Terms & Privacy

Terms of Use

Last Updated: January 15, 2020

These Terms of Use (“Terms”) apply to your access to and use of the website (the “Site”) provided by Common Future (“CF,” or “we”). By using our Site, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 11. If you do not agree to these Terms, do not use our Site.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Site or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site.

If you have any questions about these Terms or our Site, please contact us at info@commonfuture.co.

1. Privacy

For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy below.

2. Eligibility

You must be at least 18 years of age to use our Site. If you use our Site on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

3. Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Site. You will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Impersonate or otherwise misrepresent your affiliation with a person or entity;
  • Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Site, except as expressly permitted by us or our licensors;
  • Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
  • Use our Site other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site in any manner;
  • Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
  • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Site, except as expressly permitted by CF;
  • Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; or
  • Use our Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

Enforcement of this Section 3 is solely at CF’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.  In addition, this Section 3 does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.

4. Ownership; Limited License

The Site, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by CF or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site for your own personal, noncommercial use. Any use of the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

5. Trademarks

“COMMON FUTURE” and our logos, our product or service names, our slogans and the look and feel of the Site are trademarks of CF and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

6. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about CF or our Site (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in CF’s sole discretion. You understand that CF may treat Feedback as nonconfidential.

7. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Site (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. CF does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

8. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless CF from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Site; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your conduct in connection with the Site. You agree to promptly notify CF Parties of any third-party Claims, cooperate with CF in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that CF will have control of the defense or settlement, at CF’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and CF.

9. Disclaimers

Your use of our Site is at your sole risk. Except as otherwise provided in a writing by us, our Site and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, CF does not represent or warrant that our Site are accurate, complete, reliable, current or error-free. While CF attempts to make your use of our Site and any content therein safe, we cannot and do not represent or warrant that our Site or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Site.

10. Limitation of Liability

(a) To the fullest extent permitted by applicable law, CF and the other CF Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if CF or the other CF Parties have been advised of the possibility of such damages.

(b) The total liability of CF and the other CF Parties for any claim arising out of or relating to these Terms or our Site, regardless of the form of the action, is limited to $100.00.

(c) The limitations set forth in this Section 10 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of CF or the other CF Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

11. Dispute Resolution; Binding Arbitration

(a) Please read the following section carefully because it requires you to arbitrate certain disputes and claims with CF and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

(b) No Representative Actions. You and CF agree that any dispute arising out of or related to these Terms or our Site is personal to you and CF and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

(c) Arbitration of Disputes. Except for small claims disputes in which you or CF seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or CF seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and CF waive your rights to a jury trial and to have any dispute arising out of or related to these Terms, our privacy policy, privacy and data security claims, or our Site resolved in court. Instead, for any dispute or claim that you have against CF or relating in any way to the Site, our privacy policy, or privacy and data security claims, you agree to first contact CF and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to CF by email at info@commonfuture.co or by certified mail addressed to 2323 Broadway, Oakland, CA 94612. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and CF cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held Alameda County, California or may be conducted telephonically or via video conference for disputes alleging damages less than $1,000.00, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and CF agree that these Terms affect interstate commerce and that the enforceability of this Section 11 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The arbitrator, CF, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and CF agree that for any arbitration you initiate, you will pay the filing fee and CF will pay the remaining JAMS fees and costs. For any arbitration initiated by CF, CF will pay all JAMS fees and costs. You and CF agree that the state or federal courts of the State of California and the United States sitting in Alameda County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

(d) Any claim arising out of or related to these Terms or our Site must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and CF will not have the right to assert the claim.

(e) You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 11 by emailing us at info@commonfuture.co. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 12.

If any portion of this Section 11 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 11 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 11; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 11 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 11 will be enforceable.

12. Governing Law and Venue

Any dispute arising from these Terms and your use of the Site will be governed by and construed and enforced in accordance with the laws of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Alameda County, California.

13. Modifying and Terminating our Site

We reserve the right to modify our Site or to suspend or stop providing all or portions of our Site at any time. You also have the right to stop using our Site at any time. We are not responsible for any loss or harm related to your inability to access or use our Site.

14. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

15. Miscellaneous

These Terms constitute the entire agreement between you and CF relating to your access to and use of our Site. Notwithstanding any other provisions of these Terms, Sections 3, 6, 8, 9, 10, 11, and 12 survive any expiration or termination of these terms. The failure of CF to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or the Site, in whole or in part, without your prior written consent.

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Privacy Policy

Last Updated: January 15, 2020

This Privacy Policy explains how Common Future (“CF”, “we” or “us”)collects, uses, and discloses information about you when you access or use our websites (collectively, the “Sites”), attend our events, engage with us on social media, or otherwise interact with us.

We may change this Privacy Policy from time to time.  If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website homepage or sending you a notification).  We encourage you to review the Privacy Policy whenever you access the Sites or otherwise interact with us to stay informed about our information practices and the choices available to you.

CONTENTS

Collection of Information
Use of Information
Sharing of Information
Analytics Services Provided by Others
Transfer of Information to the U.S. and Other Countries
Your Choices
Contact Us

COLLECTION OF INFORMATION

Information You Provide to Us

We collect information you provide directly to us.  For example, we collect information when you sign up to receive email newsletters, fill out a form, apply for a volunteering opportunity or fellowship, make a donation, attend one of our events, or participate in one of our programs, or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, phone number, credit card number, CF program you participate in, photos, videos, audio recordings and other information or media you choose to provide.

Other Information We Collect When You Use our Sites

When you use our Sites or otherwise interact with us, we automatically collect information about you, including:

  • Usage Information: We collect aggregated information about your use of the Sites, such as areas of the Sites that most popular.
  • Transactional Information: When you make a donation, we collect information about the transaction, such as donation details, amount, and date and location of the transaction.
  • Log Information:  We collect information related to your use of the Sites, including the type of browser you use, access times, pages viewed, your IP address, and the page you visited before navigating to our Sites.
  • Device Information:  We collect information about the device you use to access our Sites, including the hardware model, operating system and version.
  • Information Collected by Cookies and Similar Tracking Technologies:  We (and our service providers) use different technologies to collect information, including cookies and web beacons.  Cookies are small data files stored on your hard drive or in device memory that help us improve our Sites and your experience, see which areas and features of our Sites are popular, and count visits.  Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that may be used in our Sites or emails and help deliver cookies, count visits, and understand usage and campaign effectiveness.  For more information about cookies and how to disable them, see Your Choices below.

Information We Collect from Other Sources

We may also obtain information from other sources and combine that with information we collect through our Sites.  For example, if you make a donation to one of our causes or programs on a third-party platform, we may receive some information back from the platform operator, including donor name and amount of the donation.

USE OF INFORMATION

We use the information we collect to:

  • Provide, maintain and improve our Sites;
  • Facilitate your participation in events and programs that we and our partners host or provide;
  • Send you technical notices, updates, security alerts, support and administrative messages and to respond to your comments, questions, and customer service requests;
  • Send you newsletters and otherwise provide you with information that we think will be of interest to you (see “Your Choices” below for information about how to opt out of these communications at any time);
  • Solicit volunteers, donations and support for CF;
  • Monitor and analyze trends, usage, and activities in connection with our Sites;
  • Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of CF and others; and
  • Carry out any other purpose described to you at the time the information was collected.

SHARING OF INFORMATION

We may share information about you as follows or as otherwise described in this Privacy Policy:

  • With vendors, service providers, and consultants that perform services for us, including cloud hosting providers and email vendors;
  • With our volunteers or program participants who work on similar causes or projects with you;
  • With event organizers who help us host and facilitate events that you attend;
  • In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;
  • If we believe your actions are inconsistent with our user agreements or policies;
  • If we believe you have violated the law, or to protect the rights, property, and safety of CF or others;
  • In connection with, or during negotiations of, any merger, sale of CF assets, financing or acquisition of all or a portion of our business by another organization;
  • Between and among CF and our current and future parents, affiliates, subsidiaries, and other entities under common control and ownership; and
  • With your consent or at your direction.

We may also share aggregated or de-identified information that cannot reasonably be used by those third parties to identify you.

ANALYTICS SERVICES PROVIDED BY OTHERS

We may allow others to provide analytics services on our behalf across the web.  These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Sites, including your IP address, web browser, pages viewed, and time spent on pages.  This information may be used by CFand others to, among other things, analyze and track data, determine the popularity of certain content, and better understand the online activity of our users.

TRANSFER OF INFORMATION TO THE U.S.

CF is based in the United States and we process and store information in the U.S. Therefore, we and our service providers may transfer your information to, or store or access it in jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction.

YOUR CHOICES

Cookies

Most web browsers are set to accept cookies by default.  If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Sites.

Communications

You may opt out of receiving promotional emails from CF by following the instructions in those emails.  If you opt out, we may still send you other emails such as receipts, confirmations and other transactional or relationship messages.

Contact Us

If you have any questions about this Privacy Policy, please contact us at:

MAIL – ATTN: Common Future 2323 Broadway, Oakland, CA 94612,
PHONE – 510-587-9417, or
EMAILinfo@commonfuture.co.