Welcome to FutureMoney. Our mission is to democratize access to financial products and strategies designed to expedite wealth accumulation. Below, you'll find the rules and limitations that regulate your usage of our website(s), products, services, and applications (collectively, the "Services"). If you have any inquiries, comments, or concerns about these terms or the Services, feel free to contact us at:
Email: support@futuremoney.co
Future Money Inc. address: 1 Washington St., #1553, Boston, MA 02108
FutureMoney RIA, LLC address: 500 North Commercial Street, Suite 502 Manchester, NH 03101
These Terms of Use (the "Terms") are a legally binding contract between you and FUTURE MONEY INC. ("FutureMoney," "we," and"us"). Your use of the Services in any capacity indicates your agreement to all of these Terms, which will remain in force for the duration of your use of the Services. These Terms include the provisions in this document and those within the Privacy Policy. The use of or participation in particular Services may also be subject to additional policies, rules, and/or conditions ("Additional Terms"), which are incorporated herein by this reference. You understand and agree that by using or participating in such Services, you also agree to comply with these Additional Terms.
We strongly urge you to read these Terms thoroughly. They provide crucial information about the Services offered to you and any charges, taxes, and fees we may bill you. These Terms include information about future changes to theseTerms, automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court. PLEASE BE AWARE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IFYOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Agreement to Terms
By using the website www.futuremoney.co or the mobile application and the services provided therein (collectively referred to as "the Services"), you agree to abide by these Terms of Use ("Terms"). These Terms constitute a legally binding agreement between you, the user, and FutureMoney.
If you find yourself disagreeing with the updated Terms, you are at liberty to reject them; regrettably, this means that you will no longer be able to use the Services. If you continue to use the Services in any manner after the changes to the Terms have come into effect, it signifies that you accept all of the modifications.
Aside from changes initiated by us as detailed here, no other amendment or modification of these Terms will be valid unless it is in writing and signed by both you and us.
Changes to Terms
FutureMoney reserves the right to revise these Terms at any time without notice but if we do so, will will do our best to inform you. This could be through a notice on our website at futuremoney.co, updating the terms on our website, an email, and/or informing you through other appropriate means. By continuing to access or use the Services after revisions become effective, you agree to abide by the revised Terms.
Privacy Policy
FutureMoney takes the privacy of its users very seriously. Please refer to our Privacy Policy for information about how we collect, use, and disclose your information.
Children’s Online Privacy Protection Act
FutureMoney is committed to complying with the requirements of the Children’s Online Privacy Protection Act (“COPPA”). We do not knowingly collect or solicit personally identifiable information from children under the age of 13. When we collect information about children such as names, dates of birth, or other relevant details required to offer our services, we do so directly from parents or authorized guardians. By providing this information, parents or authorized guardians consent to FutureMoney storing and processing this information in compliance with COPPA. In the event that we discover that personal information has been inadvertently collected from a child under the age of 13 without verifiable parental consent, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information without parental consent, please contact us at support@futuremoney.co.
Using the FutureMoney Service
You may be required to create an account with your email or phone ("FutureMoney User ID"), providing us with certain necessary information such as your contact details. You are committed to providing us with accurate, complete, and updated registration information. It is not permitted to provide another person's name with the intention of impersonating that person. Without our prior written consent, you are prohibited from transferring your account to anyone else.
Moreover, you may be able to access certain parts or features of the Services using your account credentials from other services (each, a "Third Party Account"), such as Google or Plaid. By accessing our Services through a Third Party Account, you authorize us to access specific information from such account for use by our Services. You have the power to control the extent of information accessible to us and can adjust this by modifying your privacy settings on your Third Party Account.
When you "link accounts" as part of the Service, FutureMoney will establish a connection to a third-party financial institution that you identify, such as Plaid. You need to authorize and permit FutureMoney's partners to use and store information submitted by you to successfully link and add the account ("Linked Account" or "Funding Account"). By accepting these terms and conditions, you expressly authorize FutureMoney and/or our third-party processor partners to initiate ACH credit and/or debit transactions between your Funding Accounts and your FutureMoney accounts. These transactions will either be manually initiated on the FutureMoney Website by you or through your confirmation of a recurring funding plan. You retain control over the amount and frequency of funding.
By linking these accounts or authorizing FutureMoney and its partners to access your Third Party Account information, you consent to the processing of yourThird Party Account information and any other personal data you provide necessary to retrieve such Third Party Account information, in accordance with our Privacy Policy, as permitted by law and in connection with FutureMoney's use of your Third Party Account information to provide our Services to you.FutureMoney is not responsible for the Third Party Account information or products and services offered by or on third-party sites.
You affirm and warrant that you are of legal age to enter into a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and have your parent or guardian agree to these Terms on your behalf).
You may only use the Services for your personal, non-commercial use, in compliance with all applicable laws. You may only use this product if you are a resident of the United States and are legally eligible to use these types of services. If your use of the Services is prohibited by relevant laws, then you are not authorized to use the Services. We cannot and will not be held responsible for your using the Services in a manner that violates the law.
In addition to the aforementioned terms, please note that individuals identified as Politically Exposed Persons (PEPs), family members of a PEP, insiders, those affiliated with the Financial Industry Regulatory Authority (FINRA),individuals affiliated with an exchange, or individuals affiliated with a public company where the user serves as a director, board member, executive, or holds an ownership stake greater than 10% are not eligible to use our services.If such individuals wish to use our product, they are required to obtain prior written consent from FutureMoney. This measure is in place to ensure compliance with regulatory and ethical standards and to maintain the integrity of our platform and services.
You must not share your FutureMoney login credentials with anyone, and you are responsible for securing your FutureMoney Account and any other access tools or credentials. Any activity associated with your FutureMoney account is your responsibility.
Consent to communication
As part of our Services, you may receive communications through the platform, including messages that FutureMoney sends to you (for example, via email or SMS). Upon signing up for the Services, you will receive a welcome message, which will also contain instructions on how to opt-out of receiving these messages. By signing up for the Services and providing us with your contact number, you confirm that you wish to receive from FutureMoney information about your account or transactions with us, which may involve FutureMoney using automated dialing technology to send texts to the contact number you provided.By agreeing to receive these communications, you represent and warrant that each person you register for the Services or for whom you provide a contact number has consented to receive communications from FutureMoney. You agree to indemnify and hold FutureMoney harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your violation of this provision.
Content
The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”). FutureMoney does not take responsibility for all Content you may encounter in your use of the Services. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content.
Prohibited Conduct and Restrictions
You represent, warrant, and agree that you will not contribute anything, including any Content (as defined below), to the platform, or otherwise use or interact with the platform, in a manner that:
- infringes or violates the intellectual property rights or any other rights of anyone else (including FutureMoney);
- violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by FutureMoney;
- is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- jeopardizes the security of your FutureMoney account or anyone else’s (such as allowing someone else to log in to the platform as you);
- attempts, in any manner, to obtain the account or other security information from any other user;
- violates the security of any computer network, or cracks any passwords or security encryption codes;
- runs Maillist, Listserv, any form of auto-responder or "spam" on the platform, or any processes that run or are activated while you are not logged into the platform, or that otherwise interfere with the proper working of the platform (including by placing an unreasonable load on the platform’s infrastructure);
- "crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the platform or Content (through use of manual or automated means);
- copies or stores any significant portion of the Content; or
- decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the platform.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Intellectual Property and Content Use
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (includingFutureMoney's) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using theServices. Use, reproduction, modification, distribution or storage of anyContent for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that FutureMoney owns the Services. You won’t modify, publish, transmit, participate in the transferor sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. TheServices may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
User Responsibilities and Interactions with Third Parties
As a user of our Services, you are solely responsible for any information or Content, whether publicly posted or privately transmitted, that originates from your activity. Accessing this information or Content is done at your own risk, and FutureMoney is not liable for any errors, omissions, or any damages or losses that may occur in connection with such information or Content. We don't have control over how you may interpret, use, or react to the Content. We also can't guarantee the identities of any users you interact with while using our Services and are not responsible for who has access to the Services.
You ensure that you have all necessary rights to contribute to the Services inthe way you choose, and you are responsible for all the Content you contribute.
Our Services may lead you to third-party websites or services outside FutureMoney's control. Please be aware that accessing these third-party websites or using their services carries inherent risks, for which FutureMoney is not responsible. We don't control or assume responsibility for the content, accuracy, privacy policies, practices, or opinions expressed on any third-party websites or by any third party you interact with through our Services. We urge you to read and comprehend the terms, conditions, and privacy policies of each third-party website or service you visit or utilize. By using our Services, you release FutureMoney from any liability resulting from your use of any third-party website or service.
Any interactions with organizations or individuals found on or through ourServices, including payment and delivery of goods or services, are solely between you and the respective parties. Conduct any investigations you deem necessary before proceeding with any online or offline transactions with these third parties. FutureMoney is not responsible or liable for any loss or damage resulting from these dealings.
In case of any disputes between participants on this site, or between users and any third party, you acknowledge that FutureMoney is not obligated to become involved. If you find yourself in a dispute with one or more other users, you release FutureMoney, its directors, officers, employees, agents, and successors from claims, demands, and damages of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, related to such disputes and/or our Services. By agreeing to these terms, you waive any rights under California Civil Code Section 1542 or any similar law of any jurisdiction, which generally states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Changes to Services
At FutureMoney, our objective is to continuously enhance our Services.Consequently, the nature of our Services may evolve over time. We reserve the right to suspend or discontinue any portion of our Services, introduce new features, or impose limitations on certain features. Additionally, we may restrict access to some or all parts of our Services. While we aim to provide advance notice when changes significantly impact our Services, it isn't always feasible to do so. Moreover, we maintain the authority to eliminate any Content from our Services at any time, for any reason. This includes situations where the Content is alleged to violate these Terms. These actions can be undertaken at our discretion and may occur without prior notice.
Termination of Use; Discontinuation and Modification of the Services
At FutureMoney, we reserve the right to discontinue our Services at any time or to terminate any individual account without prior notice and without providing a specific reason. Should we choose to terminate an account, the account holder will receive any remaining balance, adjusted for any outstanding fees. Please note, the decision to cease services or terminate an account falls solely within our discretion and can be enacted at any moment.
Wrap fee
FutureMoney RIA charges an asset-based wrap fee that covers the costs of its investment advisory services as well as associated trading and custody services. FutureMoney RIA clients pay a $48 per year wrap fee (“Subscription Fee”), or $5 monthly fee, after a 30-day free trial. If at the annual anniversary of their account creation date, a client’s Total Account Balance (as defined below) exceeds $20,000, that client will pay an annualized wrap fee of 0.25% their Total Account Balance (“Management Fee”) instead of the $48 per year or $5 monthly wrap fee. “Total Account Balance” is the combined account balance of a client’s FutureMoney RIA accounts.
The Subscription Fee is collected by Future Money Inc. from the client’s bank account on file. To process billing of the Subscription Fee via recurring annual ACH debit ("Payment Method"), Future Money Inc. contracts with Stripe as a third-party payment processor (“Payment Processor”). Stripe is licensed and regulated as a money transmitter. Their Terms of Service can be found here and their Privacy Policy here. By choosing to use our services, you agree to pay us, through the Payment Processor, all charges at the current prices.
A portion allocable to FutureMoney RIA (the “Advisory Fee”) of $1 annually is paid out from the Subscription Fee. The Management Fee is collected by FutureMoney RIA, and is deducted from the assets in the investment account(s) monthly. We reserve the right to waive or reduce the Subscription Fee and/or Management Fee for any client, at our sole discretion.
If for any reason the Subscription Fee is unable to be collected from the client’s bank account, we reserve the right to sell assets within their investment accounts and charge the fee to the investment accounts, without putting any account into a net debit position.
As a general matter, the more money you invest with us the more fees you will pay; therefore, we have an incentive to encourage you to increase your assets in your account. You will pay fees and costs whether you make or lose money on your investments. Fees and costs will reduce any amount of money you make on your investments over time.Please make sure you understand what fees and costs you are paying. Clients should be aware that our offering is designed for individuals who make frequent recurring investments. The Fee Schedule is not appropriate for individuals looking to make few or infrequent small-dollar investments. Depending on your situation, FutureMoney RIA’s fees may be higher than those of advisors who provide the same or similar services.
Clients are charged a single monthly wrap fee and all transaction costs are paid by FutureMoney RIA from the proceeds of the collective Advisory Fees and Management Fees. The advisory and other services that are reflected in the Subscription Fee may exceed the costs of similar services purchased separately.
Other Types of Fees or Expenses
The Firm is responsible for and shall pay, or cause to be paid, all of their own ordinary administrative and overhead expenses, including, without limitation, all costs and expenses related to rent, furniture, fixtures, equipment, office supplies, clerical expenses and all salaries, bonuses and benefits paid to, or on behalf of, personnel of the Firm.
Neither the Firm nor its employees accept compensation, including sales charges or service fees, from any person for the sale of securities or other investment products. Clients should be aware that their portfolios may be constructed with ETFs and/or mutual funds that negatively impact client performance, even though neither FutureMoney Inc. nor FutureMoney RIA participate in earning any revenue from those inherent costs.
ETFs charge fees to cover the costs of managing the underlying ETF in the form of an expense ratio. These fees typically cover the ETF’s operating expenses, management fees, marketing costs, custodial fees, etc. These fees are entirely separate and distinct from the fees paid to FutureMoney for its wrap fee program. The expense ratio of each ETF included in the portfolios is outlined in the respective ETF prospectus.
Although FutureMoney RIA reserves the right to waive or reduce any of its fees at its sole discretion, we are unable to waive fees associated with the expense ratios of the ETFs comprising the portfolios. FutureMoney RIA does not charge performance fees.
Recurring Billing: By choosing a recurring payment plan, you accept responsibility for all recurring charges prior to cancellation.
Current Information Required: You must provide current, complete, and accurate information for your billing account. If your Payment Method is canceled or if you become aware of a potential security breach, such as unauthorized use of your username or password, you must promptly notify us or our PaymentProcessor.
Change in Amount Authorized: If the amount to be charged to your account variesfrom the amount you preauthorized, you have the right to receive notice of theamount to be charged and the date of the charge.
Auto-Renewal for Paid Services: Unless you opt out of auto-renewal, any Paid Services you are subscribed to will automatically extend for successive periods of the same duration, at the current non-promotional rate. If you do not want to continue being charged on a recurring basis, you must cancel the applicablePaid Service or terminate your FutureMoney account before the end of the recurring term.To continue using our services, you are responsible for paying all relevant fees. Be aware that opting for text message notifications may incur data and messaging charges. You are solely responsible for all such charges, fees, or costs. Check with your wireless carrier for associated costs.
Free Trials and Other Promotions: Any free trial or other promotion providing access to a Paid Service must be used within the specified trial period. You must stop using a Paid Service before the trial period ends to avoid being charged. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at support@futuremoney.co.
Taxpayer Certification
Under penalties of perjury, you certify that all the statements below are true:
- You have provided my correct Social SecurityNumber or Taxpayer Identification Number.
- You are not subject to backup withholding because
(a) You are exempt from backup withholding or
(b) You have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or
(c) the IRS has notified you that you are no longer subject to backup withholding. - You are exempt from FATCA reporting for this account.
Quarterly Delivery of Trading Confirmations ("QCR") Certification
I consent to receiving a quarterly trading confirmation report ("QCR") instead of separate confirmations for each trade placed in the account. Furthermore, I understand that the account will not pay a different fee based on the decision to initiate QCR Delivery; that executing the instruction to initiate QCR Delivery is not a condition to entering into or continuing participation in an account over which a fiduciary exercises.
Beneficiary designation
The beneficiary of all accounts will by default be recorded as account owner, unless a change is requested by client. Please reach out to support@futuremoney.co to update beneficiary information if required.
Dwolla Terms of Service
In order to use the payment functionality of our application, you must open a "Dwolla Account" provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla's financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize us to collect and share with Dwolla your personal information including name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for you Dwolla Account activity, and can be reached at support@futuremoney.co.
Account Termination
At FutureMoney, we offer two options regarding your account status: Pausing or Closing your account.
Closing Your Account: Should you wish to close your account permanently, you're free to do so at any time. Just contact us at support@futuremoney.co to initiate the process. Please refer to our Privacy Policy and the licenses above to understand how we treat your data after you've stopped using our Services. Please be aware that closing your account may result in the deletion of any Content associated with your account. We advise you to carefully consider this consequence before proceeding with the account termination.
In case you've accidentally deleted your account, contact us immediately at support@futuremoney.co – we'll do our best to assist, but please note that we cannot guarantee the recovery or restoration of your data.
FutureMoney reserves the right to terminate or suspend access to your account and your use of our Services for any reason, at our discretion. This includes violations of these Terms. The decision to deem whether a violation has occurred rests solely with FutureMoney.
Provisions that inherently extend beyond the termination of these Terms shall survive termination. For instance, any obligation on your part to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement, will all continue to apply after account termination.
Application Availability and Additional Terms
You understand and agree that the availability of FutureMoney's mobile application depends on the third-party platforms from which you download the application, such as Apple's App Store or Google's Android app market (each referred to as an "App Store"). Each App Store may have its own terms and conditions that you must agree to prior to downloading mobile applications from their platform. You commit to comply with such App Store terms and conditions. Your license to use our application is contingent upon this compliance. If there are conflicting or more restrictive terms in these Terms of Use compared to the App Store's terms, the terms in these Terms of Use will prevail.
While these Terms are applicable to your usage of all our Services, including our iOS applications (the "Application") available via the Apple,Inc. ("Apple") App Store, the following additional terms also apply to the Application:
- Both you and FutureMoney acknowledge that these Terms are an agreement between you and FutureMoney, and not with Apple. Apple holds no responsibility for the Application or the Content.
- The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, primarily for personal, non-commercial use, subject to these Terms as they apply to the Services.
- You will use the Application solely in connection with an Apple device that you own or control.
- You understand and agree that Apple has no obligation whatsoever to furnish any maintenance and support services concerning the Application.
- If the Application fails to conform to any applicable warranty, you may notify Apple. Upon notification, Apple's sole warranty obligation will be to refund the purchase price of the Application, if any.
- You acknowledge and agree that FutureMoney, not Apple, is responsible for addressing any claims you or any third party may have concerning the Application.
- In the case of a third-party claim that the Application or your use of the Application infringes upon intellectual property rights, FutureMoney, not Apple, will manage any investigation, defense, settlement, and discharge of such an infringement claim.
- You represent and warrant that you are not located in a country under a U.S. Government embargo or one designated by the U.S. Government as a "terrorist supporting" country. You also affirm that you are not listed on any U.S. Government list of prohibited or restricted parties.
- You and FutureMoney both agree to comply with any applicable third-party terms of agreement that might be affected by the use of the Application.
- Both you and FutureMoney acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of theseTerms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
Warranty Disclaimer. FutureMoney and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (FutureMoney and all such parties together, the “FutureMoney Parties”) provide no guarantees or warranties concerning the Services, including without limitation regarding any Content accessed through the Services. The FutureMoney Parties will not beheld responsible or liable for the accuracy, copyright compliance, legality, or decency of material accessed through the Services or for any claims, actions, suits, costs, expenses, damages or liabilities arising out of your use of or involvement in the Services. The FutureMoney Parties offer no guarantees or warranties regarding suggestions or recommendations of services or products acquired through or in connection with the Services. THE SERVICES AND CONTENTA RE PROVIDED BY FUTUREMONEY (AND ITS LICENSORS AND SUPPLIERS) 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, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE FUTUREMONEY PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND,INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSSOF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT,IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) FIFTY ($50) DOLLARS OR (II)THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO FUTUREMONEY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D)ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold the FutureMoney Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from orin any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account i.e. your email address (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without FutureMoney’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with FutureMoney and limits the manner in which you can seek relief from FutureMoney. Both you and FutureMoney acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, FutureMoney’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms,Personnel will have the right (and will be deemed to have accepted the right)to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Wilmington, Delaware. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. FutureMoney will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. FutureMoney will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or FutureMoney may assert claims, if they qualify, in small claims court in Wilmington,Delaware or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at anytime, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND FUTUREMONEY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OFA JUDGE OR A JURY. You and FutureMoney are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you andFutureMoney over whether to vacate or enforce an arbitration award, YOU AND FUTUREMONEY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER ORUSER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor FutureMoney is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 1 Washington St. #1553, Boston, MA 02108, postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/orin any circumstances where the foregoing arbitration agreement permits either you or FutureMoney to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and FutureMoney agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Wilmington, Delaware.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with FutureMoney.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that FutureMoney may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and FutureMoney agree that these Terms are the complete and exclusive statement of the mutual understanding between you and FutureMoney, and that these Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of FutureMoney, and you do not have any authority of any kind to bind FutureMoney in any respect whatsoever.
Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and FutureMoney agree there are no third-party beneficiaries intended under these Terms.
Contact Information
If you have any questions about these Terms, please contact us at support@futuremoney.co
