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Terms of Use

Welcome to www.smartertimes.com, (the "Website"). This Website is owned and operated by FutureOfCapitalism, LLC ("FutureOfCapitalism").

YOUR ACCESS AND USE OF THE WEBSITE IS SUBJECT TO THE FOLLOWING TERMS OF USE ("TERMS OF USE") AND ALL APPLICABLE LAWS. BY ACCESSING AND BROWSING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS THIS WEBSITE.

Permitted Use and Limited License: This Website is not intended for, and we have no intention of collecting personally identifiable information from, children under the age of 13. Additionally, if you are 18 or younger, you are not authorized to submit any content or information to this Website without the explicit consent of your parent or legal guardian.

Subject to these Terms of Use and any applicable fees and charges, FutureOfCapitalism hereby grants you a non-exclusive, non-transferable, limited right to access and use the Website for your personal, non-commercial use, on one computer only, to view content made available to you by FutureOfCapitalism. This Website and all of the information it contains, such as, but not limited to, articles, reviews, directories, opinions, other text, guides, photographs, illustrations, images, advertising copy, HTML coding and other computer programs and software (including source and object code) as well as the trademarks, logos, domain names, and any and all copyrightable material and/or any other form of intellectual property (collectively, the "Content") are owned by FutureOfCapitalism or other third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. You do not acquire any right, title or interest in such Content by virtue of accessing this Website or making use of the permitted uses allowed under these Terms of Use.

You may use the Content online and solely for your personal, non-commercial use, and, only where expressly permitted on the Website, you may download or print a copy of a portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in or on such Content.

Please direct any requests to use Content for any purpose other than as expressly permitted in these Terms of Use to [email protected]. If you do not receive a response to any such request you should assume that the request has been denied. In certain cases, you may be able to obtain a license to use individual stories that appear on this Website through online functionality we have specifically designated. (For example, you may be permitted to "e-mail a story to a friend" or to purchase the rights to reproduce a story for other use.) In such cases, we will tell you directly in the portion of the Content you may license or you will see a link in the Content itself.

Unauthorized Use or Access: You may not resell, distribute, sublicense, rent or otherwise transfer the Content available on this Website. You may not, for example, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration. Unless otherwise expressly authorized in these Terms of Use or on the Website, you may not modify, frame, reproduce, sell, publish, perform, cache, frame, transmit, reuse, repost and/or display any portion of the Content. Further, you may not display or link the Content with or near any content that may be considered offensive, obscene, defamatory, illegal or otherwise objectionable to FutureOfCapitalism and you agree not to use the Content for any unlawful purposes or in violation of any party's rights. Except as expressly and unambiguously set forth in these Terms of Use, nothing contained on the Website should be construed as granting, directly or indirectly, any license or right to use any Content displayed on the Website in any manner without the prior written consent of FutureOfCapitalism or such third party that may own the Content displayed on the Website. Any unauthorized use of any of the Content is strictly prohibited. Without limiting the foregoing, you agree that you will not use this Website directly or indirectly for the purpose of (i) violating any law; (ii) posting material that is profane, vulgar, defamatory, abusive, obscene, threatening, hateful or that is false or misleading; (iii) uploading or transmitting viruses, Trojan horses or other harmful, disruptive or destructive files; or (iv) using or attempting to obtain or use another's information, account, or password in any manner.

In addition, you may not: (a) use spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce, store or distribute Content available on the Website; (b) take any action to interfere with the Website or any other user's use of the Website, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the Website; (c) send unsolicited e-mail, including promotions and/or advertising of products or services, through the Website or forge or mask your true identity in any e-mail or posting; (d) frame portions of the Website within another website; or (e) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, nor insert any code or product or manipulate the Content in any way that affects any user's experience.

Subscriber Comments: You may be given the opportunity to comment in public forums located on the Website. All information and content provided by you will be displayed publicly. We are not liable or responsible to you in any way for the use of any information and/or content that you may post to such comment forums. Any user failing to comply with these Terms of Use may be expelled from and refused continued access to, the message boards, chat rooms or other public forums in the future. We may edit, remove or alter any user-created content at any time for any reason. Message boards, chat rooms and other public forums are intended to serve as discussion centers for users of the Website. Information and content posted within these public forums may be provided by our staff, outside contributors, or by users not connected with us. We expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstance will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of us or any of our subsidiaries or affiliates.

Reviews and other content: Visitors may post reviews, comments, photos, and other content, vote, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. FutureOfCapitalism reserves the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant FutureOfCapitalism a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any and all media, whether online or offline, including but not limited to, the internet and all forms of electronic media. You grant FutureOfCapitalism and all sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify FutureOfCapitalism for all claims resulting from content you supply. FutureOfCapitalism has the right but not the obligation to monitor and edit or remove any activity or content. FutureOfCapitalism takes no responsibility and assumes no liability for any content posted by you or any third party.

Digital Millennium Copyright Act ("DMCA") Notice: We are committed to complying with copyright and related laws, and we require all users of the Website to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.

If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.

Notice of Infringement of Your Rights: If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our designated agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Website;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our designated agent for notice of claims of copyright infringement can be reached as follows:

By E-Mail: [email protected]

Subject line: DMCA

Accurate Information: You may be permitted to or asked to submit information to the Website. You expressly represent to FutureOfCapitalism that you have the authority to provide FutureOfCapitalism with such information for the purposes intended and that all such information shall be accurate.

Links: For the convenience of users of this Website, one or more links to other internet websites may appear from time to time. Except as otherwise indicated, the internet websites to which links are provided in this Website are not under the control of FutureOfCapitalism. FutureOfCapitalism assumes no responsibility for the contents of any linked internet website, or for any potential damage arising out of or in connection with the use of any such link. In addition, the existence of a link between this Website and any other internet website is not and shall not be understood to be an endorsement by FutureOfCapitalism of the owner or proprietor of the linked internet website, nor an endorsement of FutureOfCapitalism by the owner or proprietor of such linked website. If any errors or inappropriate material are found on websites to which this Website is linked, FutureOfCapitalism requests that you report such to FutureOfCapitalism.

If you link to this Website, we require that you follow these guidelines. Under no circumstances may you "frame" this Website or alter its intellectual property or Content in any way. The link to this Website must not damage, dilute or tarnish the goodwill associated with any trademarks or other intellectual property of FutureOfCapitalism or its licensors, nor may the link create the impression that your web site and/or organization is sponsored by, endorsed by, affiliated and/or associated with FutureOfCapitalism. You agree that you will not link to the Website from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. FutureOfCapitalism reserves the right, in its sole discretion, to terminate a link with any Website that it deems inappropriate or inconsistent with the Website and/or these Terms of Use. FutureOfCapitalism is not responsible for the content or performance of any portion of the internet including other World Wide Web sites to which this Website may be linked or from which this Website may be accessed.

Registration for Electronic Subscriptions: All subscription or membership fees and any other charges incurred will be billed to you (and you agree to pay for the same) at the rates in effect when the charges were incurred. We may bill charges automatically to your credit card. All fees will be billed at the beginning of your subscription or membership or any renewal (or as soon thereafter as fees or charges are incurred) and are nonrefundable. Your subscription will renew automatically, unless we terminate it or you notify us by e-mail of your decision to terminate your subscription. You must cancel your subscription before it renews in order to avoid billing of fees for the renewal term to your credit card. You are responsible for all fees and charges incurred to access FutureOfCapitalism.com or Smartertimes.com through an Internet service provider or other third party service.

Security: Should you elect to purchase a subscription online or engage in other ecommerce through the Website, you may choose to provide credit card information. Credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without incident, we cannot guarantee the security on the Internet and we cannot take responsibility for the success or of transactions processed by third parties.

Submissions and Unsolicited Materials: Please note that it is a policy of FutureOfCapitalism not to accept or consider unsolicited articles, photos, proposal, ideas or other materials of any kind. FutureOfCapitalism will, and you perpetually, irrevocably license FutureOfCapitalism and agree that FutureOfCapitalism may: (i) consider any and all materials, including without limitation proposals, ideas, concepts, drafts, articles, photos or finished work product submitted through this Website or otherwise submitted ("Submissions") not to be confidential or proprietary; (ii) to be freely available for use of any kind, including, without limitation, use in advertisements and promotions and on FutureOfCapitalism.com and NewsTransparency.com and Smartertimes.com, without recognition, compensation or payment of any kind and (iii) modify, alter, display, store, distribute, publish, post, reproduce, disclose, transmit, and/or broadcast Submissions in any form, media (whether online or offline), software or technology of any kind now known or developed in the future for any purposes worldwide and in perpetuity.

Privacy: For further information about how we use information collected from you, please view our Privacy Policy.

Disclaimer: While FutureOfCapitalism makes reasonable efforts to provide accurate information and Content through this Website, FutureOfCapitalism cannot guarantee accuracy. All information and Content is used by each user at their own risk. THE WEBSITE CONTAINS FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. THE WEBSITE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS". EXCEPT AS SPECIFICALLY SET FORTH HEREIN, FUTUREOFCAPITALISM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, FUTUREOFCAPITALISM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. FUTUREOFCAPITALISM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL FUTUREOFCAPITALISM BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FUTUREOFCAPITALISM'S LIABILITY FOR ANY DIRECT DAMAGES EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME Of THE ABOVE MAY NOT APPLY TO YOU.

Indemnification: You agree to defend, hold harmless and indemnify FutureOfCapitalism and its business partners and affiliates, and their respective employees and agents, against and from any and all third party claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorney's fees and costs), arising out of or in any way connected with: (i) any breach by you of these Terms of Use; (ii) any claim based upon your ultimate use of the Content or services available on this Website in any unauthorized manner and (iii) any content or materials submitted by you.

Changes: All information posted on the Website is subject to change without notice. In addition, these Terms of Use may be changed at any time without prior notice. We will make such changes by posting them here. You should check this page for such changes frequently. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.

Severability: If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

Waiver; Remedies: The failure of FutureOfCapitalism to partially or fully exercise any rights or the waiver of FutureOfCapitalism of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by FutureOfCapitalism or be deemed a waiver by FutureOfCapitalism of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of FutureOfCapitalism under these Terms of Use and any other applicable agreement between you and FutureOfCapitalism shall be cumulative, and the exercise of any such right or remedy shall not limit FutureOfCapitalism's right to exercise any other right or remedy.

Governing Law and General Terms: The laws of the State of New York shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN KINGS COUNTY, NEW YORK. To the fullest extent permitted by applicable law, you agree that no legal actions under this Agreement shall be joined to an action involving any other current or former Website user, whether through class action proceedings or otherwise. By using this Website, you agree to be bound by these Term of Use, and to the extent that any or all terms of these Terms of Use are inconsistent with any agreement you may have previously entered into and/or signed with FutureOfCapitalism, you acknowledge and agree that the terms of these Terms of Use shall supersede such other agreement and prevail. You agree that any cause of action arising out of or related to this Website must commence within one (1) year after the cause of action arose or it is permanently barred. Because some jurisdictions do not permit such time bars, this limitation may not apply to you.

Contact Us: Should you have any questions regarding these Terms of Use you may contact us at [email protected], at 718 499 2199, or at 553 8th St 1R, Brooklyn NY 11215.

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