to be considered for employment opportunities with Futuresteps clients. You may use this Site and Futurestep Services solely for Your individual, personal purposes and only in accordance with this Agreement.
b. Members User ID and Password.
You are permitted to select a User ID and password so that You can access Your Home Page and otherwise use this Site and Futurestep Services. You agree that You will protect and keep confidential Your User ID and password, and that You will not permit anyone else to use such User ID and password or Your Futurestep membership. You acknowledge that You are solely responsible for any unauthorized use of this Site and Futurestep Services conducted via Your User ID and password, and that You have an obligation to notify Futurestep immediately at email@example.com if You know or suspect that Your User ID or password has been compromised. Futurestep reserves the right to refuse and/or terminate Your membership and access to this Site and Futurestep Services at any time in Futuresteps sole discretion.
c. Your Use of Proprietary Materials.
All content on this Site, including but not limited to all information, text, audio, video, and graphics, is the property of Futurestep or its licensors and is protected by copyright laws worldwide. Futurestep" and the Futurestep logo are trademarks of Korn/Ferry International, Futurestep, Inc. and are protected in the U.S. and other countries. Other products and company names mentioned herein may be the trademarks or trade names of their respective owners. You may not copy, upload, post, publicly display or perform, modify, create derivative works from, distribute, or otherwise transmit any materials from this Site in any way, except that You may print out one copy of materials on this Site for Your own personal use only, provided that You do not delete or alter any copyright, trademark, or other proprietary notice. You may not link to this Site without Futuresteps prior written authorization. Content on this Site may be protected by patent, trade secret, or other proprietary rights, and nothing herein shall be construed as conferring by estoppel, implication, or otherwise any license or right under such proprietary rights. Certain parts of this Site may contain confidential or proprietary information that is not available to the general public; Your attempt to access such information without authorization may be prosecuted to the full extent of the law.
d. Futurestep Discussion Area Posting Guidelines
Futurestep provides a number of discussion areas at the Site, such as Career Exchange ("Discussion Areas"), which are designed to enable You to discuss career-related activities with other Futurestep Members and Futurestep career consultants in an atmosphere of mutual respect. Toward that end, in addition to the restrictions imposed by the other terms of this Agreement, including those in Section 1.e. below, and any other restrictions that may be imposed at the time that You participate in Discussion Areas, Futurestep has established additional Discussion Area guidelines to which You must adhere. The following activities are strictly prohibited:
Violating these guidelines may be grounds for immediate removal from Discussion Areas, termination of Futurestep membership, termination of access to and use of the Site and Futurestep Services, and possible civil or criminal liability. Although Discussion Areas are typically moderated, and Futurestep reserves the right to review all comments before they are posted to ensure they comply with these guidelines, Futurestep does not guarantee that comments posted by others will not be inaccurate, offensive, or harmful. Futurestep does not guarantee that Your comments will be posted or that they will be posted exactly as You submitted them to Futurestep. If You have any questions about using the Discussion Areas, email us at firstname.lastname@example.org
e. Your Content.
You represent and warrant that all information You provide to Futurestep in Your registration form is true, accurate, and not misleading. You assume sole responsibility for ensuring that any material including third-party content that You post or otherwise transmit to this Site (including via email and in all Discussion Areas) or that is posted or otherwise transmitted via Your User ID and password (Your Content) does not violate any laws or the rights of any person (including but not limited to those related to privacy, confidentiality, publicity, copyright, trademarks, trade secrets, patents, and so on); is not defamatory; is not pornographic, obscene, or otherwise indecent; does not harass, threaten, abuse, or offend (including racially, ethnically, and sexually offensive communications); does not contain any virus or any other similar harmful or malicious program, code, or data; does not contain advertisements, promotions, or commercial solicitations; does not constitute spamming as that term is commonly understood or as it is defined under the law; and does not otherwise expose Futurestep to civil or criminal liability or public ridicule.
2- Futuresteps Right to Use Your Content/Information.
3- References and Links to Third Parties.
This Site may contain references (including by trademark, service mark, or trade name) and links to content, products, services, or other offerings of third parties (including but not limited to potential employers). Such references and links do not constitute or imply an endorsement or recommendation by Futurestep of any such third party, nor do they constitute or imply an endorsement or recommendation by any such third party of Futurestep. Futurestep has no authority or control over, and is not responsible for, such third parties or their Web sites, including their availability, content, operation, practices, performance, any viruses accessed through them, or anything purchased or otherwise acquired through them.
4- Modification of This Agreement.
SUBJECT TO SECTION 7, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE (INCLUDING ANY WEB SITES, CONTENT, FEATURES, AND SERVICES AVAILABLE OR ACCESSIBLE THROUGH THIS SITE) AND ANY FUTURESTEP SERVICES, WHICH ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS AND WITHOUT TERMS, REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NONINFRINGEMENT. WITH REGARD TO THIS SITE (INCLUDING ANY WEB SITES, CONTENT, FEATURES, AND SERVICES AVAILABLE OR ACCESSIBLE THROUGH THIS SITE) AND FUTURESTEP SERVICES, FUTURESTEP MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS OR USE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT YOU WILL OBTAIN ANY RESULTS FROM SUCH ACCESS OR USAGE; THAT DEFECTS WILL BE CORRECTED; THAT ANY INFORMATION WILL BE ACCURATE, ADEQUATE, AVAILABLE, COMPLETE, CORRECT, CURRENT, OR SUITABLE; OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIALS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FUTURESTEP NEITHER WARRANTS NOR REPRESENTS THAT YOU WILL RECEIVE A CAREER OPPORTUNITY AS A RESULT OF YOUR FUTURESTEP MEMBERSHIP, FUTURESTEP SERVICES, OR YOUR USE OF THIS SITE.
FUTURESTEP ALSO MAKES NO REPRESENTATION THAT MATERIALS AT THIS SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL JURISDICTIONS. YOU ARE SOLELY RESPONSIBLE FOR READING AND COMPLYING WITH ALL NOTICES, INSTRUCTIONS, RULES, AND RESTRICTIONS WHEREVER THEY ARE POSTED ON THIS SITE, AND FOR COMPLYING WITH ALL APPLICABLE LAWS, STATUTES, REGULATIONS, OR ORDINANCES, WHETHER IN THE U.S., YOUR JURISDICTION, OR ELSEWHERE.
6- LIMITATION OF LIABILITY
SUBJECT TO SECTION 7, IN NO EVENT SHALL FUTURESTEP OR ANY OF ITS AFFILIATES, LICENSORS, OR BUSINESS PARTNERS, OR ANY OF THEIR RESPECTIVE PERSONNEL, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, OR ANY LOSS OR DAMAGE FOR BUSINESS INTERRUPTION, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR LOSS OR INJURY TO REVENUE, PROFITS, BUSINESS OPPORTUNITY, BUSINESS PERFORMANCE, REPUTATION, GOOD WILL, OR DATA), ARISING OUT OF OR RELATING TO THIS AGREEMENT, THIS SITE (INCLUDING ANY WEB SITES, CONTENT, FEATURES, AND SERVICES AVAILABLE OR ACCESSIBLE THROUGH THIS SITE), FUTURESTEP SERVICES, OR THE PERFORMANCE OR NONPERFORMANCE OF ANY FUTURESTEP CLIENT OR OTHER THIRD PARTY, EVEN IF FUTURESTEP OR ANY OF ITS AFFILIATES, LICENSORS, OR BUSINESS PARTNERS, OR ANY OF THEIR RESPECTIVE PERSONNEL, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT SHALL LIMIT THE LIABILITY OF FUTURESTEP TO YOU FOR ANY DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OF FUTURESTEP.
7- TERMS IMPLIED BY LAW
WHERE ANY LAW IMPLIES ANY TERM INTO THIS AGREEMENT AND THAT LAW PROHIBITS PROVISIONS UNDER A CONTRACT THAT EXCLUDE OR MODIFY THE OPERATION OF SUCH TERM, THE TERM IS DEEMED TO BE INCLUDED IN THIS AGREEMENT. HOWEVER, FUTURESTEPS LIABILITY FOR BREACH OF SUCH TERMS WILL BE, IF PERMITTED BY LAW, LIMITED TO ONE OF THE FOLLOWING REMEDIES (AT FUTURESTEPS OPTION): THE RESUPPLY OF THE SERVICES OR THE PAYMENT OF THE COST OF RESUPPLYING THE SERVICES.
You agree to indemnify and hold harmless Futurestep (including its affiliates), licensors, and business partners, as well as any of their respective personnel, from any claims, liabilities, losses, damages, costs, and expenses (including but not limited to attorneys fees) arising out of (a) Your inappropriate or unlawful use of this Site or Futurestep Services; (b) Your breach of this Agreement; or (c) Your Content.
This Agreement shall be governed by the laws of the United States of America and of the State of California applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Los Angeles County, California will be the non-exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement, but Futurestep retains the right to bring proceedings in any other court of competent jurisdiction. Any cause of action of Member with respect to this Site, Futurestep Services, or this Agreement must be instituted within one (1) year after the facts giving rise to the claim or cause of action were (or should have been) known or else such claim will be barred. Member agrees that this Agreement is set forth in the English language for the mutual convenience and benefit of the parties.
10- Term and Termination.
Except as expressly provided otherwise, all notices required by this Agreement shall be given: (a) to Futurestep, via email to email@example.com or in writing by hard copy to the Futurestep address designated above; and (b) to Member, via Your most recent email address, postal address, or telephone number of record on file with Futurestep or via posting on this Site. Any email notice shall be deemed to be given twenty-four (24) hours after the email is sent unless the sending party is notified that the email address is invalid or the message is otherwise returned as undeliverable. Notice given in writing in hard copy may be delivered by hand, by overnight courier, by facsimile with confirmation of receipt, or by certified or registered mail, postage prepaid, return receipt requested.
This Agreement constitutes the entire and exclusive agreement between You and Futurestep and, except as expressly set forth in this Agreement, supersedes all other agreements whether written or oral regarding the subject matter hereof. This Agreement may only be amended as set forth in Section 4; any other amendment must be in writing and signed by both parties. If any term of this Agreement is declared invalid, illegal, or unenforceable by a court of competent jurisdiction, it shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. The section headings in this Agreement are for ease of reference only and shall not be considered to be part of this Agreement. Sections 2, 5, 6, 7, 8, 9, 10, and 12 shall survive termination of the Agreement for any reason. The parties are independent contractors, and nothing stated in this Agreement shall be deemed to create any agency, partnership, fiduciary, joint venturer, employer-employee, or franchisor-franchisee relationship. Futurestep may, in its sole discretion, choose to enforce or not enforce any or all terms of this Agreement, but in no event shall Futurestep be required to explain, comment on, suffer liability for, or forfeit any right or discretion based on Futuresteps enforcement or nonenforcement or Futuresteps consistency or inconsistency in enforcing any of these terms.