terms of service:
Terms of Service
Last Revised: December 2008
The following Terms of Service constitute a legal agreement
("Agreement") between You and POA, LLC (hereinafter "POA") with
respect to Your access to, and use of the RaiseForFuture.com
(hereinafter "RFF" or "Site") and any Services provided by or
through the Site or POA.
BY VISITING AND USING THE SITE, You AGREE TO THESE Terms of
Service; IF You DO NOT AGREE, DO NOT USE THE SITE.
By using and/or viewing the Site You represent and warrant that You
are at least 18 years of age and that You have the legal capacity
to enter into this Agreement. If You are under the age of 18, but
at least 13 years of age, You may use the Site only under the
supervision of a parent or legal guardian who agrees to be bound by
these Terms. The Site is not intended for children under the age of
13. Entering this site is Your agreement that You are aware of
these terms and are of legal age.
POA reserves the right to revise, amend, or modify these Terms of
Service and our other policies, guidelines, and rules at any time
and in any manner. Modifications shall become effective immediately
upon posting on the Site. Your continued use of the Site after
amendments are posted constitutes an acknowledgement and acceptance
of the Terms of Service as modified. You should periodically check
this web page for any modifications regarding these Terms of
Service by re-visiting this web page and using the refresh button
on Your browser. You should note the date of last revision to this
page, which appears at the top of this page. If the last revised
date remains unchanged, after You have clicked the refresh button
on his/her browser, You may presume that no changes have been made
since the last reading of the document. A changed last revised date
indicates that this document has been updated or edited, and the
updated or edited version supersedes any prior versions immediately
upon posting. You may use and access the Site only in accordance
with these Terms of Service. Please consult these Terms of Service
regularly and read them carefully before using the Site. You affirm
that You have read and understand, agree and consent to these Terms
of Service.
SITE PURPOSE AND USE
RFF represents You the user of the RFF site and service. RFF does
not represent advertisers, sponsors, or the Causes. You must
register with RFF before you can designate a Cause(s) to receive
Your earned Money.
Causes include but are not limited to non-profits, schools,
assocations, and other groups. Causes may apply to be listed on RFF
and RFF determines in it's sole discretion whether to activate
them.
Each Cause may also have one or more Projects associated to it. For
illustrative purposes only, a Cause may be a school and it may have
a Project to raise money for a playground and a seperate Project to
raise money for a Football team. A Cause may also have a general
Project to be used in their discretion. You will have the
opportunity to choose the specific Project in this example.
In order for Your chosen Cause(s) to recieve Your earned Money You
must visit RFF each time You wish to shop at a Merchant, whether
You have shopped there through RFF in the past or not. Each time
You must be sure to first visit RFF, log in to your account,
validate that the Cause You wish to receive Your earned Money is
Your chosen Cause and click through to the Merchant site on a link
within the RFF Online Mall. Once You have followed this procedure
You cannot change the Cause designated to Your earned Money.
REGISTRATION
By Registering you are agreeing that RFF is providing a service to
You and not to causes. Therefore any taxes on Your earned Money You
receive from Merchants and placed into your Member Account for
later disbursement to your chosen Cause is your sole
responsibility. You agree that the Money you earn by shopping at a
Merchant through the RFF Online Mall and this Money will be
credited to your RFF Member Account. This Money will later be
disbursed on your behalf to the Cause(s) you designated before
purchasing through the RFF Online Mall.
Your account may provide You with Statistics. Statistics may
consist of the amount You have earned in your Member Account to be
disbursed to the Causes ou chose as a result of Your activity
through the use of RFF. Depending on the reporting ability and
accuracy of the Merchants some of Your Earnings will be shown. The
detail and updating frequency of the reporting is in RFFs
discretion and may not be comprehensive or timely due to various
factors.
As a condition to using various Services of the Site, You may be
required to register with the Site to become a Member and provide
various personally identifiable information such as, but not
limited to, name and email. You shall provide the Site with
accurate, complete, and updated registration information. Failure
to do so shall constitute a breach of the Terms of Service, which
may result in immediate termination of Your Membership account.
When registering for a Membership account and choosing an ID You
may not (i) select or use as ad ID a name of another person with
the intent to impersonate that person; (ii) use as an ID a name
subject to any rights of a person other than You without
appropriate authorization; or (iii) use as an ID a name that is
otherwise offensive, vulgar or obscene. RFF reserves the right to
refuse registration of, or cancel an ID in its discretion. RFF also
reserves the right to refuse registration of, or cancel Membership
of any individual in its sole discretion.
You are entirely responsible for maintaining the confidentiality of
Your account information, including Your password, and for any and
all activity that occurs under Your account. You agree to notify
RFF immediately of any unauthorized use of Your account or
password, or any other breach of security.
You may not use anyone else's Membership account at any time. POA
will not be liable for any loss or damage arising from Your failure
to comply with these obligations. Should You register to become a
Member You must not include the following items: telephone numbers,
street addresses, and last names of any person other than You.
MERCHANTS RFF contains links to websites
operated by third parties other than RFF. When You activate one of
them, You will leave the RFF Site. POA does not have control over,
nor will accept responsibility for or liability in respect of,
material on any website that is not under its respective control.
The inclusion of links to third party sites does not imply any
endorsement of the material on them or any association with their
operators. Unless explicitly stated POA does not endorse or
otherwise take responsibility for any solicitation or advertisement
that is found on RFF. All Members and users of RFF are warned that
any action that You take with respect to such solicitations or
advertisements is at Your own risk. As stated previously, the same
warning/disclaimer applies to solicitations and advertisements
contained on any third party website which may be accessed from a
link found on the Site.
DISBURSEMENTs
The Money You Earn from Merchants is placed in your Member Account
and designated with the Cause you chose before you clicked through
to the Merchant from the RFF Online Mall. If You did not login
before clicking through to the Merchant we will not be able to
track the Money back from the Merchant to You and the Money will
not be accounted for.
RFF performs a service for You and is not qualified to offer tax
advice on the deductibility of any donation made by You. The Money
provided by the Merchant transfers to Your control in Your Member
Account. By entering into this Agreement you have voluntarily
determined to donate that Money. POA and RFF make no represenation
to the IRS classification of any Cause in the RFF Online Mall and
no representaiton as to whether or not any donations are
"deductible", as defined by the Internal Revenue Service under
§ 170.
Money received in Your Member Account from Merchants operate in the
following manner. You must login to RFF and follow a link at the
RFF Online Mall. The link is to a Merchant and those Merchants
provide Money back as a result of your purchase at that Merchant.
The portion of the overall sale received back from Merchants to
Your Member Account is shown on the RFF site before you click
through.
RFF can only account for the Money that resulted from a Merchant
reporting the purchase to us. Merchants may also reverse a purchase
for various reasons and that Merchant Money will also be reversed
by POA. Causes receive Merchant Money that you so designated from
Your member Account 90 days after the end of the month they were
earned on a per Project basis, as long as RFF has received payment
in full from the Merchant or Merchant's agent. Every Cause has a
general fund which we call the General Project, and can add
additional Projects at their discretion. Each Project must
individually accrue more than $10 in Merchant Donation's before
they are paid.
SITE CONTENT
Subject to full compliance with the Terms of Service, RFF may offer
to provide certain Services and Content, as described more fully on
the Site. Services shall include, but not be limited to, any
service and content RFF performs for You, as well as the offering
of any materials displayed or performed on the Site (including, but
not limited to text, user comments, messages, information, data,
graphics, news articles, RSS feeds, photographs, video, images,
illustrations, software, audio clips and video clips, also known as
the "Content" on the Site). RFF may change, suspend or discontinue
the Services and/or Membership Account Benefits including any
Content for any reason, at any time, including the availability of
any feature or content. RFF may also impose limits on certain
features and services or restrict Your access to parts or all of
the Services, Content, or Membership Account Benefits without
notice or liability.
Except as expressly provided in these Terms of Service, no part of
the Site and no Content may be copied, reproduced, republished,
uploaded, posted, publicly displayed, encoded, translated,
transmitted or distributed in any way (including "mirroring") to
any other computer, server, Web site or other medium for
publication or distribution or for any commercial enterprise,
without POA's express prior written consent.
You may link to a webpage of RFF, provided You do so in a way that
is fair and legal and does not damage our reputation or take
advantage of it or infringe any of the provisions of these Terms of
Service, but You must not establish a link in such a way as to
suggest any form of association, approval or endorsement on our
part where none exists. POA reserves the right to withdraw linking
permission without notice.
USE
As a condition of use, You promise not to use the Services for any
purpose that is unlawful or prohibited by these Terms of Service,
or any other purpose not reasonably intended by POA.
By way of example, and not as a limitation, You agree not to use
the Services to:
abuse, harass, threaten, impersonate or intimidate other RFF
users;
"deep-link", "page-scrape", "robot", "spider" or other automatic
device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any
portion of the RFF site or any RFF site Content, or in any way
reproduce or circumvent the navigational structure or presentation
of RFF or any RFF Content, to obtain or attempt to obtain any
materials, documents or information through any means not purposely
made available through RFF. POA reserves the right to bar any such
activity;
contribute any Content that is infringing, libelous, defamatory,
obscene, pornographic, abusive, offensive or otherwise violates any
law or right of any third party;
post photographs containing offensive subject matter, such as, but
not limited to, nudity or violence;
gain unauthorized access to any portion or feature of RFF, or any
other systems or networks connected to RFF or to any RFF server, or
to any of the Services offered on or through RFF, by hacking,
password mining; or any other illegitimate means;
use the site for any illegal or unauthorized purpose. If You are an
international user, You agree to comply with all local laws
regarding online conduct and acceptable content;
probe, scan or test the vulnerability of RFF or any network
connected to RFF, nor breach the security or authentication
measures on the Site or any network connected to RFF. You may not
reverse look-up, trace or seek to trace any information on any
other user of or visitor to RFF, or any other customer of RFF,
including any RFF account not owned by You, to its source, or
exploit RFF or any service or information made available or offered
by or through RFF, in any way where the purpose is to reveal any
information, including but not limited to personal identification
or information, other than Your own information, as provided for by
RFF;
post or transmit, or cause to be posted or transmitted, any
communication or solicitation designed or intended to obtain
password, account, or private information from any site user;
take any action that imposes an unreasonable or disproportionately
large load on the infrastructure of RFF or RFF systems or networks,
or any systems or networks connected to RFF;
use any device, software or routine to interfere or attempt to
interfere with the proper working of the Site or any transaction
being conducted on the Site, or with any other persons use of the
Site;
create or submit unwanted email ("Spam") to any other users or any
URL;
violate any laws in Your jurisdiction (including but not limited to
copyright laws);
submit stories or comments linking to affiliate programs,
multi-level marketing schemes, sites/blogs repurposing existing
stories (source hops), or off-topic content;
use RFF or any Content for any purpose that is unlawful or
prohibited by these Terms of Service, or to solicit the performance
of any illegal activity or other activity which infringes the
rights of POA or others;
use any (with the exception of accessing RSS feeds) robot, spider,
scraper or other automated means to access RFF for any purpose
without our express written permission. Additionally, You agree
that You will not:
(a) take any action that imposes, or may impose in our sole
discretion an unreasonable or disproportionately large load on our
infrastructure;
(b) interfere or attempt to interfere with the proper working of
RFF or any activities conducted on RFF; or
(c) bypass any measures we may use to prevent or restrict access to
RFF, and
create separate user accounts with the intention of artificially
inflating the votes, ratings, counts, comments, or any other RFF
service;
collect user names and/or email addresses of Members by electronic
or other means for the purpose of sending unsolicited email or
unauthorised framing of or linking to RFF may be investigated;
monitor or copy, or allow others to monitor or copy, RFF web pages
or the content included herein;
"frame" or otherwise simulate the appearance or
function of RFF.
TERMINATION
You agree that the Site may, with or without cause, immediately
terminate Your Member account and/or access to the Site without
prior notice. Without limiting the foregoing, the following will
lead to a termination by the Site of an individuals use of the
Site: (a) breaches or violations of these Terms of Service or other
incorporated agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by You
(self-initiated account deletions), (d) unexpected technical issues
or problems, and (e) extended periods of inactivity. Termination of
Your Member account and/or access to the Site includes removal of
access to all offerings within the Site and may also bar You from
further use of the Site. Furthermore, You agree that all
terminations shall be made in POA and/or the Sites sole discretion
and that POA shall not be liable to You nor any third-party for any
termination of Your Individual use or Member account or access to
the Site. Upon termination all of the Money in Your Member Account
that has not yet been disbursed may be disqualified, at the sole
discretion of RFF. All provisions of the Terms of Service which by
their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty
disclaimers, indemnity and limitations of liability. POA may
disclose any information we have about You (including Your
identity) if we determine that such disclosure is necessary in
connection with any investigation or complaint regarding Your use
of the Site, or to identify, contact or bring legal action against
someone who may be causing injury to or interference with (either
intentionally or unintentional) POAs rights or property, or the
rights or property of visitors to or users of the Site, including
POAs customers. POA reserves the right at all times to disclose any
information that POA deems necessary to comply with any applicable
law, regulation, legal process or governmental request. RFF also
may disclose Your information when RFF determines that applicable
law requires or permits such disclosure, including exchanging
information with other companies and organizations for fraud
protection purposes.
PURCHASES, PROMOTIONS, and CONTESTS
Additional terms and conditions may apply to purchases of goods or
Services and to specific portions or features of RFF, including
contests, promotions or other similar features, all of which terms
are made a part of these Terms of Service by this reference. You
agree to abide by such other terms and conditions, including where
applicable representing that You are of sufficient legal age to use
or participate in such Service or feature. If there is a conflict
between these Terms of Use and the terms posted for or applicable
to a specific portion of RFF or for any Service offered on or
through RFF, the latter terms shall control with respect to Your
use of that portion of RFF or the Service.
LINKS
RFF may provide, links to other World Wide Web sites or resources.
Because POA has no control over such sites and resources, You
acknowledge and agree that POA is not responsible for the
availability of such external sites or resources, and does not
endorse and is not responsible or liable for any Content,
advertising, products or other materials on or available from such
sites or resources. You further acknowledge and agree that POA
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or services
available on or through any such site or resource.
COPYRIGHT COMPLAINTS
POA respects the intellectual property of others. All material
found on the RFF Site is subject to this Copyright and Intellectual
Property Policy. Except for that information which is in the public
domain or for which You have been given written permission, You may
not copy, exploit, modify, publish, transmit, distribute, perform,
display, communicate to members of the public or sell or lease any
such proprietary information found on RFF.
If You believe Your work has been copied in a way that constitutes
infringement on the Site or via the Service offered through RFF,
please provide the following information to POA at brian@poallc.com, or POA LLC ("RFF"),
11654 Plaza America Drive, PMB 295, Reston, VA 20190
(a) an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that You claim has been
infringed;
(c) a description of where the material that You claim is
infringing is located on the site;
(d) Your address, telephone number, and email address;
(e) 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; and
(f) a statement by You, made under penalty of perjury, that the
above information in Your Notice is accurate and that You are the
copyright owner or authorized to act on the copyright owner's
behalf.
Once POA receives Your notice, it will thoroughly investigate the
matter and respond to You with its results, in no event later than
30 days after receipt of Your notice.
PRIVACY POLICY
RFFs current privacy policy is available on RFF (the "Privacy
Policy"), which is incorporated by this reference.
WARRANTY DISCLAIMERS
You acknowledge that POA has no control over, and no duty to take
any action regarding: which users gain access to RFF; Items sold by
Merchants, what effects the Content may have on You; how You may
interpret or use the Content; or what actions You may take as a
result of having been exposed to the Content. You release POA from
all liability for You having acquired or not acquired Content
through RFF. The Site may contain, or direct You to sites
containing, information that some people may find offensive or
inappropriate. POA makes no representations concerning any content
contained in or accessed through RFF, and POA will not be
responsible or liable for the accuracy, copyright compliance,
legality or decency of material contained in or accessed through
the Site. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN AS IS
BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY
TO You.
POA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR
FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT
ANY DEFECTS WILL BE CORRECTED, OR THAT YouR USE OF THE SITE WILL
PROVIDE SPECIFIC RESULTS. THE SITE, SERVICE AND RFFs CONTENT ARE
DELIVERED ON AN AS-IS AND AS-AVAILABLE BASIS. ALL INFORMATION
PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. POA
CANNOT ENSURE THAT ANY FILES OR OTHER DATA You DOWNLOAD FROM OR
UPLOAD TO THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR
DESTRUCTIVE FEATURES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL POA OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT,
TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH
RESPECT TO THE SITE, ITEMS SOLD, MERCHANTS, THE SERVICE OR ANY
CONTENT FOR ANY LOST PROFITS, MONIES, OR SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II)
FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY
NOT APPLY TO You.
If, notwithstanding the other provisions of these Terms of Use, POA
is found to be liable to You for any damage or loss which arises
out of or is in any way connected with Your use of the Site or any
Content, POA's liability shall in no event exceed US $10.00. Some
jurisdictions do not allow limitations of liability, so the
foregoing limitation may not apply to You.
MISCELLANEOUS
You may not use or export or re-export any Content or any copy or
adaptation of such Content, or any product or Service offered on
RFF, in violation of any applicable laws or regulations, including
without limitation United States export laws and regulations.
If any of the provisions of these Terms of Service are held by a
court or other tribunal of competent jurisdiction to be void or
unenforceable, such provisions shall be limited or eliminated to
the minimum extent necessary and replaced with a valid provision
that best embodies the intent of these Terms of Service, so that
these Terms of Service shall remain in full force and effect. These
Terms of Service constitute the entire agreement between You and
POA with regard to Your use of the Site, and any and all other
written or oral agreements or understandings previously existing
between You and POA with respect to such use are hereby superseded
and cancelled. POA will not accept any counter-offers to these
Terms of Service, and all such offers are hereby categorically
rejected. POA's failure to insist on or enforce strict performance
of these Terms of Service shall not be construed as a waiver by POA
of any provision or any right it has to enforce these Terms of
Service, nor shall any course of conduct between POA and You or any
other party be deemed to modify any provision of these Terms of
Service. These Terms of Service shall not be interpreted or
construed to confer any rights or remedies on any third
parties.
No agency, partnership, joint venture, or employment is created as
a result of the Terms of Service and You do not have any authority
of any kind to bind POA in any respect whatsoever. The failure of
either party to exercise in any respect any right provided for
herein shall not be deemed a waiver of any further rights
hereunder. POA shall not be liable for any failure to perform its
obligations hereunder where such failure results from any cause
beyond POAs reasonable control, including, without limitation,
mechanical, electronic or communications failure or degradation
(including line-noise interference). If any provision of the Terms
of Service is found to be unenforceable or invalid, that provision
shall be limited or eliminated to the minimum extent necessary so
that the Terms of Service shall otherwise remain in full force and
effect and enforceable. The Terms of Service is not assignable,
transferable or sublicensable by You except with POAs prior written
consent. POA may transfer, assign or delegate the Terms of Service
and its rights and obligations without Your consent, as well as the
Site, Database, Your Member Account and information. The Terms of
Service shall be governed by and construed in accordance with the
laws of the state of Nevada as if made within Nevada between two
residents thereof, and the parties submit to the exclusive
jurisdiction of Nevada. Notwithstanding the foregoing sentence,
(but without limiting POAs right to seek injunctive or other
equitable relief in any court of competent jurisdiction), in POAs
sole discretion any disputes arising with respect to this Agreement
may be referred to an arbitrator affiliated with JAMS. The
arbitrator shall be selected by joint agreement of the parties. In
the event the parties cannot agree on an arbitrator within thirty
(30) days of the initiating party providing the other party with
written notice that it plans to seek arbitration, the parties shall
each select an arbitrator affiliated with JAMS, which arbitrators
shall jintly select a third such arbitrator to resolve the dispute.
The written decision of the arbitrator shall be final and binding
on the parties. The arbitration proceeding shall be carried on and
heard in Las Vegas, Nevada, using the English language and pursuant
to the rules of JAMS. In any action or proceeding to enforce rights
under the Terms of Service, the prevailing party will be entitled
to recover costs and attorneys; fees. Both parties agree that the
Terms of Service is the complete and exclusive statement of the
mutual understanding of the parties and supersedes and cancels all
previous written and oral agreements, communications and other
understandings relating to the subject matter of the Terms of Use,
and that all modifications must be in a writing signed by both
parties, except as otherwise provided herein.
INDEMNITY
You agree to indemnify and hold POA, its officers, directors,
shareholders, predecessors, successors in interest, employees,
agents, subsidiaries and affiliates, harmless from any demands,
loss, liability, claims or expenses (including attorneys fees),
made against POA by any third party due to or arising out of or in
connection with Your use of RFF, including, but not limited to,
Your Content, and Items You may purchase from Merchants.
YOUR IDEAS
Neither POA nor any of its employees accept or consider unsolicited
ideas, including ideas for new advertising campaigns, new
promotions, new or improved products or technologies, product
enhancements, processes, materials, marketing plans or new product
names. Please do not send any original creative artwork,
suggestions or other works. The sole purpose of this policy is to
avoid potential misunderstandings or disputes when POAs products or
marketing strategies might seem similar to ideas submitted to
POA.
If, despite our request that You not send us Your ideas, You still
send them, then regardless of what Your letter says, the following
terms shall apply to Your idea submission.
1. Your ideas automatically become the property of POA, without
compensation to You; and
2. POA can use the ideas for any purpose and in any way, even give
them to others.
To report Terms of Service abuse, please email: brian@poallc.com
The information contained in this web site is subject to change
without notice. Copyright 2008, 2009 POA LLC. All rights
reserved.
I HAVE READ THESE Terms of Service AND AGREE TO ALL OF THE
PROVISIONS CONTAINED ABOVE.
