Terms of Service

1. Introduction; Your Agreement to these Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to FTM Now (“The Site” or “We” or “Us”)!

When using the FTM Now, you will be subject to any and all rules that are posted on the website, made available to you, or disclosed to you in connection with specific services and features.

The Terms of Service apply whether you are a user that registers an account with FTM Now or an unregistered (anonymous) user. You agree that by clicking “Register” or otherwise registering, accessing, or using the FTM Now, you are entering into a legally binding agreement between you and FTM Now regarding your use of the the site. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any part of FTM Now.

2. Use of FTM Now by Minors and Blocked Persons

FTM Now is not available to persons under the age of 13. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.

FTM Now is also not available to any users previously removed from the site or to any persons barred from receiving them under the laws of the Canada or applicable laws in any other jurisdiction.

BY USING FTM NOW, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM ACCESSING FTM NOW.

3. Privacy Notice

Your privacy is important to us. Your information will never be sold or given to any third-party for any purpose other than as required by law.

4. Account

a. Account and Password

In order to open an account, you will be asked to provide us with certain information such as an account name and password.

You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer. If you permit others to use your account credentials, you agree to these Terms of Service on behalf of all other persons who use the site under your account or password, and you are responsible for all activities that occur under your account or password. Please make sure the information you provide to FTM Now upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.

b. Third-Party Accounts

FTM Now does not allow third-party use of your account or access to the site. Registering on behalf of another person is against our Terms of Service.

5. Use of Devices and Services

Access to FTM Now may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the site.

6. Modification of these Terms of Service

FTM Now may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of the site after the effective date of the revised Terms of Service constitutes your acceptance of the terms.

7. License

FTM Now is privately owned and operated. Unless otherwise indicated, all content, information, and other materials on FTM Now (excluding User Submitted Content, set out in Section 8 below), including, without limitation, FTM Now's trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code unless open source), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of FTM Now. Unless otherwise expressly stated in writing by FTM Now, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the site for your personal use only.

FTM Now reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the FTM Now site or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the FTM Site or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the FTM Now site, the Materials, or any information contained in them, except as expressly permitted on FTM Now; or (f) any use of the FTM Now site or the Materials except for their intended purposes. Any use of the FTM Now site or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of FTM Now, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. We can terminate this license as set out in Section 14.

8. User Content

FTM Now allows you to post written and visual content; to use services, such as chat, bulletin boards, forum postings, wiki contributions, and voice interactive services; and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code, or other data or materials on the FTM Now site (“User Content”).

a. License to FTM Now

Unless otherwise agreed to in a written agreement between you and FTM Now that was signed by an authorized representative of the site, if you submit, transmit, display, perform, post, or store User Content using the FTM Now, you grant FTM Now,to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify or otherwise edit, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of the FTM Now site (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that the site is allowed to use them to the extent indicated in these Terms of Service.

b. User Content Representations and Warranties

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) any confidential information of FTM Now or third parties. We reserve all rights and remedies against any users who breach these representations and warranties.

c. Content is Uploaded at Your Own Risk

FTM Now uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, we do not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that FTM Now shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against FTM Now for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY FTM NOW HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

d. Endorsements/Testimonials/Reviews

You agree that your User Content including endorsements, testimonials, reviews or other feedback of any Third-Party products,companies, non-profit organizations or services are freely given and that you have not been paid or otherwise compensated for said endorsement, testimonial or review. If you are a representative of a Third-Party and are legally capable of representing said organization, you must indicate in any submitted User Content related to the said Third-Party that you are officially representing the Third-Party.

e. Political Activity

Subject to these Terms of Service and the Community Guidelines, you may share political opinions; participate in political activity; provide links to a political committee’s official website, including the contribution page of a political committee; and solicit viewers to make contributions directly to a political committee. You agree, however, that these activities are entirely your own. Moreover, by engaging in these activities, you represent and warrant that you are eligible to engage in them under applicable law, and that you will abide by all relevant laws and regulations while doing so.

9. Prohibited Conduct

YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on FTM Now.

You agree that you will comply with these Terms of Service and the site guidelines and will not:

i. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;

ii. impersonate any person or entity; falsely claim an affiliation with any person or entity; access FTM Now accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the site; or perform any other similar fraudulent activity;

iii. send junk mail or spam to users of FTM Now, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;

iv. harvest or collect email addresses or other contact information of other users from the site;

v. defame, harass, abuse, threaten, or defraud users of FTM Now, or collect or attempt to collect, personal information about users or third parties without their consent;

vi. delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of FTM Now or User Content, (b) features that prevent or restrict use or copying of any content accessible through FTM Now, (c) features that enforce limitations on the use of the site or User Content, or (d) the copyright or other proprietary rights notices on FTM Now or User Content;

vii. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of FTM Now or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;

viii. modify, adapt, translate, or create derivative works based upon FTM Now or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

ix. interfere with or damage the operation of FTM Now or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

x. relay email from a third party’s mail servers without the permission of that third party;

xi. access any website, server, software application, or other computer resource owned, used, and/or licensed by FTM Now, including but not limited to the FTM Now site, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures FTM Now may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by FTM Now, including but not limited to the site;

xii. manipulate identifiers in order to disguise the origin of any User Content transmitted through FTM Now;

xiii. interfere with or disrupt the FTM Now site or servers or networks connected to FTM Now, or disobey any requirements, procedures, policies, or regulations of networks connected to the site; use FTM Now in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the site, or that could damage, disable, overburden, or impair the functioning of FTM Now in any manner;

xiv. use or attempt to use another user’s account without authorization from that user and FTM Now;

xv. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the site that you are not authorized to access;

xvi. attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and

xvii. use FTM Now for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.

To the extent permitted by applicable law, FTM Now takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the site. Your use of FTM Now is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the site will not contain any content that is prohibited by such rules.

FTM Now is not liable for any statements or representations included in User Content. We do not endorse any User Content, opinion, recommendation, or advice expressed therein, and FTM Now expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, we reserve the right to remove, screen, or edit any User Content posted or stored on FTM Now at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on FTM Now at your sole cost and expense. Any use of the site in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the site.

10. Respecting Copyright

FTM Now respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are the copyright owner or agent thereof and believe that content posted on FTM Now infringes upon your copyright, please notify FTM Now with details and proof of copyright ownership.

11. Trademarks

FTM Now, the FTM Now logos, and any other product or service name, logo, or slogan used by FTM Now, and the look and feel of the site, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of FTM Now, and may not be used in whole or in part in connection with any product or service that is not ours, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits FTM Now, without our prior written permission.

All other trademarks referenced on the site are the property of their respective owners. Reference on the site to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.

12. Third-Party Content

In addition to the User Content, FTM Now may provide other third-party content on the site (collectively, the “Third-Party Content”). FTM Now does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third-Party Content, update, or monitor it. Therefore we are not responsible for any Third-Party Content on the site.

You are responsible for deciding if you want to access or use third-party websites or applications that link from FTM Now (the “Reference Sites”). We do not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through FTM Now are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

13. Idea Submission

By submitting ideas, suggestions, documents, and/or proposals (the “Submissions”) to FTM Now or its employees, you acknowledge and agree that we shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.

14. Termination

To the fullest extent permitted by applicable law, FTM Now reserves the right, without notice and in our sole discretion, to terminate your license to use the site (including to post User Content) and to block or prevent your future access to and use of FTM Now, including where we reasonably consider that: (a) your use of the site violates these Terms of Service or applicable law; (b) you fraudulently use or misuse FTM Now; or (c) we are unable to continue providing FTM Now to you due to technical or legitimate business reasons. Our right to terminate your license includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions through Patreon or other support programs. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) FTM Now, (ii) any term of these Terms of Service, (iii) any policy or practice of FTM Now in operating the site or (iv) any content or information transmitted through FTM Now, is to terminate your account and to discontinue use of any and all parts of the site.

15. Disputes

a. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless FTM Now, its affiliated companies, and each of our respective contractors, employees, officers, directors, agents,  third-party suppliers, licensors, and partners (individually and collectively, the “FTM Now Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the site, any User Content you post, store, or otherwise transmit in or through FTM Now, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the FTM Now Parties of any third-party claim, and we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FTM Now, and you agree to cooperate with our defense of these claims. FTM Now will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

b. Disclaimers; No Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) FTM NOW AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY FTM NOW; (B) THE FTM NOW PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) FTM NOW DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) FTM NOW IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE FTM NOW ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, FTM NOW CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FTM NOW OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

c. Limitation of Liability and Damages

i. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL FTM NOW OR THE FTM NOW PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM FTM NOW, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO FTM NOW'S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FTM NOW, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, FTM NOW SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.

ii. Reference Sites

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN FTM NOW AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY REFERENCE SITES.

iii. Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT FTM NOW HAS OFFERED THE SITE, USER CONTENT, MATERIALS, AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FTM NOW, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FTM NOW. FTM NOW WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

d. Applicable Law and Venue

(i) To the fullest extent permitted by applicable law, you and FTM Now agree that if you are a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies:

PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH FTM NOW AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FTM NOW.

You and FTM Now agree to arbitrate any dispute arising from these Terms of Service or your use of the site, except that you and FTM Now are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and FTM Now agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to FTM Now shall be sent to: admin@FTMNow.com. You and FTM Now further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Victoria British Columbia Canada; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the provincial or federal courts in British Columbia have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the Province of British Columbia and applicable Canada law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and FTM Now will not commence against the other a class action, class arbitration, or other representative action or proceeding.

(ii) If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then any disputes, claims, or causes of action arising out of or in connection with these Terms of Service will be governed by and construed under the laws of your jurisdiction of residence, and shall be resolved by competent civil courts within your jurisdiction of residence.

e. Claims

YOU AND FTM Now AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. Miscellaneous

a. Waiver

If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.

b. Severability

If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

c. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FTM Now without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.

d. Survival

Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 8, 11, 12, and 15-17.

e. Entire Agreement

The Terms of Service is the entire agreement between you and FTM Now relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Service made by FTM Now as set forth in Section 6 above.