Terms of Use

1. Introduction
   1. Welcome to FutureFeed! We are honored that you have chosen Our platform to help you maintain and govern your cybersecurity and IT programs. We hope you find the FutureFeed platform to be beneficial.
   2. Please read these Terms of Use (“Terms”) carefully as they are a binding agreement between You and Continuous Compliance, LLC dba FutureFeed (the “Company”, “We”, “Us”, or “Our”). For the purposes of these Terms, “You” and “Your” means the individual accessing or using, as well as the organization(s) which the individual represents, any of the websites or other services owned or controlled by Us.
   3. These Terms govern Your use of the Websites and products/Services that link to these Terms. If you would like an overview of the relationship between these Terms and our other documents, please see our Legal page. In these Terms, the word “Sites” refers to each of these Websites and the Services offered on those Sites. You automatically, implicitly agree to the then-current version of these Terms and Our Privacy Policy each time you use or log into the Sites.
   4. Please note that We offer a variety of products and Services, including the FutureFeed platform. Additional terms regarding Your use of Our products and Services are provided by the Company pursuant to a separate, manually or digitally executed agreement (e.g., the Subscription Agreement for the FutureFeed platform - please see our Legal page for more information). Those additional terms become part of your agreement with Us if you use the Services, log into or access the Sites, or take advantage of the various products.
   5. Capitalized words in these Terms have the meanings defined in the Definitions page and as defined herein, including any definitions below. In the event of a conflict between a definition on the Definitions page and these Terms, the definitions provided in these Terms shall control for these Terms.
2. Changes to Terms
   1. We may change these Terms by publishing an updated version, and such updates will be effective upon their publication.
3. Modifications and Termination
   1. We reserve the right to modify Our Sites at any time, with or without notice to you.
   2. We also reserve the right to charge a fee for any of Our features at any time, and to condition, limit, suspend, delay, deny or terminate access to or use of the Sites or any related Content, component, or functionality with or without notice at any time and for any reason. If we begin charging a fee for a previously free feature, you will not be required to pay any such fee without your express authorization; however, you will also not be able to access that feature unless you pay the corresponding fee.
   3. Any new content, component, function, upgrade, or enhancement added or made to the Sites will also be subject to the terms of these Terms and the Privacy Policy when added or made. For example, We may add or remove functionality or features, and We may suspend or stop a particular feature altogether. If you don’t like any changes, you can stop using Our Sites at any time.
4. Use of Our Sites
   1. You may not use the Sites in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Sites or any features on the Sites (including any technological measures We employ to enforce these Terms). It should be common sense, so We won’t bore you with a list of things you shouldn’t do (although you can view our Acceptable Use Policy for some guidance). But if We (in Our sole discretion) determine that you have acted inappropriately, We reserve the right to take down Content, terminate your account, prohibit you from using the Sites, and take appropriate legal actions.
   2. You also may not “frame”, “mirror”, or otherwise incorporate any part of the Sites without Our express permission, nor may you copy, modify, redistribute, or create derivative works of the Sites or any of Our Intellectual Property. Similarly, automated account registration or automating functions of the Site or the Service are strictly prohibited. You must not modify or adapt the Sites or modify another Website to falsely imply that it is associated with the Site or Us. You agree not to access the Sites by any means other than through the interface provided by the Company. You acknowledge that the Sites are not intended for permanent storage and agree not to use the Service for archiving data or for back-up purposes.
   3. Using Our Site(s) does not give you ownership of any intellectual property rights to the content you access. You may not use content from Our Sites unless you obtain permission from Us or its owner, or unless you are otherwise permitted by law.
   4. When you use a Site or send communications to Us through a Site, you are communicating with Us electronically. You consent to receive electronically any communications related to your use of a Site, and You consent to Us monitoring and reviewing your use of the Site for our internal business purposes, consistent with our Privacy Policy. We may communicate with you by E-mail or by posting notices on the Site. You expressly agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Us intended for receipt by you shall be deemed delivered and effective when sent to the E-mail address you provide to us. Please note that by submitting Content, creating a user account, or otherwise providing Us with your email address, postal address, or phone number, you are agreeing that We or Our agents may contact you at that address or number in a manner consistent with Our Privacy Statement.
5. Accounts
   1. You may be required to create an account, or have an account created on your behalf, and specify a password to use certain services or features on the Sites. To create an account (or to have an account created on your behalf), you must be at least 18 years old. All account-information must be truthful and accurate information about the account holder. Do not try to impersonate anyone else or misrepresent your affiliation with an individual or business when you create your account. If your information changes at any time, please update your account to reflect those changes. Certain account changes may require assistance from a representative of the Company.
   2. In some cases, an account may be assigned to you by an administrator, such as your employer, a service provider, or educational institution. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Sites. Moreover, your administrator may be able to access or disable your account without Our involvement.
   3. You must use multifactor authentication (i.e., a password and a unique code generated by a special app on your mobile device) to login to the platform. You must not share your account with anyone else, and you should never give anyone else your multifactor authentication number or your password confidential. You should also try not to use the same password on other Websites. If you believe that your account has been compromised at any time, please notify Us immediately using the support icon on the Site.
6. Community
   1. If You subscribe to the FutureFeed platform or other Services, you may be granted access to the FutureFeed Community. The FutureFeed Community is a free site created for Our customers, partners, and others. It allows You to obtain feedback from and discuss a variety of topics related to cybersecurity, IT, compliance, and governance. Please be sure to read any Community Terms of Use referenced in the FutureFeed Community, as your participation in the FutureFeed Community constitutes acceptance of the then-current versions of both these Terms and the Communities Terms of Use. In the event of a conflict between these Terms of Use and any Community Terms of Use, the Community Terms of Use shall apply, but only with respect to the FutureFeed Community.
   2. Your first name and last name may be displayed on your FutureFeed Community account, and such information will be visible to other members of the FutureFeed Community. Your FutureFeed Community account is for your use only and cannot be shared or used by anyone else. You are solely responsible for maintaining the confidentiality of your FutureFeed Community username and password and are entirely responsible for any and all activities under your FutureFeed Community account. You agree to notify Us immediately of any unauthorized use or any other breach of security involving your username and password or account. We are not, and will not be, liable for any loss incurred because of any unauthorized use of a username/password or account.
   3. You acknowledge and agree that the FutureFeed Community and other similar forums are quasi-public spaces and that your participation in such communities does not create any expectation of privacy. Further, you acknowledge that any Content (defined below) you communicate in the FutureFeed Community may be seen and used by others without any compensation, attribution, to you or other limitations by you. You understand that Our staff, outside contributors, and other uses connected with the Company may participate in the FutureFeed Communities or other aspects of the Sites and may employ anonymous usernames when doing so. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER CONTENT PUBLICLY AVAILABLE IN A COMMUNITY OR OTHERWISE ON OR THROUGH THE SITES, YOU DO SO AT YOUR OWN RISK. We will use commercially reasonable efforts to ensure that any private information you share with Us internally and not on the FutureFeed Community is not made available by Us on the FutureFeed Community.
7. Content You Post
   1. We may provide opportunities for you to post text, screen captures, videos, or other content (collectively, “Content”) on the Sites. You can only post Content if you own all the rights to that Content or otherwise have the legal right to use that Content.
   2. You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, Our agents, licensees (including other users of the Sites), and assigns an irrevocable, perpetual, transferrable, sublicensable, non-exclusive right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. Without those rights, We couldn’t offer Our Services. Please note that this license continues even if you stop using Our Sites.
   3. You agree that You will indemnify and defend Company for any claim asserted by a third party against Company in a suit or action if the claim is that the Content alone, and not in combination with anything provided by the Company, infringes the copyrights or misappropriates the trade secrets of any third party or otherwise violates any law or regulation, except where the Content has been materially altered by the Company and such alterations are the source of the Claim. You will pay all losses, liabilities, and costs (including reasonable attorneys' fees) arising from any such claim. Notwithstanding the foregoing, You will not indemnify or defend Company for claims arising out of or resulting from, in whole or part, Content that Company made available to You. These Indemnity Obligations herein states your entire obligation and Company’s sole and exclusive remedy for any third-party claim against Company for infringement of Intellectual Property Rights or misappropriation of trade secrets.
   4. You agree not to use the Sites to harass others, and to not use the Sites for solicitations or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation without approval from one of Our authorized representatives.
   5. Keep in mind that if you send Us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless We tell you otherwise, We reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you, provided such information is not considered your Confidential Information that is expressly protected under a separate confidentiality or non-disclosure agreement.
8. Content Posted by Others
   1. We are not responsible for, and do not endorse, Content posted by any other person. Accordingly, We may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another user. We are responsible for content posted by Us, our agents, and Affiliates.
9. Intellectual Property
   1. If you believe any Content on the Services infringes your copyrights, you may request that remove the Content from the Services (or disable access to that Content) by submitting a support request ticket or sent to our copyright agent. Additional details can be found on our Copyright Infringement page.
   2. You can find Our Trademark and Copyright Usage Guidelines on this page.
10. Social Networks
    1. The Services may include features that operate in conjunction with certain third-party social networking Websites that you visit such as Facebook, Instagram, YouTube, Vimeo, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third-party social networking sites and the services provided through the Services is governed by the terms of service/terms of use and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service, terms of use, or other agreements.
11. Optional Data Sharing
    1. You may have the option to share your data with other users of the Sites. Such users may include, without limitation, prime contractors, service providers, Manufacturing Extension Partnerships (both local and national), the federal government, and the public. IF YOU AGREE TO SHARE ANY OF YOUR DATA WITH OTHER USERS, YOU ACKNOWLEDGE THAT YOU ARE DOING SO VOLUNTARILY AND ON A NON-CONFIDENTIAL AND GRATUITY-FREE BASIS WITHOUT ANY EXPECTATION OF PRIVACY OR CONFIDENTIALITY. WE ASSUME NO LIABILITY FOR ANY INJURY SUFFERED BY YOU RELATED TO YOUR ELECTION TO SHARE YOUR DATA WITH OTHER USERS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SHARE YOUR DATA WITH OTHER USERS.
12. Anonymized, Aggregated Data Sharing
    1. To allow for peer analysis and other such purposes, the information you post, enter, upload, or otherwise submit to the Sites may be anonymized and subsequently aggregated, analyzed, and shared with other users of the Sites. YOU EXPRESSLY AGREE THAT WE MAY USE YOUR INFORMATION IN SUCH A MANNER, provided such anonymization is not presented in such a way that interpretation of such anonymized information would reveal you as the source of subject thereof.
13. Confidentiality
    1. Definition of Confidential Information. “Confidential Information” means all information disclosed by Us to You, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, without limitation, information about Services and Content, such as information which may be viewed during a demonstration of the Services, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes. However, Our Confidential Information does not include any information that:
       1. is or becomes generally known to the public without breach of any obligation owed to Us;
       2. was known to You prior to its disclosure by Us without breach of any obligation owed to Us;
       3. is received from a third party without knowledge of any breach of any obligation owed to Us; or
       4. was independently developed by You.
    2. For the avoidance of doubt, the non-disclosure obligations set forth in this “Confidentiality” section apply to Confidential Information disclosed by Us in connection with the evaluation of additional services from the Company.
    3. Protection of Confidential Information. As between the parties, We retain all ownership rights in and to Our Confidential Information. You will use the same degree of care that You use to protect the confidentiality of Your own confidential information of like kind (but not less than reasonable care) to:
       1. not use any of Our Confidential Information for any purpose outside the scope of this Agreement, and
       2. except as otherwise authorized by Us in writing, limit access to Our Confidential Information to those of Your employees and contractors (and their affiliates) who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with You containing protections not materially less protective of the Confidential Information than those in this Agreement.
    4. Compelled Disclosure. Notwithstanding the foregoing, You may disclose Our Confidential Information only to the extent You are compelled by law to do so, provided You give Us prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at Our cost, if We wish to contest the disclosure. If You are compelled by law to disclose Our Confidential Information as part of a civil proceeding to which We are a party, and We are not contesting the disclosure, We will reimburse You for Your reasonable cost of compiling and providing secure access to that Confidential Information.
14. Warranties, Services Liability, and Other Disclaimers
    1. We provide the Services using a commercially reasonable level of care and promise to do Our best to make sure you enjoy the Services. However, there are certain things that We don’t promise about Our Services, and the following disclaimers shall survive after you finish using the Sites.
    2. We strive to provide actionable information on the Sites. Although We strive to maintain current information, ALL INFORMATION PROVIDED BY THE SITE AND THE SERVICE SHOULD BE CHECKED AGAINST ANY RECENT LEGISLATIVE, REGULATORY OR OTHER DEVELOPMENTS BY A QUALIFIED PROFESSIONAL. IN PROVIDING THE SITES, WE ARE NOT ENGAGED IN RENDERING LEGAL OR OTHER PROFESSIONAL SERVICES. YOU SHOULD SEEK THE SERVICES OF A COMPETENT PROFESSIONAL, SUCH AS A LAWYER, BEFORE RELYING ON ANY INFORMATION ON THE SITE.
    3. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF USE, NEITHER WE NOR OUR AFFILIATES, AGENTS, OR SERVICE PROVIDERS (THE “SERVICES ENTITIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE SITES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES, THE SPECIFIC FUNCTION OF THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES “AS IS”.
    4. EXCEPT WHERE PROHIBITED, THE SERVICES ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, ANY INJURY RELATED TO ACCIDENTAL DELETION OR LOSS OF DATA STORED AT THIRD-PARTY LOCATIONS SUCH AS AMAZON WEB SERVICES, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY INJURY SUFFERED BY A USER RELATED TO THE SHARING OR USE OF ANY INFORMATION.
    5. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, AND YOU EXPRESSLY DISCLAIM YOUR RIGHT TO ENFORCE THEM.
15. Export Controls
    1. All uses of the Sites are subject to export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and sanctions programs maintained by the United States Treasury Department’s Office of Foreign Assets Control. You must not export, re-export, transfer, divert or otherwise dispose of any feature or component of the Sites. You hereby represent and warrant that you are not prohibited from receiving U.S. origin products, including services or software. You are solely responsible for fulfilling any applicable governmental requirements in connection with your use of the Service.
16. Cancelation
    1. You may cancel your account at any time. However, We do not provide refunds or credits for the unused portion of any subscriptions to any of the Sites. Upon cancellation, We will terminate your account and your access to and use of the Service. Any data associated with your account will be deleted by Us, although we will provide a sixty (60) day period during which you may be permitted to back up such data. Any anonymized or aggregate data collected from you and/or your organization may remain available to Us for the purposes of industry and peer analysis.
17. Governing Law
    1. These Terms shall be construed and enforced in accordance with the laws of the State of Maryland without regard to its conflict of laws principles. Neither the Maryland Uniform Computer Information Transactions Act nor the United Nations Convention on Contracts for the International Sale of Goods shall apply to these Terms. You hereby consent to the personal jurisdiction of the courts of Maryland. The exclusive venue for any legal proceeding shall be the courts located in Baltimore City, Maryland unless the Company otherwise agrees, which consent it may withhold in its sole discretion. You waive any claim of forum non conveniens. You agree that if you bring an action in a forum other than one authorized by this paragraph, We may move to dismiss the action and you will be responsible for paying Our reasonable attorneys' fees and court costs associated with the motion. Any failure by Us to enforce any portion of these Terms shall not be a waiver of Our right to enforce that or any other portion of these Terms. This Section shall survive the termination of your use of the Sites.
18. Additional Details
    1. We may modify these Terms at any time so be sure to check back regularly. By continuing to use or log in to a Site after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you must stop using or logging in to the Sites except to the limited extent necessary, and only for the time necessary (not to exceed fourteen (14) days from the date the Terms are changed) to export your information.
    2. You agree to hold the Company harmless, and to defend and indemnify and its owners, directors, employees, contractors, representative, agents, successors and assigns from and against all losses, liabilities, costs and expenses, including, but not limited to, attorneys' fees and court costs, resulting from any claims made by any user or third party arising from or in any way related to your use of the Sites, the use by any third party of the Sites via your account, your breach of these Terms, or your failure to comply with any law or regulation (including, but not limited to, the GDPR). We reserve the right to assume exclusive defense and control of any matter subject to this indemnification provision (at your cost) and you shall fully cooperate with Us, at your sole expense, in the defense of such matter. Your indemnification obligations shall survive the termination of your use of the Sites.
    3. Your representations, warranties and obligations set forth in these Terms shall survive the termination of your use of the Sites.
    4. The Sites may contain links to third-party Websites, third-party service providers, and other resources. That doesn’t mean that We control or endorse those Websites, or any goods or services sold on those Websites. Similarly, the Sites may contain ads from third parties. We do not control or endorse any products being advertised.
    5. We may provide sample language, default answers, document templates, and other such information (collectively “Templates”) as part of the Sites. The Templates are provided for reference purposes only and you should customize the information in them to meet your specific environment. As noted above, THOSE TEMPLATES ARE PROVIDED AS IS, AND WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE TEMPLATES, THEIR SUITABILITY FOR ANY PURPOSE, OR THEIR RELIABILITY OR AVAILABLILITY.
    6. If you do not comply with these Terms, and We don’t take action right away, this doesn’t mean We’re OK with what you did. We also are not giving up any rights that We may have (such as taking action in the future).
    7. If any provision of these Terms is found to be unenforceable, such provision will be deemed to be deleted or narrowly construed to such extent as is necessary to make it enforceable, and these Terms will otherwise remain in full force and effect.
    8. These Terms may be accepted in counterparts, which together constitute one instrument.
    9. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.
    10. Your obligations, and our rights, as set forth in this Agreement shall survive termination of your use of the site.

Version 22.09b

Change Log:

22.09b - 21-SEP-2022 - Updated Section 4 to clarify user and Company rights.

22.09a - 15-SEP-2022 - Updated Section 3 to address the case where we move a previously free feature to a paid feature. Added reference to legal page in Section 1.3. Increased privacy commitment in Section 6.3. Clarified language in 7.1. Updated indemnification provision in Section 7.3. Added clarifying language to 7.4 and 8.1. Updated section 16 to allow for the possibility of a 60-day recovery of data after account termination.

22.07a - 25-JUL-2022 - Corrected broken links.

22.06a - 16-JUN-2022 - Updated to more consistently refer to Services generally, rather than individual products

22.05b - 18-MAY-2022 - Added clarification to the Anonymized, Aggregated Data Sharing section.

22.05a - 12-MAY-2022 - Added confidentiality terms and clarified what happens upon termination.

22.04b - 24-APR-2022 - Updated to include a reference to the definitions page.

22.04a - 18-APR-2022 - Updated for consistency with online versions of subscription terms, privacy policy, and other documents.

22.01a - 22-JAN-2022 - Initial HTML version published with updated terms.

1.2.0 - 27-AUG-2019 - Initial publication.