Terms of Use
Welcome to FutureState Counsel! These Terms of Use (“Terms”) govern your access to and use of the services provided by FutureState Counsel LLC ("FutureState Counsel") through this website (the “Site”), mobile applications, and other online platforms (collectively, the “Services”). By using the Site or the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Site or the Services.
1. Scope of Services
FutureState Counsel provides Human Resources (HR) and legal services including, but not limited to, advice, counsel, representation, and document preparation and review, subject to the terms and conditions set forth in these Terms.
2. No Legal Advice
Information provided on the Site or through the Services is for general informational purposes only and should not be construed as and do not constitute legal advice. You should not act or refrain from acting based on any information provided on the Site or through the Services without seeking legal counsel from a qualified lawyer.
3. No Attorney-Client Relationship
Using the Site or the Services does not create an attorney-client relationship between you and FutureState Counsel unless explicitly agreed to in writing. Communications through the Site or the Services are not considered confidential or privileged communications and may be disclosed to third parties.
4. Privacy Policy
FutureState Counsel’s Privacy Policy governs the collection, use, and disclosure of your personal information. By using the Site or the Services, you consent to the terms of the Privacy Policy.
5. Intellectual Property
All content included on the Site and as part of the Services, such as text, graphics, logos, images, and software, as well as the compilation thereof, is the property of FutureState Counsel or its licensors and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and that you will not make any changes to such content.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Your use of the Site does not entitle you to make any unauthorized use of any protected content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of FutureState Counsel and the copyright owner. You agree that you do not acquire any ownership rights in any protected content.
6. Limitation of Liability
To the maximum extent permitted by law, FutureState Counsel shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in any way connected with your use of the Site or the Services, the delay or inability to use the Site or the Services, the provision or failure to provide the Services, or otherwise. If you are dissatisfied with any portion of the Site or the Services, your sole and exclusive remedy is to discontinue using the Site and the Services.
7. Warranty Disclaimers
The Site, its content, materials, and its links are provided on an “as is” basis without any warranties of any kind, whether express or implied or statutory, and are used only at your sole risk, to the fullest extent permissible by law. FutureState Counsel disclaims all warranties of any kind regarding the Site and the Services (including their content, materials, hardware, software and links), to the fullest extent permissible by law.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions.
9. Dispute Resolution
With respect to any and all disputes arising from or in connection with the Site, the Services or these Terms (including without limitation the Privacy Policy), FutureState Counsel and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another to achieve a mutually satisfactory resolution. Except as specifically provided in a written agreement between FutureState Counsel and you that supersedes these Terms, FutureState Counsel and you agree that any dispute or controversy arising out of, relating to or in connection with the Site or the Services shall be submitted to binding arbitration to be held in Atlanta, Georgia, in accordance with the rules of the American Arbitration Association. A single arbitrator will make a determination and render an award within thirty (30) days of the close of evidence in such arbitration proceeding but will have no authority to award costs or punitive damages unless the parties so agree in writing. FutureState Counsel and you waive the right to jury trial and agree that the arbitration award will be final and binding and that judgment will be entered thereon in any court of competent jurisdiction. Notwithstanding the foregoing, any party may seek immediate judicial intervention to prevent any unauthorized use or disclosure of the confidential or proprietary information of the party bringing any such action. The failure of FutureState Counsel to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision.
10. Class Action Waiver
Any arbitration under these Terms will take place on an individual basis and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each party’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless FutureState Counsel and you agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective and/or representative proceeding.
11. Modifications
FutureState Counsel may, at any time, in its sole discretion, revise or otherwise update these Terms without prior notice. Your use of the Site or the Services after such modifications constitutes your acceptance of and agreement to be bound by the modified Terms. If any term or provision of these Terms shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions herein or the whole of these Terms, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and FutureState Counsel shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms.
12. Contact Us
If you have any questions about these Terms, please contact us at tom@futurestatecounsel.com.
Effective as of June 28, 2024
