Terms And Conditions

Agreement between User and http://www.staging.markofexcellencering.com/

Welcome to https://www.staging.markofexcellencering.com/.  The https://www.staging.markofexcellencering.com/ website (the “Site“)is comprised of various web pages operated by FutureTouch, Creations (FutureTouch, LLC).  https://www.staging.markofexcellencering.com/ is offered to you condition on your acceptance without modification to the terms, conditions, and notice is contained herein (the “Terms“).  Your use of https://www.staging.markofexcellencering.com/ constitutes your agreement to all such terms. Please read these terms carefully, and keep a copy of them for your reference.

https://www.staging.markofexcellencering.com/ is an E-Commerce Site.

Our desire is to set a new benchmark in Fine Art Jewelry you can wear.  We have a unique approach to designing and creating works of art which is scaled to size and made exclusive for you by Malcolm Craig Dumas and FutureTouch, Creations Studio.

Privacy
Your use of https://www.staging.markofexcellencering.com/ is subject to FutureTouch, LLC Privacy Policy.  Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications
Visiting https://www.staging.markofexcellencering.com/ or sending emails to FutureTouch, LLC, constitutes electronic communications.  You consent to receive electronic communications and you agree that all agreements, notices and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that is such communications be in writing.

Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account any other person or entity. You acknowledge that FutureTouch, LLC is not responsible for third-party access to your account that results from theft or misappropriations of your account. FutureTouch, LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen
FutureTouch, LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.  If you are under the age of eighteen (18), you may use https://www.staging.markofexcellencering.com/ only with permission of a parent or guardian.

Cancellation/Refund Policy
The client’s chosen work of Fine Art Jewelry, is by commission of Malcolm Craig Dumas and/or FutureTouch, Creations studio.  The finished piece is created for the client by commission by their instructions.  Licensed Patented Creations cannot be returned unless a manufacturing mistake is made by fault of the manufacture (Malcolm Craig Dumas and/or FutureTouch, Creations studio).

Links to Third Party Sites/Third Party Services
https://www.staging.markofexcellencering.com/ may contain links to other websites (“Linked Sites”).  The Linked Sites are not under the control of FutureTouch, LLC and FutureTouch, LLC is not is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Link Site, or any changes or updates to a Linked Site.  FutureTouch, LLC is providing these links to you only as a convenience, and the inclusion of any linked does not imply endorsement by FutureTouch, LLC of the site or any association with its operators.

Certain services made available via https://www.staging.markofexcellencering.com/ are delivered by third-party sites and organizations.  By using any product or service or functionality originating from https://www.staging.markofexcellencering.com/ domain, you hereby acknowledge and consent that FutureTouch, LLC may share such information and data with any third party with FutureTouch, LLC has a contractual relationship with to provide the requested product, service or functionality on behalf of https://www.staging.markofexcellencering.com/ users and customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.staging.markofexcellencering.com/strictly in accordance with the terms of use.  As a condition of your use of the Site, you will warrant to FutureTouch, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these terms.  You may not use the Site in any manner which could damage, disabled, overburden, or impair the Site or interfere with any other party use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means by not intentionally made available or provided for through the Site.

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 contents, in whole or in part, found on the Site.  FutureTouch, LLC content is not for resale.  Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attributions notices in any content. You will use protected content solely for your personal use, and we’ll make no other use of the content without the express written permission of FutureTouch, LLC and the copyright owner. You agree that you do not require any ownership rights in any protected content. We do not Grant you any licensed this, Express or implied, to the intellectual property of FutureTouch, LLC or our licensors except as expressly authorized by these terms.

Use of Communication Services
The site may contain bulletin board services, chat areas, newsgroups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).  You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.  By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abused, harass, stock, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights there too or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication service specifically allows you such messages; conduct or forward surveys, contest, pyramid schemes or chain letters; download any file posted by another user of a Communication service that you know, or reasonably should know, cannot be legally distribute in such manner; falsify or delete any author attributions, legal or other proper notices or preparatory designations or labels of the original or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Service; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.

FutureTouch, LLC has no obligation to monitor the communications Services. However, FutureTouch, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FutureTouch, LLC reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever.

FutureTouch, LLC reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FutureTouch, LLC sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FutureTouch, LLC does not control or endorse the content, messages or information found in any communication service and, therefore, FutureTouch, LLC specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any Communication Service. Managers and host are not authorized FutureTouch, LLC spokespersons, and their view do not necessarily reflect those of FutureTouch, LLC.

Materials upload it to a Communication Service may be subject to posted limitations on usage, reproduction and / or dissemination. You are responsible for it hearing to such limitations if you upload the materials.

Materials Provided to https://www.staging.markofexcellencering.com/or post it to any FutureTouch, LLC web page
FutureTouch, LLC does not claim ownership of the material you provide to https://www.staging.markofexcellencering.com/ (including feedback and suggestions) or post, upload, input or submit to any FutureTouch, LLC site or other associated services (collectively “Submissions”).  However, by posting, uploading, inputting, providing or submitting your Submission you are granting FutureTouch, LLC, or affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their internet business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicity perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein.  FutureTouch, LLC, is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FutureTouch, LLC sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts
You will be able to connect your FutureTouch, LLC account to third-party accounts. by connecting your FutureTouch, LLC account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites).  If you do not want information about you to be shared in this manner, do not use this feature.

International Users
The service is control, operated and administered by FutureTouch, LLC from our offices within the USA.  If you access a Service from a location outside the USA, you are responsible for compliance with all local laws.  You agree that you will not use the FutureTouch, LLC Content assessed through https://www.staging.markofexcellencering.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless FutureTouch, LLC, its officers, directors, employees, agents and third parties, for any losses, cost, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third-party, or your violation of any applicable laws, rules or regulations.  FutureTouch, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FutureTouch, LLC in asserting any available defense.

Class Action Wavier
Any arbitration under these terms and conditions will take place on an individual basis; class arbitrations and clash/Representative/collective actions are not permitted.  THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH HAS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUNITIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.  Further, unless both of you and FutureTouch, LLC agree otherwise, the arbitrator may not consolidate more than one person’s claim, and may not otherwise preside over any form of Representative or class action proceeding.

Liability Disclaimer
THE INFORMATION,SOFTWARE, PRODUCTS, AND SERVICES INCLUDE IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HERE IN. FUTURETOUCH, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

FUTURETOUCH, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.  TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  FUTURETOUCH, LLC AND/OR ITS SUPPLIERS HERE BY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NO EVENT SHALL FUTURETOUCH, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, RISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WEATHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FUTURETOUCH, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction
FutureTouch, LLC reserve the right, in its sole discretion, to terminate your access to the site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in August music rising out of or relating to the use of the site. use of the site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this section.

You agree that new joint venture, partnership, employment, or agency relationship exists between you and FutureTouch, LLC as a result of this agreement or use of this Site.  FutureTouch, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FutureTouch, LLC’s right to comply with governmental, court and law enforcement request or requirements relating to your use of the Site more information provided to or gathered by FutureTouch, LLC with respect to such use.  If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unforeseeable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FutureTouch, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FutureTouch, LLC with respect to the site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Change to Terms
FutureTouch, LLC reserve the right, in its sole discretion, to change the Terms under which https://www.staging.markofexcellencering.com/ is offered. The most current version of the terms will supersede all previous versions. FutureTouch, LLC encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
FutureTouch, LLC welcomes your questions or comments regarding the terms:

MARKOFEXCELLENCERING.COM
FutureTouch, LLC
10431 La Mirage
Tampa, Fl 33615
Contact eMail Address: customerservice@markofexcellencering.com
Telephone # (813) 240-6706

Effective as of: May 21st, 2020