These Terms of Service (the “Terms”) govern your use of all mobile applications and websites owned or operated by The Futures App, Inc. (“TFA,” “we” or “us”), including the The Futures App application (the “App”) and any other applications, interactive features, widgets and resources offered by TFA through traditional Internet websites, mobile devices or third-party social media platforms (all of which are collectively referred to as the “TFA Service” or “Service”). Please read these Terms carefully. By using the TFA Service, you affirm that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you may not use the TFA Service.
Your use of certain parts of the Service may be subject to additional terms and conditions ("Additional Terms"). Where Additional Terms apply, we will make them available for you to read through your use of that part of the Service. By using that part of the Service, you agree to the Additional Terms.
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and TFA are resolved, including an agreement to arbitrate, which will require you to submit claims you have against us to binding and final arbitration and limit you to claims against TFA on an individual basis.
1. General.
The TFA Service provides tools and coaching resources that facilitate communication and instruction within a team or other organization (a “Team”) that has entered into an order form or other agreement with TFA (an “Order Form”) to create a team account (a “Team Account”). The Team Account is established by a coach or other leader (the “Team Leader”) who is responsible for inviting players and other Team members (“Players”) to join the TFA Service. You must be invited to participate by a Team to join the TFA Service as a Player.
If you are a Team Leader creating a Team Account on the TFA Service, you represent and warrant that you are an authorized representative of the Team and have the authority to bind the Team to these Terms. You further represent and warrant that you are at least 18 years old, or of the legal age of majority where you live.
If you are Player under the age of 18, you must have the consent of your parent or legal guardian to use the TFA Service. If you are a parent or guardian agreeing to the terms for the benefit of a child under the age of 18, then you agree to and accept full responsibility and legal liability for their use of the Service. If you are a parent or guardian agreeing to the Terms for the benefit of a child under the age of 13, we will take measures to verify your consent as described in TFA’s Privacy Policy.
2. Your Responsibilities.
In order to access most features of the TFA Service, you must register to become a member. When you register to become a member, TFA collects certain personal information about you. You agree that TFA may use any information TFA obtains about you in accordance with the provisions of TFA’s Privacy Policy.
You also agree to: (a) provide true, accurate, current and complete information when prompted (e.g., at registration); and (b) maintain and update such information so that it is true, accurate, current, and complete at all times. You are responsible for obtaining and maintaining all equipment and services (e.g., mobile phone and wireless service) needed in order to access and use the TFA Service and for paying all related charges.
As part of the set-up and registration process, you may be asked to select a username and password. TFA may refuse to grant you a username or revoke your username for any reason in its sole discretion, including if we determine that such username impersonates someone else, is illegal, vulgar or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion.
You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. TFA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.
We value the integrity of the TFA community. To protect this community, you agree not to use the TFA Service to:
You further agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” “offline readers” or the like, that access the TFA Service. Notwithstanding the foregoing, TFA may allow operators of public search engines to use spiders to index materials from the TFA Service for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. TFA reserves the right to revoke these exceptions either generally or in specific cases.
3. Fees; Payment; Cancellation.
The Team Leader will be responsible for paying all fees applicable to a Team as set forth in the Order Form. TFA may modify the fees and pricing plans from time-to-time by providing prior notice to you (which may be to the email account you provide at registration). Your Team’s continued use of the Service following notice of a change to the fees will constitute your acceptance of such modifications.
Unless otherwise agreed by TFA in writing, the Team will be charged using the credit card information provided at registration. The Team is responsible for keeping credit card information up to date. All payments shall be in U.S. Dollars. The Team is solely responsible for all taxes, fees, duties, and governmental assessments (except for taxes based on TFA’s net income) that are imposed or become due in connection with a Team’s use of the Service.
Except where prohibited by applicable law, all payments are non-refundable, including if your subscription to or rights to use the Service is terminated by us in accordance with these Terms.
4. License Grant; Restrictions; Ownership of TFA’s Content.
During the Term and subject to these Terms, including the payment of all applicable fees, the Team, Team Leader and Players may download the App and access and use the TFA Service. You agree not to (a) use or authorize use of the App, the TFA Service, or any information obtained via the TFA Service, for any unauthorized purpose, including, without limitation, for the purpose of offering services to third parties that are competitive to the TFA Service; (b) copy, transfer, sell, lease, syndicate, sub-syndicate, lend, or use for co-branding, timesharing, service bureau, arbitrage or other unauthorized purposes the App, the TFA Service, or any portion thereof; or (c) modify, prepare derivative works of, translate, reverse engineer, reverse compile, disassemble the App, the TFA Service, or any portion thereof, or attempt to do any of the foregoing.
The content on the TFA Service, other than “User Content” (as defined below), including, without limitation, videos, clips, photos, text, software, scripts, graphics, sounds, music, interactive features and the like (collectively, the “Content”) and the TFA word marks, as well as certain other of the names, logos and materials displayed on or through the TFA Service that constitute trademarks, tradenames, service marks or logos (the “Marks”) are owned by or licensed to TFA and are subject to copyright, trademark and other intellectual property rights under U.S. and international laws. You agree not to copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer, or exploit for any purposes the App or the TFA Service or any portion of the TFA Service, including, without limitation, the Content and the Marks, except as authorized by these Terms or as otherwise intended or authorized by TFA and its licensors.
You must abide by all copyright notices, trademark notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with or circumvent any copyright, trademark, logo, or other proprietary notice, or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content.
5. User Content.
The TFA Service may enable you to post and share videos, clips, photos, and/or audio recordings, text comments, and other content within the TFA Service (collectively, the “User Content”). If you are a Team Leader, the User Content you post may be shared with the Players on your Team. If you are a Player, your User Content may be shared with your Team Leader.
When you provide TFA with User Content, you grant to TFA and its affiliates, partners, representatives, and their successors and assigns, a non-exclusive, fully-paid, royalty-free, transferable, worldwide license, with the right to grant sublicenses through multiple tiers of sublicensees, to display, publicly perform, distribute (including, without limitation, through third-party websites), store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works of, and otherwise use and reuse your User Submissions (or any portions or derivative works thereof) in any manner, in any medium now known or hereinafter created, for any purpose.
You represent and warrant that: (a) you own all rights in your User Content or, alternatively, you have acquired all necessary permissions and rights in your User Content to enable you to grant to TFA the rights in your User Content described herein; and (b) your User Content does not infringe the copyright, trademark, patent or other intellectual property rights, privacy rights, publicity rights or any other legal or moral rights of any third party.
User Content that you share or receive may be downloaded and stored locally by the recipient and therefore may be shared outside of the Service. You should not share videos outside of the Service without the consent of each Player, Team Leader, or other person appearing in the video. As with any social media service, you should be mindful about what you post.
You acknowledge that TFA does not necessarily pre-screen any User Content uploaded by you or other users of the TFA Service, but that TFA may pre-screen, or review after initial posting, your User Content for a variety of reasons, including, without limitation, for safety reasons and for compliance with these Terms. TFA and its designees shall have the right in their sole discretion to refuse or remove any User Content as well as terminate your access to the TFA Service for any reason or no reason. Reasons for such refusal, removal or termination may include violation of these Terms or activity or User Content that may otherwise be deemed objectionable.
TFA disclaims any and all liability in connection with any and all User Content, and you agree to waive any legal or equitable rights or remedies you may have against TFA with respect to such User Content.
6. Feedback.
You agree that TFA is free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback (“Feedback”), that you may provide about the App or the Service including Feedback that you send to us. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that TFA has no duties to you (including any duty to compensate you for your Feedback) with respect to such Feedback.
7. Infringement Notice Procedures – Copyrights.
TFA respects the intellectual property rights of others. Upon proper notice, TFA will remove or disable access to User Content that violates copyright law and may suspend access to the TFA Service (or any portion thereof) of any user who uses the TFA Service in violation of copyright law and may terminate the accounts of repeat infringers.
TFA has implemented procedures for receiving written notification of claimed copyright infringement (each, a “Notification”) and for processing such claims in accordance with such law.
If you are the owner of any exclusive right under copyright laws, or are authorized to act on behalf of such an owner, and you believe your work has been copied in a way that constitutes copyright infringement, please send TFA‘s copyright agent a Notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single Notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit TFA to locate the material on the TFA Service; (c) information reasonably sufficient to permit TFA to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (e) a statement by you, made under penalty of perjury, that the above information in your Notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Please provide us with a Notification that includes all of the above enumerated information and e-mail or mail it to the following TFA copyright agent:
The Futures App, Inc.
324 S. Beverly Drive, #394
Beverly Hills, CA 90212
Attn: Copyright Agent
E-mail: intellectualproperty@thefuturesapp.com
By submitting a Notification, you acknowledge and agree that TFA may forward your Notification and any related communications to any users who posted the material identified in such notice.
Please do not send notices or inquiries unrelated to alleged infringement to TFA’s designated agent.
8. Termination.
Unless terminated earlier or extended in accordance with this Section 8, the Team Account shall be provided for the subscription term set forth in the applicable Order Form (the “Initial Term”). This Agreement will automatically renew for successive one-year periods (each, a “Renewal Term”) unless either Team or TFA gives written notice to the other party of its intention not to renew at least 90 days prior to the expiration of the then-current Term. “Term” means the Initial Term and any Renewal Terms.
Either TFA or the Team may terminate the Team Account if the other party breaches any material term of these Terms and fails to cure that breach within 30 days after written notice thereof from the non-breaching party.
If you are a Player using the TFA Service through your Team, your Team Leader is responsible for instructing TFA to remove your account.
TFA may suspend a Team Account or a Team Leader’s or Player’s access to the Service, in its sole discretion, in the event that TFA reasonably believes that they or anyone using the Service through a Team Account is engaged in (a) any activity that may harm the Service or TFA’s ability to operate and maintain the Service; or (b) any fraudulent or illegal activity or any activity that could result in legal liability or reputational harm to TFA. Any such suspension may continue until the event causing such suspension has been cured or until TFA has received satisfactory assurances that such event will not recur.
9. Modifications to TFA Service.
TFA reserves the right to modify or discontinue the TFA Service with or without notice to you. TFA shall not be liable to you or any third party should TFA exercise its right to modify or discontinue the TFA Service.
10. Links.
The TFA Service may contain links to third party websites and platforms, images, videos, or other Internet resources that are not owned or controlled by TFA (“Third-Party Materials”). TFA’s provision of a link to any Third-Party Materials is for your convenience only and does not signify TFA’s endorsement of such other website or resource or its contents. TFA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD-PARTY, INCLUDING ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TFA SERVICE OR ANY LINKED WEBSITE OR IN ANY ADVERTISING.
11. Disclaimer of Warranties.
YOU AGREE THAT USE OF THE TFA SERVICE IS AT YOUR SOLE RISK. THE TFA SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, TFA AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE TFA SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
TFA and its affiliates make no warranties or representations that the Service will meet your requirements.
TFA and its affiliates make no warranties or representations about the accuracy or completeness of content available on or through the TFA Service or the content of any websites linked to the TFA Service and assume no liability or responsibility for any: (a) errors, mistakes or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the TFA Service; (c) unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein (including User Content); (d) interruption or cessation of transmission to or from the TFA Service; (e) bugs, viruses, malware, or the like which may be transmitted to or through the TFA Service by any third party; and/or (f) loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available on or through the TFA Service.
12. LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TFA OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE TFA SERVICE.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TFA’S (INCLUDING ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS) TOTAL LIABILITY TO YOU EXCEED IN AGGREGATE THE GREATER OF (A) U.S. $50.00 AND (B) THE FEES PAID BY YOU DURING THE 6-MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO SUCH LIABILITY.
13. Exclusions and Limitations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent TFA may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of TFA’s liability shall be the minimum permitted under such applicable law.
14. Indemnification.
You agree to indemnify, defend and hold harmless TFA, its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that they may incur as a result of or arising from: (a) any information (including, without limitation, your User Content, Feedback or any other content) you (or anyone using any of your accounts) submit, post or transmit on or through the TFA Service or otherwise provide to us; (b) your use of the TFA Service; (c) your violation of these Terms or any Additional Terms; or (d) the violation of any rights of any other person or entity, including, without limitation, any intellectual property rights or other personal or proprietary rights, by you (or anyone using any of your accounts) or your User Content. TFA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with TFA in asserting any available defenses.
15. Choice of Law; Dispute Resolution; Arbitration.
These Terms, any Additional Terms, and any dispute arising from or relating to these Terms, the Additional Terms or the provision or use of the Service, shall be governed exclusively by, and construed in accordance with the laws of the United States and the State of California, without reference to any conflict of laws principles.
Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site or the Services, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this section.
Any Dispute that is not resolved through informal means after using good faith efforts to do so, shall be resolved exclusively through binding arbitration in accordance with this paragraph. An arbitration shall be initiated and conducted according to (a) the JAMS/Endispute Comprehensive Arbitration Rules and Procedures then in effect, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”) for any arbitration between TFA and a Team or (b) the JAMS/Endispute provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions, for any arbitration between TFA and a Player. With respect to any arbitration initiated by a Player, if the filing fee for the arbitration exceeds the cost of filing a lawsuit, TFA will pay the additional cost. Any arbitration between TFA and a Team shall be conducted in Los Angeles County, California. All arbitrations shall be conducted before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms, including any applicable Additional Terms. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. No Disputes may be arbitrated on a class or representative basis. Arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party.
16. International Use.
We do not represent or warrant that the TFA Service, or any part of it, is appropriate or available for use in any particular jurisdiction. You access the TFA Service on your own initiative and at your own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit the availability of TFA Service, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
17. Miscellaneous.
These Terms and any Additional Terms constitute the entire and exclusive and final statement of the agreement between you and TFA and govern your use of the TFA Service. Except as expressly provided in these Terms, all notices shall be given in writing, in the English language, and shall be deemed given when personally delivered or when sent by email or three days after being sent by prepaid certified mail or nationally recognized overnight courier to the addresses set forth on the Order Form (for notice to TFA via email at: support@thefuturesapp.com). The failure of TFA to exercise or enforce any right or provision of these Terms or any Additional Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms or any Additional Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of these Terms and any Additional Terms shall continue in full force and effect. The section titles in these Terms and any Additional Terms are for convenience only and have no legal or contractual effect.
18. Modifications to Terms.
TFA may, in its sole and absolute discretion, change these Terms from time to time. All changes to the Terms or the Privacy Policy will be effective when posted, and we will provide notification of such changes to you via the Service or contact information you may have provided to TFA upon registration. Your continued use of the Service following any changes to the Terms or the Privacy Policy, will constitute your agreement to be bound by such changes. If you object to any such changes, your only recourse will be to stop using the TFA Service.
