Terms of Service

AGREEMENT BETWEEN USERS AND FUTUREFUND TECHNOLOGY, LLC

Welcome to www.futurefund.com and its associated web pages (collectively these are referred to as the “Site”), a website operated by FutureFund Technology, LLC (“FutureFund” or “we” or “us”).

Use of our Site and Services (which is defined below) is conditioned on acceptance without modification of the terms, conditions, and notices contained herein (the “Terms of Service”), and by signing up and registering for an Account you are agreeing to these Terms of Service.  Please read these Terms of Service carefully, and keep a copy of them for your reference.  You can review the most current version of our Terms of Service at any time at: https://www.futurefund.com/terms_of_service.

Key Definitions

A brief note regarding the terminology used in these Terms of Service:

• “Account” means either a Customer’s Account, which is established when a Customer signs up for any of our Services, or a User’s Account, which is established when a User signs up as a User with respect to a Customer’s Application.
• “Administrators” mean the people who administer and run a Customer’s Account and manage a Customer’s Application.
• “Content” means all text, multimedia, animation, images, photographs, audio, video, and other content appearing or accessible on a Customer’s Application;
• “Customer” means the parent-teacher association (“PTA”), school, or other organization that is signing up for our Services;
• “Customer’s Application” means FutureFund’s software applications, modules, and tools subscribed for by a Customer, collectively; and
• “Users” means the parents, grandparents, and other guardians of students who, and students over the age of 18 who, attend the school associated with the applicable Customer and that have registered for a User Account

Services

FutureFund provides a cloud-based platform for administering and operating school PTAs and school fundraising campaigns, among other services.  The services provided to PTAs, school administrators and other Customers (collectively, the “Services”) include credit card processing, fundraising bookkeeping, e-commerce operations, volunteer and membership communications, organization, and record keeping, and campaign communication and marketing tools.

Customers can choose which software applications fit their needs from FutureFund’s suite of Services and individualize the Content and operation of their chosen Customer Application.  Our Services are delivered to Customers via software applications, modules, and tools, which Administrators will administer and operate on behalf of their PTAs and schools.

FutureFund is not responsible for any Content, appearance, or operation of a Customer’s Application, other than its technical performance, which is subject to these Terms of Service.  Each Customer is solely responsible and liable for all Content appearing on its Customer Application.

Registration & Account Terms

Registration

Customers

To sign up for and access or use any of our Services, Customers are required to register for an account (a “Customer Account”) by completing our registration form.  Registration will require standard signup information like name and contact information for the Account’s Administrator and will include bank or other financial institution account information that FutureFund will use to direct proceeds due to Customers arising from the fundraising and ecommerce operations of their respective Customer Applications.

Users

Each User will need to register separately, even if several Users are associated with the same Customer.

In order to register as a User and use a Customer’s Application:

• You must be 18 years or older;
• You must be a human (registrations by “bots” or other automated methods are not permitted);
• You must provide your full legal name, a valid email address, and all other information requested as a part of the registration process; and
• Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people associated with a single Customer as you’d like.

Account Terms

Customers and Users are responsible for maintaining the confidentiality of their login credentials and passwords, for the security of their respective Accounts and/or their Customer Application, and for restricting access to their computers, and each agrees to accept responsibility and liability for all activities that occur under its Account or password.  Neither Customers nor Users may assign or otherwise transfer their Account or login credentials to any other person or entity.  Customers and Users agree that FutureFund will not be responsible for unauthorized access to their Accounts and/or login credentials that results from the failure of any Customers or Users to comply with these security requirements, and FutureFund will not be liable for any loss or damage resulting from the failure of any Customers or Users to so comply.

Customers are responsible for all Content posted under their Accounts and to their Customer Application, whether by a User or any third party.

Neither Customers nor Users may use our Services for any illegal or unauthorized purpose.  Neither Customers nor Users may, in the use of our Services, violate any laws in their jurisdictions (including, but not limited to, copyright or trademark laws).  Customers and Users further agree not to use the Site, our Services, or any Customer Application in any manner that could damage, disable, overburden, or impair the Site, our Services, or any Customer Application or interfere with any other party’s use and enjoyment of the Site, our Services, or any Customer Application.  Neither Customers nor Users may obtain or attempt to obtain any materials or information through any means not intentionally made available by FutureFund or provided for through the Site or any Customer Application.

Neither Customers nor Users may 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 or embedded in this Site, our Services, or any Customer Application.  Use of the Site, our Services, or any Customer Application does not entitle any Customer or User to make any unauthorized use of any protected Content, and in particular they may not delete or alter any proprietary rights or attribution notices in any Content, and they acknowledge and agree that they do not acquire any ownership rights in any protected Content.  Neither Customers nor Users may reproduce, duplicate, copy, sell, resell or exploit any portion of any of our Services or any Customer Application, or access to our Services without the express written permission of FutureFund.

In addition, Users may only use Content, including names, email addresses, or other contact information of Users found in a directory included as a part of any Customers’ Application, for school authorized purposes only and in no circumstances may a User use any Content for any marketing or commercial purposes for a User’s personal benefit or on behalf of any business or other entity. In no event will non-valid Users be permitted access to any User directory.

The use by Customers and Users of our Services and any Customer Application is at their sole risk, and our Services and Customer Applications are provided on an “as is” and “as available” basis.

Neither Customers nor Users may modify, adapt or hack any of our Services or modify another website so as to falsely imply that it is associated with FutureFund, this Site, or any of our Services.  Neither Customers nor Users may upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.  Neither Customers nor Users may transmit any worms or viruses or any code of a destructive nature through this Site or any Customer Application, or in their use of any of our Services.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any FutureFund Customer, User, employee, member, manager, or officer will result in immediate termination of the offending Customer’s or User’s Account.

Customers and Users understand that the technical processing and transmission of our Services, including Content of Customers and/or Users, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

If the bandwidth usage of a Customer or User significantly exceeds the average bandwidth usage (as determined solely by FutureFund) of other FutureFund customers or users, we reserve the right to immediately disable such Customer’s Account or User’s Account or throttle its file hosting until it can reduce its bandwidth consumption.

Updates to these Terms of Service

We reserve the right, in our sole discretion, to update and change these Terms of Service from time to time and without notice.  Any new features released by FutureFund that augment or enhance our current Services, including releases of new tools and resources, shall be subject to these Terms of Service upon release.  By using our Services after the effectiveness of any update to these Terms of Service constitutes acceptance of the updated terms and version.

API Terms

Customers and its associated Users may access their Customer Application data via an Application Program Interface (“API”).  Any use of an API, including use of an API through a third-party product that accesses the Site or a Customer Application, is bound by our Terms of Service, including, but not limited to, the following specific terms.

Customers expressly understand and agree that FutureFund shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FutureFund has been advised of the possibility of such damages), resulting from your or your third party users’ use of an API or any third party products that access data via an API.  Customers agree to indemnify and hold harmless FutureFund from any and all damages caused to third parties through their use of your FutureFund account via an API.

Abuse or excessively frequent requests to FutureFund via an API may result in the temporary or permanent suspension of your or a User’s access to the Site or FutureFund’s account data.  FutureFund, in its sole discretion, will determine abuse or excessive usage of an API.  FutureFund will make a reasonable attempt via email to warn Account owners prior to suspension due to abuse or excessive usage.

FutureFund reserves the right at any time to modify or discontinue, temporarily or permanently, your API’s access to the Site (or any part thereof) with or without notice.

Fees and Refunds 

FutureFund does not charge subscription fees, monthly service charges, license fees, or otherwise bill Customers for its Services.  FutureFund earns and is paid a transaction processing fee that is added to Users’ payment charges when completing credit card payments or contributions through Customers’ Applications, whether for yearbook, spirit merchandise, or other e-commerce purchases, fundraising contributions, or otherwise.  The FutureFund transaction processing fee will be displayed and disclosed to Users before they complete their purchases.  All prices charged by Customers to their Users will need to include sales tax, if any tax is required, and FutureFund will not be responsible for collecting or paying any sales tax.

When Users complete a credit card transaction through a Customer’s Application, FutureFund will process the payment and allocate: (i) the Customer’s portion of the payment proceeds to the Customer’s FutureFund account, (ii) the credit card processing fee to the credit card company, and (iii) the FutureFund transaction processing fee to FutureFund.

FutureFund’s transaction processing fee is not refundable.  If a User requests a refund that a Customer chooses to honor, the purchase price paid by the User will be returned but no portion of the transaction processing fee will be, and the Customer will be responsible for the transaction processing fee if it elects to refund that as well.  In addition, if a User initiates a chargeback that is determined to be valid, the Customer will be responsible for the applicable credit card company chargeback fee, and all other costs and fees arising in connection with the chargeback, in addition to the transaction processing fee it elects to refund.

   Once FutureFund is satisfied that a transaction has been processed and cleared, FutureFund will transfer the balance of the Customer’s account with FutureFund to the Customer’s bank account that was designated by the Customer when it signed up with FutureFund.  FutureFund reserves the right to maintain a balance or reserve in a Customer’s FutureFund account if transactions through a Customer’s Application appear fraudulent, improper, or for any other reason as determined by FutureFund.  If a Customer’s account with FutureFund has a negative balance, the Customer will return its account to $0 within 14 days after receiving notice of its negative balance.

Customers are responsible for all sales, value-added, and other taxes, levies, and duties that arise in connection with their sales, fundraising, or other operations, and FutureFund will not be responsible for collecting or paying any such taxes, levies, or duties.

Cancellation, Modification and Termination

Customers are solely responsible for properly canceling their Accounts.  To cancel their Accounts, Customers will need to send an email to support@futurefund.com notifying FutureFund of their cancellation.  A phone request to cancel an Account is not considered cancellation.  All Content associated with a Customer’s Application that has been canceled will be immediately deleted from the Service.  This information cannot be recovered once the associated Account is canceled.

FutureFund reserves the right from time to time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice.  FutureFund shall not be liable to Customers or to any third party for any modification, price change, suspension or discontinuance of any of our Services.

FutureFund, in its sole discretion, has the right to suspend or terminate a Customer’s or User’s Account and refuse any and all current or future use of our Services, for any reason at any time.  Such termination of our Services will result in the deactivation or deletion of the applicable Account or such Customer’s or User’s access to its Account, and the forfeiture and relinquishment of all Content in such Account.  FutureFund reserves the right to refuse service to anyone for any reason at any time.

Liability Disclaimer/Limitation of Remedies

FUTUREFUND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THIS SITE, OUR SERVICES OR THE SOFTWARE, APPLICATIONS, PROCESSES, OR MODULES CONTAINED THEREIN FOR ANY PURPOSE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, OUR SERVICES AND THE SOFTWARE, APPLICATIONS, PROCESSES, AND MODULES CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND.  FUTUREFUND HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THIS SITE, OUR SERVICES AND THE SOFTWARE, APPLICATIONS, PROCESSES, AND MODULES CONTAINED THEREIN, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

FURTHERMORE, FUTUREFUND DOES NOT WARRANT THAT: (I) OUR SERVICES WILL MEET THE SPECIFIC REQUIREMENTS OF ITS CUSTOMERS OR USERS; (II) OUR SERVICES WILL OPERATE UNINTERRUPTEDLY, TIMELY, SECURELY, OR IN AN ERROR-FREE MANNER; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMERS OR USERS THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; OR (V) ANY ERRORS IN OUR SERVICES WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUTUREFUND BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) THE USE OR PERFORMANCE OF THIS SITE OR OUR SERVICES; (II) THE DELAY OR INABILITY TO USE THIS SITE OR OUR SERVICES; (III) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THIS SITE; OR (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OTHERWISE ARISING OUT OF THE USE OF THE SITE OR OUR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FUTUREFUND HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF CUSTOMERS OR USERS ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OUR SERVICES, THEIR CUSTOMER APPLICATION, OR WITH ANY OF THESE TERMS OF SERVICE, THEIR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE AND OPERATION OF THEIR CUSTOMER APPLICATION OR, IN THE EVENT OF A USER, TO DISCONTINUE USE AND PARTICIPATION ON A CUSTOMER APPLICATION.

Indemnification

EACH CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS FUTUREFUND, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, AND OTHER REPRESENTATIVES, FOR ALL LOSSES, COSTS, DAMAGES, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) CAUSED BY ITS OR ANY OF THE USERS ASSOCIATED WITH ITS ACCOUNT, OR OTHERWISE RELATING TO OR ARISING OUT OF ITS USE OF OR INABILITY TO USE THIS SITE, ITS CUSTOMER APPLICATION, OR OUR SERVICES, ANY USER POSTINGS MADE WITH RESPECT TO ITS ACCOUNT, YOUR VIOLATION OF ANY OF THESE TERMS OF SERVICE OR ITS VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR ITS VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS.  FUTUREFUND RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY ANY CUSTOMER, IN WHICH EVENT THE APPLICABLE CUSTOMER WILL FULLY COOPERATE WITH FUTUREFUND IN ASSERTING ANY AVAILABLE DEFENSES.

Copyright and Intellectual Property Ownership; Removal of Content

Customers and Users acknowledge that this Site and our Services contain information, data, software, images, graphs, typefaces, videos, graphics, sounds, music, and other content and material (collectively, “FutureFund’s IP”) that are protected by copyrights, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed.  FutureFund’s IP, including the look and feel of our Services, are subject to the copyright rights of FutureFund.  All rights are reserved.  Neither Customers nor Users may duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without first obtaining the express written permission from FutureFund.

FutureFund claims no intellectual property rights in or to the Content Customers or Users provide or upload to their respective Customer Application, and Customer and User Content will remain their property.  However, Customers and Users each expressly grant FurtureFund a perpetual world-wide royalty free license to use such Content if required pursuant to any legal obligation, if desired for archival purposes, or if necessary for any technical performance of the Site or any Customer Application.  Furthermore, each Customer and User expressly represents that all Content it uploads is owned by such Customer or User, or such Customer or User has a valid license to use such Content.  Each Customer and User agrees to fully indemnify and hold harmless FutureFund from any and all claims for intellectual property rights violations, including but not limited to, copyright and trademark violations, for all Content it uploads to any Customer Application.

FutureFund does not pre-screen Content, but FutureFund and its designees have the right (but not the obligation) in their sole discretion to remove any Content that is available on any Customer Application, for any reason.  FutureFund may, but has no obligation to, remove Content and Accounts containing Content that FutureFund determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service.

Privacy

In accordance with the terms of FutureFund’s Privacy Policy, we respect the privacy of our Customers and Users.  To view our Privacy Policy https://www.futurefund.com/privacy-policy/.

Governing Law, Dispute Resolution

This Site and our Services are governed by the laws of the State of California, without giving effect to its conflict of laws principles.  Each Customer and User hereby irrevocably submits to the exclusive jurisdiction of the courts of the State of California and the courts of the United States of America in the State of California for all litigation arising out of or relating to the use of this Site or our Services, and each Customer and User agrees not to commence any litigation arising out of or relating to the use of this Site or our Services in any other courts, or plead or claim that any such litigation has been brought in an inconvenient forum.

General Terms 

Technical support is only provided in English to paying account holders and is only available via email.

Customers and Users agree that FutureFund uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run our Services.

The failure of FutureFund 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 constitute the entire agreement between Customers, its Administrators and Users, and FutureFund, and governs the use of our Service by our Customers and its Administrators and Users, and supersedes all prior agreements between Customers and FutureFund (including, but not limited to, any prior versions of these Terms of Service).

Questions about these Terms of Service should be sent to support@futurefund.com