Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

TechnologyfortheFuture.org (“TFTF”) requires that all visitors (“you”) to its site, TechnologyfortheFuture.org, and its other sites (collectively, the “Sites”), agree to all of the terms and conditions in this User Agreement (“UA”). By accessing and using the Sites, you indicate your acknowledgment and acceptance of this UA. As used in this Agreement, “we,” “our,” and “us” means TFTF unless otherwise indicated.

Who is TechnologyfortheFuture.org?

TFTF is a 501(c)(3) not-for-profit corporation. We at TFTF aim to improve public education by engaging citizens in a unique online marketplace where Anyone can fund specific student scholarships provided through our program. The Sites provide you with access to an online collection of information, materials and services related to TFTF and its work, including text, pictures, photographs, audio and video, graphics, logos, marks and images (collectively, “Content”), as well as software used in accessing the Sites, displaying the Content, and utilizing the functionality offered through the Sites (“Software”), all of which are subject to this UA. Unless stated otherwise, any new Content and Software added to the Sites and all revisions, modifications, and enhancements to the Sites, the Content or the Software will be covered by this UA effective upon the date of each such addition.

Eligibility.

Use of the Sites is void where prohibited. By using the Sites, you represent and warrant that (1) all information you submit is truthful and accurate; (2) you are 18 years of age or older or have received parental consent and supervision when using the Sites; and (3) your use of the Sites does not violate any applicable law or regulation. Your access to and use of the Sites is conditioned on your acceptance of and compliance with these Terms, therefore, your use of the Sites may be terminated without warning if we believe you are in violation of any of these conditions.  

Binding Agreement.

By using any Site, you agree to be bound by this UA, whether you are a visitor, Student, Supporter/Community Partner, Connector, or Donor. The use of the Sites (including, without limitation, photographs or images), by you, or anyone else authorized by you, is prohibited except as allowed by this UA. There are specific terms of use applicable to Donors, Students, and Members which are described below.

TFTF’s Privacy Policy is a Part of this Agreement.

We are committed to protecting the privacy of any personal information you may provide to us when you use the Sites. Please see our Privacy Policy for details. This UA includes and incorporates by reference TFTF’s Privacy Policy. By accepting the terms of this UA, you agree to abide by the terms of this Privacy Policy.

Our Proprietary Materials.

We welcome you to our Sites and we invite you to use it within the following rules:

  1. You may use the Sites, Content and Software solely as and for the purposes stated on the Sites and as described in this UA.
  2. You may make one copy of relevant Content for your non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Beyond that, no text, logo, graphic, sound, image, photograph or Software published on or underlying the Sites may be copied, modified, published or otherwise distributed or used without the prior express written permission of Technology for the Future.
  3. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from the Sites, in any manner, without your receipt of the prior written authorization of Technology for the Future.
  4. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software underlying the Sites to a human perceivable form.

The information on the Sites, the design and layout of the Sites, the Content and Software contain elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part, except as specifically stated on the Sites or in this UA. All Content, Software and materials on and underlying the Sites are copyright (c)2017 Technologyforthefuture.org, Inc. or are licensed or otherwise used by Technology for the Future with permission. Except where noted otherwise, all rights to these materials are reserved by TFTF or their respective owners. “Technologyforthefuture.org“, the Technologyforthefuture.org logo, are trademarks and service marks of technologyforthefuture.org, inc., which reserves all rights to its marks and logos. Individuals appearing on the Sites do so with permission; names and photographs of individuals may not be copied, downloaded or otherwise used.

When you post any photos, videos, pictures, images, materials, and other user-generated content (“User Content”) through any social media platforms with the hashtag #technologyforthefuture or any other hashtag promoted by TFTF in connection with any programs, you hereby grant TFTF and their respective affiliates, advertising agencies, and/or any party designated by any of them (collectively, the “Licensees”) the irrevocable, perpetual, worldwide, royalty-free right to reproduce, display, perform, adapt, modify, alter, create derivative works from and distribute User Content, including your name, image, likeness, photograph, voice and/or biographical material, included therein or in connection therewith, for any legal purposes whatsoever, including, but not limited to, advertising, publicity and promotional purposes, in any media now known and hereafter invented, including, but not limited to, TFTF’s Sites and social media channels, including without limitation Twitter, Facebook, Instagram, Vine, Tumblr, YouTube, and Google+ (collectively, “Media”). Without limiting the foregoing, you hereby grant Licensees the right to edit, arrange, rearrange, adapt, and combine your User Content with other materials in their sole discretion, including the aforementioned websites, social media channels, and promotional videos. You further, to the extent permissible by law, irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each item of User Content that you submit.

By granting Licensees permission to use your User Content, you represent that you have read, agree to, and understand this entire UA. If you do not consent to these terms and conditions in their entirety, do not post content using the hashtag #technologyforthefuture, or any other TFTF hashtag.

All Site Content and functionality, and all Software underlying the Sites, may be changed or updated by us from time to time, without notice. Although Technology for the Future cannot monitor the conduct of users of the Sites, it is a violation of this UA to use the Sites or any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Sites. Any unauthorized use of the Sites, the Content or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.

Disclaimers.

We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. TFTF retains the right to restrict use of the Sites, in any manner it deems appropriate.

You are solely responsible for your User Content, and hereby agree that you will not hold us responsible or liable for User Content you grant us permission to use. By granting us permission to use the User Content, you represent and warrant that: (a) the User Content you submit is original and was created solely by you, or, if you are not the creator of the User Content, that you have permission from the copyright owner of the User Content to allow you to submit the User Content as permitted by this Agreement; (b) the User Content does not incorporate any material that is owned by anyone other than you (including, for example and without limitation, any artwork, text, copy, trademarks or logos owned by anyone other than you); or that you have obtained all rights necessary to allow you to grant to us the rights granted herein; (c) neither the User Content, nor the use of the User Content by us in accordance with the Agreement hereof will infringe upon or violate the intellectual property rights and/or rights of any other person or entity or violate any applicable laws and regulations; and (d) your User Content complies with the Content Guidelines set forth below. You further represent and warrant that you are eighteen (18) years of age and the age of majority in your state of residence and have the right to make this Agreement. If you are below eighteen (18) years of age and/or the age of majority in your state of residence, you agree that your parent or legal guardian has reviewed and agreed to this Agreement (including all applicable representations and warranties) on your behalf. HOWEVER, NO ONE UNDER THE AGE OF 13 MAY SUBMIT USER CONTENT TO BE DISPLAYED.You are solely responsible for your User Content, and hereby agree that you will not hold us responsible or liable for User Content you grant us permission to use. By granting us permission to use the User Content, you represent and warrant that: (a) the User Content you submit is original and was created solely by you, or, if you are not the creator of the User Content, that you have permission from the copyright owner of the User Content to allow you to submit the User Content as permitted by this Agreement; (b) the User Content does not incorporate any material that is owned by anyone other than you (including, for example and without limitation, any artwork, text, copy, trademarks or logos owned by anyone other than you); or that you have obtained all rights necessary to allow you to grant to us the rights granted herein; (c) neither the User Content, nor the use of the User Content by us in accordance with the Agreement hereof will infringe upon or violate the intellectual property rights and/or rights of any other person or entity or violate any applicable laws and regulations; and (d) your User Content complies with the Content Guidelines set forth below. You further represent and warrant that you are eighteen (18) years of age and the age of majority in your state of residence and have the right to make this Agreement. If you are below eighteen (18) years of age and/or the age of majority in your state of residence, you agree that your parent or legal guardian has reviewed and agreed to this Agreement (including all applicable representations and warranties) on your behalf. HOWEVER, NO ONE UNDER THE AGE OF 13 MAY SUBMIT USER CONTENT FOR DISPLAY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITES, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TFTF EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TFTF MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Limitation of Liability.

USER CONTENT, AS WAS AFOREMENTIONED TO BE THE CONTENT CREATED WITH SPECIFIC HASHTAGS REFERENCING TFTF AND ITS PROGRAMS, WILL NOT BE HELD IN CONFIDENCE. IF YOU DO NOT WISH FOR USER CONTENT TO BE MADE PUBLIC AND/OR DO NOT WISH TO GRANT LICENSEES THE RIGHT TO DISPLAY USER CONTENT ON THE MEDIA (AND RELATED RIGHTS) (INCLUDING ANY CONTENT THAT INCLUDES SENSITIVE AND PERSONAL INFORMATION ABOUT YOU), DO NOT POST ANY SUCH CONTENT WITH THE HASHTAG #TECHNOLOGYFORTHEFUTURE OR ANY OTHER TFTF PROMOTED HASHTAG.

IN NO EVENT SHALL TECHNOLOGY FOR THE FUTURE, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITES (COLLECTIVELY “TFTF  AND ITS AFFILIATES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITES OR ANY LINKED SITE (AS DEFINED BELOW), OR INABILITY TO USE THE SITES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE TFTF AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITES.

YOU UNDERSTAND AND AGREE THAT TFTF AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT TFTF AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITES AS WELL AS THOSE PROVIDED THROUGH OUR PROGRAMS, EVEN IF THERE IS NEGLIGENCE BY TFTF OR AN AUTHORIZED TFTF REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.

YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS OR EQUIPMENT OBTAINED FROM TFTF AND AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT TFTF AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, PRODUCTS, OR EQUIPMENT PROVIDED THROUGH OUR PROGRAMS.

Technology for the Future neither warrants nor represents that your use of Content, Software or any other materials displayed on the Sites will not infringe rights of third parties.

Third Party Websites.

The Sites may provide links to other websites (“Linked Sites”) as a convenience to you. Such Linked Sites are not maintained by TFTF, thus TFTF is not responsible for the content, products, services or policies or activities of those Linked Sites. The inclusion of any link to such Linked Sites does not imply endorsement by TFTF of the Linked Sites.

Third Party Websites Seeking to Hyperlink to the Sites.

We welcome appropriate hyperlinks to our Sites. By publishing a hyperlink to our Sites on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of the Sites and TFTF. If this is not the case, please do not link to any Site. TFTF reserves the right to rescind the right to link to its Sites at its sole discretion.

Use of any Technology for the Future trademark, service mark or other intellectual property or content provided by TFTF for a hyperlink to a Site is permitted and licensed by TFTF solely for the purposes described on the Sites, and you shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by TFTF, you shall immediately remove any hyperlink to the Sites, and discontinue use of any trademarks, service marks or other intellectual property or content provided by TFTF.

Making Donations through Technology for the Future.

TFTF is a non-profit that brings communities together in order to provide students with the resources and technologies they need to learn and seize opportunities. Here, 100% of each donation made through TFTF goes directly to fund the charitable program or campaign for which it was given, including its administrative needs.

Included in the “material cost” (the price of the project exclusive of a fulfillment donation to TFTF operations) are: shipping charges, sales tax, credit card processing fees (regardless of payment method), and the cost of postage and processing for donor thank-you packages. All Donors are subject to the specific Donor terms described below.

All donations are tax deductible to the fullest extent allowed by law. You may view a copy of our annual financial statements and federal tax return by sending us a request at:

Technology for the Future

Attn: Financial Records

P.O. Box 2215

Kernersville, NC 27285

Special Provisions Relating to Donors.

Thank you for your interest in funding a student project at Technology for the Future by donating to a project or creating a new account on the Sites (“Donor”), the following additional terms of the UA apply.

Donor Representations.

By applying to become a Donor, you promise that:

  1. You are a U.S. citizen at least 18 years old or if under 18 years old, or the age of the majority within your state, are acting with parental consent and under parental supervision;
  2. All information you provide to TFTF  is accurate, and you will update the information to keep it accurate; and
  3. You have full rights to any ideas, descriptions, materials, and photos you submit to TFTF, and that you (and not TFTF) are solely responsible for such submission, including its legality and appropriateness, and that all such materials are your original creations and use by TFTF will not infringe on any rights of any third party.
  4. Any donation you make is legal in your jurisdiction.

If you create a Donor gift registry account enabling you and others to contribute funds for a specific project in honor of a named person (for example, contributing funds to honor someone’s birthday, anniversary or other special event), you represent that you have permission of the named person (or permission of their parent, if a minor) to provide their name and other required information for display to prospective donors and other users on the Sites.

Donor Responsibilities.

You will be responsible for the use and maintenance of the confidentiality of your user ID and password (which you will receive upon completing the process of registering as a Donor) for access to Donor-restricted portions of the Sites, and shall not share your ID and password with anyone else. You agree not to use the account, username, or password of another Donor at any time or to disclose your password to anyone else. You agree to exit from your account at the end of each session and to immediately notify TFTF of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account. All suggestions and comments you provide become the intellectual property of TFTF.

In addition to the rights of TFTF described elsewhere in this UA, you agree that descriptions of the proposed activity, the photographs of students and the thank-you notes, and other materials that TFTF may send you regarding each project you fund are solely for your personal, non-commercial use and may not be distributed, displayed or copied in any way. Recognizing the critical importance of these restrictions in protecting the rights and privacy of the participants, you agree that any breach by you of any of these restrictions may cause TFTF and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that TFTF may immediately seek an injunction against you to stop your distribution, display, or copying of any such materials and you waive any objection to the scope or venue of such an action.

Services Provided by TFTF.

We review and verify each student application before we post it on the Sites for Donors to view. Our efforts include, but are not limited to, screening the student application for compliance with the Technology for the Future scholarship requirements, ensuring addresses that have been provided for the school system are correct school locations, confirming the credibility and also protecting the privacy of each student. Whenever practical, we purchase the necessary materials ourselves and arrange for them to be delivered to the student’s home. For donations of $100 or more, we arrange to the best of our ability for a Thank-you letter both from us and the benefiting student or program, to be sent after the completed transaction.

Sometimes the specific components included in a student’s application (essay or video) change after we receive your donation. In the unusual case that this happens, TFTF will review the student’s application. If our review determines that the modified application is reasonably similar to the original version, we will use the funds that you donated for the the same student. If we determine that the modified application is not reasonably similar, or has altogether been removed, we will will return your donation in the form of a TFTF Gift Card. You may use this Gift Card to fund an alternate student or other program promoted by the Sites.

We take reasonable steps to protect the privacy of any personal and financial information you may provide to us when you donate through the Site as described in our Privacy Policy.

TFTF reserves the right to exclude any Donor from use of the Sites, in TFTF’s sole discretion. All directions and requirements stated on the Sites regarding Donors or donations shall apply to any donation offered or made by you.

Disclaimers.

If, by some chance of insufficient funds allowed for allotment to a specific applicant, the specific applicant is not able to receive the scholarship within the allotted time, technologyforthefuture.org, donations are returned to donors in the form of account credits. A donor can use account credits to choose a new project to fund within 30 days of receiving the credits. After 30 days, Technologyforthefuture.org will apply the account credits to a project in urgent need, on behalf of the donor.

If, for any other reason, the student’s application cannot move forward (i.e. the student would like to be removed from our program, the student’s parents withdraw their consent, or the student is no longer in good standing with TFTF, etc.), all donations made towards the student will be returned to the Donor as account credits which will then follow the procedure outlined above.

In rare instances, a student will fail to return communication after they have successfully been awarded the scholarship by TFTF. In this instance, all Donors will be notified by TFTF.

TFTF cannot be responsible for the success of any proposed or funded scholarships or for the activities (or lack thereof) of the Teachers, community partners, or students participating in any proposed or funded projects.

Special Provisions for Volunteers, Supporters, and Advocates.

Thank you for your interest in volunteering for Technology for the Future by assisting in marketing, raising awareness, generating donations, and overall supporting the cause.  Through promoting a project or creating an account on the Sites (“Advocate” or “Volunteer”), the following additional terms of the UA apply.

Advocate and  Volunteer Representations.

By applying to become an Advocate, you promise that:

  1. You are at least 18 years old or if under 18 years old are acting with parental consent and under parental supervision;
  2. All information you provide to TFTF  is accurate, and you will update the information to keep it accurate; and
  3. You have full rights to any ideas, descriptions, materials, and photos you submit to TFTF, and that you (and not TFTF) are solely responsible for such submission, including its legality and appropriateness, and that all such materials are your original creations and use by TFTF will not infringe on any rights of any third party.
  4. Any donation you make is legal in your jurisdiction.

If you create advocate project within your account enabling you and others to contribute funds for a specific project in honor of a named person (for example, contributing funds to honor someone’s birthday, anniversary or other special event), you represent that you have permission of the named person (or permission of their parent, if a minor) to provide their name and other required information for display to prospective donors and other users on the Sites.

Advocate and Volunteer  Responsibilities.

In the case of creation of a username and password, you will be responsible for the use and maintenance of the confidentiality of your user ID and password (which you will receive upon completing the process of registering as a Donor) for access to Donor-restricted portions of the Sites, and shall not share your ID and password with anyone else. You agree not to use the account, username, or password of another Donor at any time or to disclose your password to anyone else. You agree to exit from your account at the end of each session and to immediately notify TFTF of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account. All suggestions and comments you provide become the intellectual property of TFTF.

In addition to the rights of TFTF described elsewhere in this UA, you agree that descriptions of the proposed activity, the photographs of students and the thank-you notes, and other materials that TFTF may send you regarding each project you fund and promote are solely for your personal, non-commercial use and may not be distributed, displayed or copied in any way. The only information that is allowed by the UA to be distributed is the different pages of the Sites that will be linked to your account for the purposes of attributing credit where it’s due. Recognizing the critical importance of these restrictions in protecting the rights and privacy of the participants, you agree that any breach by you of any of these restrictions may cause TFTF and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that TFTF may immediately seek an injunction against you to stop your distribution, display, or copying of any such materials and you waive any objection to the scope or venue of such an action.

Services Provided by TFTF.

We review and verify each student application before we post it on the Sites for Advocates and Volunteers (among others) to view. Our efforts include, but are not limited to, screening the student application for compliance with the Technology for the Future scholarship requirements, ensuring addresses that have been provided for the school system are correct school locations, confirming the credibility and also protecting the privacy of each student. Whenever practical, we purchase the necessary materials ourselves and arrange for them to be delivered to the student’s home. For donations of $100 or more, we arrange to the best of our ability for a Thank-you letter both from us and the benefiting student or program, to be sent after the completed transaction. For raising funds through the advocate system, rewards are regularly granted and we arrange to the best of our ability to also send the appropriate thank-you letter.  

Sometimes the specific components included in a student’s application (essay or video) change after we receive your donation or have initiated your own project with the student. In the unusual case that this happens, TFTF will review the student’s application. If our review determines that the modified application is reasonably similar to the original version, we will use the funds that you donated for the the same student. If we determine that the modified application is not reasonably similar, or has altogether been removed, we will will return your donation in the form of a TFTF Gift Card. You may use this Gift Card to fund an alternate student or other program promoted by the Sites. We ask that you account for potential changes when engaging in creating your own projects that encompass a student’s application.

We take reasonable steps to protect the privacy of any personal and financial information you may provide to us when you donate and are rewarded through the Site as described in our Privacy Policy.

TFTF reserves the right to exclude any Advocate or Volunteer from use of the Sites, in TFTF’s sole discretion. All directions and requirements stated on the Sites regarding Advocates, Donors, Community Partners, or donations shall apply to any donation offered or made by you.

Disclaimers.

If, by some chance of insufficient funds allowed for allotment to a specific applicant, the specific applicant is not able to receive the scholarship within four months of applying on technologyforthefuture.org, donations are returned to donors in the form of account credits. A donor can use account credits to choose a new project to fund within 30 days of receiving the credits. After 30 days, Technologyforthefuture.org will apply the account credits to a project in urgent need, on behalf of the donor.

If, for any other reason, the student’s application cannot move forward (i.e. the student would like to be removed from our program, the student’s parents withdraw their consent, or the student is no longer in good standing with TFTF, etc.), all donations made towards the student will be returned to the Donor or Advocate as account credits which will then follow the procedure outlined above.

In rare instances, a student will fail to return communication after they have successfully been awarded the scholarship by TFTF. In this instance, all Donors will be notified by TFTF.

TFTF cannot be responsible for the success of any proposed or funded scholarships or for the activities (or lack thereof) of the Teachers or students participating in any proposed or funded projects.

Special Provisions for Community Partners.

Thank you for your interest in becoming a community partner with TFTF, through technologyforthefuture.org. By clicking the “Submit” button during the process to sign up for the affiliation, the following additional terms of the UA apply to those users who submit the appropriate form/information on the Sites (“Organization Form”):

Community Partner Representations.

By submitting the form with the appropriate information, you promise that:

  1. You are a member that is qualified to submit the required information on behalf of your organization;
  2. You are a member of an organization that is dedicated to promoting the wellbeing of children, and can provide references if asked;
  3. Any information you submit are solely for you and students you work with and are not on behalf of any other organization or program; and
  4. You have full rights to any ideas, descriptions, materials, and photos you submit to TFTF, and that you (and not TFTF) are solely responsible for such submission, including its legality and appropriateness, and that all such materials are your original creations and use by TFTF will not infringe on any rights of any third party.

Community Partner Responsibilities.

If a username/user ID and password are created, you will be responsible for the use and maintenance of the confidentiality of your user ID and password for access to Affiliate-restricted portions of the Sites, and shall not share your ID and password with anyone else. You agree not to use the account, username, or password of another Member at any time or to disclose your password to anyone else. You agree to only have one account; please note that multiple accounts are prohibited. You agree to exit from your account at the end of each session and to immediately notify TFTF of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account.

In addition to the rights of TFTF described elsewhere in this UA, you agree that descriptions or any other materials provided either by your own organization or TFTF, including, but not limited to the photographs of students and the thank-you notes, and other materials that TFTF may send you regarding any progress associated with students within your community are solely for your personal, non-commercial use and may not be distributed, displayed or copied in any way. You agree to provide student thank-you notes that do not contain any of the personal information that will identify the student. Recognizing the critical importance of these restrictions in protecting the rights and privacy of the participants, you agree that any breach by you of any of these restrictions may cause TFTF and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that TFTF may immediately seek an injunction against you to stop your distribution, display, or copying of any such materials and you waive any objection to the scope or venue of such an action.

From time to time, TFTF or a third party on TFTF’s behalf may send you emails regarding important information regarding your use of the Sites. Even if the electronic communication system that sends such emails to your account contains an “opt-out” feature, you acknowledge and agree that it is your responsibility to be aware of the information contained in these emails.

Rights You Grant to Technology for the Future.

While you retain ownership in the works you create (except for the photographs you take, as discussed below), as to all information or materials created by you and communicated or submitted to TFTF through the Sites and all materials (except for the photographs) which you send to TFTF after the completion of any agreed-upon action with TFTF, including, but not limited to, online events, fundraising events, speaking events, etc. (collectively “events”), you hereby grant to TFTF a perpetual, irrevocable, worldwide, non-exclusive, fully paid and fully sublicensable license to use the submission and event materials, and portions thereof, in furtherance of TFTF’s purposes and activities and to promote TFTF and its programs, in any medium, and TFTF may copy, publish, display, create derivative works and make other uses of the submission and project materials (in whole or in part) and license others to do the same, for TFTF’s purposes, whether or not your proposal is funded.

TFTF reserves the right to exclude any Community Partners from use of the Sites, in TFTF’s sole discretion.

Your Responsibilities Should Your Proposed Event Be Approved and Funded.

If your proposed event is approved by TFTF (in TFTF’s sole discretion), posted on a Site and funded, you agree to use the materials or funds received solely as stated in the proposal and in a manner directed by TFTF. TFTF will provide additional agreements which you will be responsible for upholding, in addition to continuing to agree with this UA. You agree that requested resources will be used by students or to provide a student experience as described in your proposal. You agree to take into your own responsibility any parental consent that may be needed and thus release TFTF from any liability associated with the products, or use thereof, or funds once they are transferred into your possession.

In order to send us a return thank-you and photos of your students which will be identifiable, you agree to provide each student with our press-release permission slip, and to exert reasonable efforts to ensure each child returns the permission slips signed by their parent or legal guardian. Regardless of how many projects TFTF funds for your class each school year, only one permission slip per student, per school year, per Community Partner need be collected.

You will make a reasonable effort to take photos of students who have returned a signed TFTF Permission Slip and shall provide each signed Permission Slip to TFTF upon request. You agree that only students who have provided signed Permission Slips will be included in the photographs of the project that you submit to TFTF. You will use TFTF’s funds and materials only for the project TFTF has approved, and agree to follow all other instructions as provided or directed by TFTF regarding the funded project. You understand that the promptness and thoroughness with which you return the photographs and thank-you notes may effect how many proposals you are allowed to submit in the future.

Disclaimers.

TFTF will not be required to treat any Submission or Event Materials as confidential.

Termination.

You may terminate this UA by destroying all materials obtained from the Sites, cancelling your Donor, Volunteer, Student-Affiliate, or Community Partner account, as applicable, and stopping all use of the Sites. TFTF may terminate this UA immediately at will for any reason, in its sole judgment, without warning or prior notice. Upon termination, you must destroy all materials obtained from the Sites and stop all use of the Sites.

Miscellaneous.

This UA is governed by the laws of the State of North Carolina, USA and controlling United States federal law without regard to its choice of law or conflicts of law provisions. You agree that any action to resolve or enforce any dispute or arbitration award regarding use of the Sites or this UA will be brought exclusively in the federal or State courts located in Kernersville, North Carolina. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

Resolution of Disputes.

THIS UA CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.

Any controversy or claim arising out of or relating use of any Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator to be mutually chosen by you and TFTF. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Kernersville, North Carolina, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in Kernersville, North Carolina, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or TFTF may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in Kernersville, North Carolina, as may be necessary to protect the rights or property of you or TFTF pending the completion of arbitration.

Indemnification.

You agree to indemnify and hold TFTF and its Affiliates harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your use of any Site in breach or violation of any term of this UA; (2) your violation of any law or regulation; (3) breach of your representations and warranties as set forth herein; or (4) any content you provide to TFTF.

Contact Technology for the Future.

If you have any questions about the Sites or this UA, you may contact us via e-mail at mission@technologyforthefuture.org. We are always glad to hear your questions and comments.

Entire Agreement.

This UA, including the terms specifically applicable to Donors, Advocates, Volunteers, Students, and Community Partners, and other policies and notices TFTF may post on the Sites necessary for access to Donor, Advocate, Student and Community Partner portions of the Sites, constitute the entire agreement between TFTF and you in connection with your use of the Sites, hyperlinks to the Sites and the Content and Software displayed on the Sites, and supersedes any prior agreements between TFTF and you regarding such matters, including prior versions of this UA. TFTF may update this UA from time to time by posting revised versions of this UA on the Sites, without notice to you except that the effective date at the top of this UA will change and your subsequent use of the Site is governed by that new UA. The terms of this UA are effective until terminated by TFTF, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in this UA will survive.

This User Agreement was last updated on 11/16/2017.