Terms of Service

Effective date: 05/13/2024

Please read these Terms of Service (“Terms”) carefully before using Our Application and/or Services.

INTERPRETATION AND DEFINITIONS

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms:

  • Application means the “gener.us” Application provided by the Company and downloaded by an External User on any electronic Device.
  • Application Store means the digital distribution service operated and developed for the Application to be downloaded.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to the United States of America.
  • Future City Now (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Future City Now, located at 4827 Old National Hwy PMB 10025, Atlanta, GA 30337.
  • Device means any electronic mechanism that can access our Application and/or Services such as a computer, a cellphone or a digital tablet.
  • External User (referred to as either “an External User”, “You”, or “Your”) include all visitors, guests, who access the Company’s public Website or use the Company’s Application or any other online service, provided by the Company.
  • Support refers to assistance provided to troubleshoot technical issues related to the Application provided by the Company for use by an External User.
  • Terms of Service (also referred as "Terms") mean these Terms that form the entire agreement between You and the Company regarding the use of the Company’s Application and/or Services.
  • Third-Party Service Provider means any services or content (including data, information, products, or services) provided by a Third-Party that may be displayed, included, or made available by the Company’s Application and/or Services.

ACKNOWLEDGEMENT

These are the Terms governing the use of this Application and/or Services and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all External Users regarding the use of the Application and/or Services.

Your access to Application and use of Services is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all External Users who access or use the Application and/or Services.

By accessing or using the Application and/or Services You agree to be bound by these Terms. If You disagree with any part of these Terms access to the Application and/or Services will not be granted.

You are responsible for Your own account and the content that You create, share or access through gener.us. You must not use gener.us for any illegal, fraudulent, harmful, or offensive purposes, or to infringe the rights of others.

We do not store Your credit card information. We use a Third-Party Service Provider to process Your transactions. You are responsible for providing accurate and complete payment information and complying with Third-Party Service Provider’s Terms of Service and Privacy Policies.

You represent that You are over the age of 18. The Company does not permit those under 18 to use its Application and/or Services.

Your access to the Application and use of the Services is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company and any other policies that We may publish on Our Website or Application. Our Privacy Policy describes Our policies and procedures for the collection, use and disclosure of Your personal information when You use the Application or the Website, and tells You about Your privacy rights and how the law protects You. Please carefully read our Privacy Policy, located at [https://www.gener.us/privacy], before using Our Application and/or Services.

By clicking the “I AGREE” checkbox below, You acknowledge Your agreement to be bound by these Terms. In return, You will receive authorized access to the Company’s Application and/or Services in accordance with these Terms.

LINKS TO OTHER WEBSITES

Our Application and/or Services may contain links to third-party websites or Services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, Privacy Policies, or practices of any Third-Party Service Provider’s Websites or Services. You further acknowledge and agree that the Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Websites or Services.

We strongly encourage You to read the Terms of Service and Privacy Policies of any Third-Party Service Provider’s Websites or Services that You visit.

TERMINATION

We may modify, suspend, or terminate Your access at any time, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.

Upon termination, Your right to use the Application and/or Services will cease immediately.

INDEMNIFICATION

You agree to indemnify and hold harmless the Company, and any of Our Affiliates, successors, assigns, or licensees, together with any of their respective board members, partners, officers, directors, and employees against any damages, losses, liabilities, judgements, costs and expenses (including reasonable attorneys’ fees and costs) arising out of a claim by the Company or any third party related to Your use of Application and/or Systems, and for any claim based on Your alleged or actual breach or violation of these Terms.

LIMITATION OF LIABILITY

To provide you with access to our application and/or services, we are unable to accept liability for any conduct, acts or omissions occurring because of your use of such application and/or services. Therefore, to the maximum extent permitted by law, in no event will the company or its employees and agents be liable for any direct, indirect, incidental, special, or consequential damages, losses, or expenses (including, without limitation, lost profits, or damages arising from lost data or business interruption) arising out of or in any way connected with external users’ use of our application and/or services, whether or not the company has been advised of the possibility of such damages or from any communications, interactions or meetings with external users, on any theory of liability (including contract, tort including negligence, or howsoever otherwise) arising out of, in connection with, or resulting from our application and/or services.

“AS IS” AND “AS AVAILABLE” DISCLAIMER

The Application and/or Services are provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application and/or Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application and/or Services will meet Your requirements, achieve any intended results, be compatible or work with any other software, Application, systems or Services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application and/or Services, or the information, content, and materials or products included thereon; (ii) that the Application and/or Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application and/or Services; or (iv) that the Application and/or Services, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

GOVERNING LAW

You agree that You will not make public or announce these Terms or Your relationship or dealings with the Company. Further, You will not use the Company’s name, Trademarks, logos, or the names of current or former employees except upon the prior written consent of the Company, or its designee, in concurrence with the Company’s Partners.

DISPUTE RESOLUTION

You hereby agree that these Terms and Your use of Our Application and/or Services shall be governed in all respects by the internal substantive laws of the State of Georgia, without regard to its conflicts of law’s provisions. You hereby submit to exclusive jurisdiction and venue in the state and federal courts located in Georgia for all disputes, cases and controversies regarding Our Application and/or Services, Your use of Our Application and/or Services, and Your relationship with the Company.

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

If You have any concerns or disputes about the Application and/or Services, You agree to first try to resolve the dispute informally by contacting the Company via email: incidents@futurecitynow.com.

NOTICE TO USERS IN THE EUROPEAN UNION

Currently, our operations and customers are located primarily in the United States. These Terms do not apply to users who are in the European Union (EU) or the European Economic Area (EEA), as they are subject to different data protection laws and regulations. If you are an EU or EEA user, please do not use the gener.us Application and/or Services or provide any personal information to us.

UNITED STATES LEGAL COMPLIANCE

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

SEVERABILITY AND WAIVER

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

TRANSLATION INTERPRETATION

These Terms may have been translated if We have made them available to You while using the Application and/or Services. You agree that the original English text shall prevail in the case of a dispute.

CHANGES TO THESE TERMS

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to use the Application and/or Services after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Application and/or Services.

CONTACT US

If You have any questions about these Terms, You can contact Us by email: incidents@futurecitynow.com.

You agree to and accept these Terms and the Company’s Privacy Policy and agree to comply with all applicable laws regarding the use, access, or disclosure of data accessed while using Your Application and/or Services.

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