Terms of service

Last updated: July 24, 2024

OVERVIEW

This website is operated by Futuretree LLC dba Beeb’s, a New York limited liability company (“Company”, “we”, “us” and “our”). These Terms of Service, with any documents or website links they expressly incorporate by reference (collectively, these “Terms” or this “Terms of Service”), govern your use of our website at beebsgoods.com (the “Site”), including all information, tools, products, websites media, features, content, products, events, contests, promotions, and services facilitated through the Site, and their associated platforms, including any improvements, developments, or modifications thereto (collectively, the “Services”) which are available to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site and/ or purchasing something from us, you engage in our Services and agree to be bound by these Terms. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Site as they constitute a legal agreement between you and Company. If you do not agree to these Terms, then you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Company may immediately withdraw, discontinue, amend, or terminate your use of any Services or any portion thereof, at any time for any reason, at its sole discretion without notice.

PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH COMPANY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time. We will use reasonable efforts to notify you of our termination of your access to the Services, where in our sole discretion, failure to do so would materially prejudice you. You agree that Company will not be liable to you or any third party as a result of our termination of your right to use or otherwise access the Services.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our Site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the Site. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: https://beebsgoods.com/policies/refund-policy. Unless otherwise agreed by Company in a separate written agreement with you, the products or Services are made available solely for your personal, noncommercial use.

Subject to your compliance with these terms, Company grants you a limited, non-exclusive, personal, non-commercial, non-sublicensable, revocable, non-transferable license to access and use the Services for their intended purposes. Any rights not expressly granted herein are reserved by Company, its affiliates, and its licensors.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. You are solely responsible for obtaining the Internet or data network access necessary to use the Services and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or device or that use of the Services will be uninterrupted or free from delays or malfunctions.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this Site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING

Orders for products offered on the Site are facilitated through Amazon (www.amazon.com). We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Amazon customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store through amazon.com. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: https://beebsgoods.com/policies/refund-policy

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).We may also, in the future, offer new Services and/or features through the Site (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Any purchases you make through third-party websites will be governed by the terms and conditions of the applicable website provider, and Company takes no responsibility whatsoever in relation to such purchases. You acknowledge that Company does not endorse the products or services offered on third-party websites and you shall hold Company and its affiliates harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold Company and its affiliates harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10: ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

By using the Services, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirements that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of electronic records, or to payments or the granting of credits by any means other than electronic means.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://beebsgoods.com/policies/privacy-policy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - CONTENT AND INTELLECTUAL PROPERTY

Ownership

You hereby acknowledge that the Services, and all content, logos, designs, trade dress, trademarks, slogans, features, and functionality therein, all information, inventions, algorithms, source code, computer software, methods, text, displays, images, video and audio, and the design, implementation, selection, and arrangement thereof (collectively “Company IP”), are owned by Company, its affiliates, or licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Accordingly, you agree not to: (i) reproduce, reformat, distribute, modify, create derivative works of, publicly display, publicly perform, promote, publish, download, store, license, sublicense, or transmit any Company IP except as allowed by law or as necessary to use the Services for their intended purposes in compliance with these Terms, (ii) attempt to decompile, reverse engineer, or read-out any Company IP, (iii) or delete or alter any copyright, trademark or other proprietary rights notices from any Company IP.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Company IP in breach of these Terms, your right to use the Services will cease immediately and you must return or destroy any copies you have made.

All other names, logos, designs, and slogans displayed on the Services are the trademarks of their respective owners.

Except for the limited license granted herein, neither these Terms nor your use of the Services convey or grant to you any right, title, or interest: (i) to any Company IP in or related to the Services or (ii) to use or reference in any manner Company's names, logos, product and service names, trademarks, or services marks or those of Company's licensors.

All rights not expressly granted are reserved by Company.

Infringement Policy

Company respects the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright, trademark, or other proprietary right you own or control, please immediately notify us using the contact information provided at the end of these Terms (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

Company will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.

To be effective, the Notification must be in writing and contain the following information:

Physical or electronic signature of a person authorized to act on behalf of the owner(s) of an exclusive right that is allegedly infringed; Identification of the copyrighted work or other proprietary material claimed to have been infringed, or, if multiple works or materials are alleged to have been infringed, a representative list of such works; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the owner of such material, or its agent or the law; A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The DMCA requires that notifications of claimed copyright infringement be sent to:

IP INFRINGEMENT AGENT
hello@futuretree.us

THE DMCA AGENT SHOULD BE CONTACTED ONLY FOR THE PURPOSE OF NOTIFYING THE DMCA AGENT THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THE SITE.

ANY REQUEST, INQUIRY, OR COMMUNICATION SENT TO THE DMCA AGENT FOR ANY OTHER PURPOSE WILL NOT BE RESPONDED TO.

Your Content

Any content you submit, upload, add, publish, or post to the Services, including your name, email address, photos, videos, and other information you make public through the Services (“Your Content”) is owned by you. Your Content excludes any content, functions, operations, technology, responses, features, characters, or virtual environments made available, provided, developed, or generated by Company, including Company IP. You represent and warrant that: (i) you either are the sole and exclusive owner of Your Content or you have all rights, licenses, consents and releases necessary to grant Company the license to use Your Content as set forth above; and (ii) neither Your Content, nor your submission, uploading, publishing or otherwise making available of Your Content, nor Company’s use of Your Content as permitted herein, will infringe, misappropriate, or violate any third party's intellectual property or proprietary rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.

By using the Services, you agree that we may use Your Content to improve our Services. You hereby grant to Company a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, irrevocable, worldwide license to host, use, distribute, modify, copy, publicly perform or display, translate, create derivative works of, and otherwise exploit in any manner in all formats and distribution channels now known or hereafter developed throughout the universe. You can end your license at any time by deleting Your Content, however, any content shared with others that has not been deleted will continue to appear.

Company and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you. Company may use Your Content to provide, maintain, develop, and improve our Services including the large language models, comply with applicable law, enforce our Terms and policies, and keep our Services safe. Company may suspend your interaction with the Site at Company's sole discretion and at any time and for any reason, without notice to you. Depending on your use of the Services, you understand that Your Content may be visible to others. If you choose to make any such information publicly available, you do so at your own risk and you agree that you are solely responsible for doing so. We may remove Your Content at any time and for any reason if we determine:

You breached these Terms. We must do so to comply with the law. Your use of our Services could cause risk or harm to Company, other users, or anyone else.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to impersonate someone other than yourself; and (m) to cause any nuisance, annoyance, inconvenience or property damage to any third party. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

You acknowledge that your use of the Services is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate. Content that users submit or transmit to, through, or in connection with the Services (including any content that may have been created by users employed or contracted by Company) does not necessarily reflect the opinion of Company.

If you fail to comply with any of the foregoing restrictions, you may be denied access to or use of the Services.

SECTION 15 - GEOGRAPHIC RESTRICTIONS

Company operates in and provides Services from the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your (i) use of Company’s Services, (ii) breach of these Terms of Service or the documents they incorporate by reference, or (iii) violation of any law or the rights of a third-party.

SECTION 18 - NO JOINT VENTURE

No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms or use of the Services or Site.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 21 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 22 - ARBITRATION CLAUSE AND CLASS ACTION WAIVER

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CLAIM, DISPUTE, OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE SITE MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S (“AAA”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.

BY AGREEING TO THIS AGREEMENT, ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND THE COMPANY ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EITHER SIDE MAY HAVE AGAINST THE OTHER, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

The AAA Rules are available at www.adr.org/rules or by calling the AAA at 1-800-778-7879.

Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Company’s Services or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned. Unless you and Company agree otherwise, any arbitration hearings between you and Company will take place in New York County, New York.

If any portion of this arbitration clause is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Agreement (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this arbitration clause or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration clause; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

This arbitration agreement will survive the termination of your relationship with the Company.

SECTION 23 - GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of the State of New York, without regard to conflict of law provisions. You and Company consent to personal jurisdiction in New York courts. Any dispute with Company, or its officers, directors, employees, agents, or affiliates, arising under or in relation to this Agreement shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Company may seek such relief in any court with jurisdiction over the parties.

SECTION 24 - FORCE MAJEURE

Neither party (you or the Company) shall be held liable for inadequate performance of this Agreement to the extent caused by a condition that was beyond the parties’ reasonable control (including but not limited to a natural disaster, pandemic, governmental action, riot, or an act of war or terrorism).

SECTION 25 - NO ASSIGNMENT

You may not assign these Terms without the Company's prior written approval. The Company may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of the Company's equity, business, or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

SECTION 26 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 27 - DELAY IN ENFORCING TERMS OF SERVICE

Our failure to enforce a provision is not a waiver of our right to do so later.

SECTION 28 - CONTACT INFORMATION

Questions, feedback, and other communications about the Terms of Service or related to the Services or products offered should be sent to us at hello@futuretree.us.