RaiseBerry Terms of Use Last updated: 1 July 2023
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (see BOLD LANGUAGE IN THE NEXT PARAGRAPH) THAT GOVERN HOW CLAIMS WILL BE RESOLVED BETWEEN YOU AND RAISEBERRY, LLC (“RAISEBERRY”). EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 18, IF APPLICABLE, OR WHERE PROHIBITED BY LAW, BY USING THE SERVICES (AS DEFINED BELOW), YOU AGREE THAT DISPUTES BETWEEN YOU AND RAISEBERRY WILL BE RESOLVED THROUGH BINDING, INDIVIDUAL ARBITRATION (INSTEAD OF GOING TO COURT BEFORE A JUDGE AND JURY) AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
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These Terms of Use (these “Terms”) provide the general terms and conditions that govern your access to, use of, and interactions with: (A) the RaiseBerry website located at www.RaiseBerry.com(the “Website”), (B) RaiseBerry applications made available through the Website (the “Software”), (C) any RaiseBerry-controlled social media pages (including on Facebook, Instagram, and Twitter), and/or (D) any content, functionality, and services offered on or through the Website, Software and social media pages. To make these Terms easier to read, the Website and Software, along with the RaiseBerry-controlled social media pages and any content, functionality, and services offered on or through the Website, Software and social media pages, are collectively called the “Services.” Users of the Website and Services include Organization Administrators (defined below), Campaign Managers (defined below), Fundraisers (defined below), Participants (defined below), and Supporters (defined below), collectively “User” “Users” and/or “You”.
YOUR ACCEPTANCE OF THESE TERMS: These Terms constitute a binding contract between You and RaiseBerry, LLC. Your use of the Services in any way signifies that you accept and agree to these Terms, including any modifications that RaiseBerry makes from time to time.
If you do not wish to be bound by these Terms, you may not access or use the Service.
CHANGES TO THESE TERMS: RaiseBerry may modify these Terms at any time, in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that You accept and agree to the changes. You are responsible for checking these Terms regularly to ensure that You understand the Terms that apply at the time of your access to or use of the Services.
ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOUHAVE READ AND UNDERSTAND ALL OF THESE TERMS OF USE. ACCESS AND USE OF THE SERVICES
The Services Description: The Services are offered as a platform to allow an individual, entity or non-profit organization (the “Campaign Manager”) to post their own fundraiser (“Fundraiser”) to the Platform to request financial support (“Support”) from supporter (“Supporter”) on behalf of a specific non-profit organization (“Nonprofit”). RaiseBerry provides this platform for Users. RaiseBerry is not a payment processor and does not hold any funds. Instead, RaiseBerry uses third-party payment processing partners to process Support payments for a Fundraiser (“Payment Processor”). You acknowledge and agree that the use of Payment Processors is integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of the Services.Furthermore, the Services are that of a software platform. We are not a Broker, Financial Institution, Creditor, Fundraiser, or Charity. RaiseBerry facilitates the raising of funds by the Campaign Managers and permits Supporters to make payments to these Fundraisers.
All information and content provided by RaiseBerry relating to the Services is for informational purposes only, and RaiseBerry does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. RaiseBerry has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Fundraiser will obtain a certain amount of Support or donations, or that they will receive any Support or donations at all. We do not endorse any Fundraiser, User, or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Fundraiser. You, as a Supporter, must make the final determination as to the value and appropriateness of contributing to, or purchasing from, any User or Fundraiser.No Solicitation: The Platform is offered to help Campaign Managers and/or Nonprofits raise money. RaiseBerry merely provides the technology to allow Fundraisers to connect with Supporters. The existence of the Services is not a solicitation of donations by RaiseBerry, and RaiseBerry does not engage in any solicitation activities, or otherwise plan, manage or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the Services, you understand and agree that RaiseBerry is not responsible for the use of your Support or the amount of funds raised for the User or Fundraiser.
Supporters: All Purchases, giving of Support, and Donations are at your own risk. When you make a purchase or Donation through the Platform, it is your responsibility to understand how your money will be used and to check the Fundraiser content regularly for any updates. RaiseBerry is not responsible for any content, offers, promises, rewards or Promotions (as defined below) made or offered by Users or Fundraisers. We do not and cannot verify the information that Users or Fundraisers supply, nor do we represent or guarantee that the Support or Donations will be used in accordance with any fundraising purpose prescribed by a User or Fundraiser or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds reported to us very seriously. Nonprofits shall have full discretion to determine how all Support and Donations will be used. You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction or the value of items received in return for your payment. RaiseBerry makes no representation as to whether all or any portion of your Donations, including, if any, Transaction Fees, are tax deductible or eligible for tax credits. RaiseBerry will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Support or Donation by you, any User or any Charity.
Supporter Information: Unless you opt out of such disclosure, you acknowledge and agree that certain of your personal information will be shared with the Nonprofit to which you make a Donation or otherwise provide Support, including without limitation, as part of a Supporter List (as defined below) and may be used by such Nonprofit to issue official Donation receipts (or equivalent document) and in accordance with the Nonprofit’s own privacy policy. RaiseBerry is not responsible, and shall not be liable, for any Nonprofit’s use of any Supporter information.
Campaign Managers: You, as a Campaign Manager, represent, warrant, and covenant that: (i) all information you provide in connection with a Fundraiser or Campaign Manager is accurate, complete, and not likely to deceive Users and that you will post updates as needed so that Users understand the use of funds and any other relevant information about your Fundraiser; (ii) all Support and Donations contributed to your Fundraiser will be used solely as described in the materials that you post or otherwise provide; (iii) if you add a Campaign Manager through the Services, you relinquish control of the Donations; (iv) you will not infringe the rights of others; (v) you will comply with all relevant and applicable laws and financial reporting obligations, including but not limited to, laws and obligations relating to registration, tax reporting, political contributions, and asset disclosures for your Fundraiser; and (vi) to the extent you share with us any personal data of any third party for any purpose ,including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize RaiseBerry, and RaiseBerry reserves the right to provide information relating to your Fundraiser to Supporters, Organizations of your Fundraiser or law enforcement or other regulatory authorities, and to assist in any investigation thereof.If you use the Services as an agent of a Nonprofit to raise funds for such Nonprofit, you represent and warrant that: (a) you are a representative of the Nonprofit, which representative is authorized to raise funds for the Nonprofit and bind the Nonprofit to these Terms of Use; (b) you are raising funds for a Nonprofit, with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; (c) all funds paid through the Services will be used solely for the purpose you have stated on and in connection with your Fundraiser, including the administrative costs of your Nonprofit, and under no circumstances may you use the funds for any other purpose; and (d) your Nonprofit has and will maintain tax-exempt status under applicable law (for example, the Internal Revenue Code in the United States or the Income Tax Act in Canada).
Your Registration Obligations: You may be required to register with RaiseBerry to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself or your Nonprofit as prompted by the Services’ registration form. Campaign Managers must register using their true identities (or the identities of the Nonprofit’s authorized representatives), including their name, address and any image or video purporting to depict the Campaign Manager or the Campaign Manager of such Fundraiser. You agree to keep registration information current and up to date.Registration data and certain other information about you are governed by these Terms of Use, including our Privacy Notice. If you are under 13 years of age (16 in California and Colorado), you are not authorized to use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., Payment Processors), with whom RaiseBerry has entered into contracts, in order to be able to benefit from their services. If RaiseBerry or one of our Payment Processors at any time discovers that the information you provided about you or the purpose of your Fundraiser is incorrect or violates any of these Terms of Use or their terms of service, your access to the Services may be immediately suspended and/or terminated and fines may be applied by relevant authorities, which will in all such cases be payable by you.
Nonprofits (also referred to as Charity/Charities): The Services include the features and services described here. All payments for Support and Donations made through the Services are subject to a Transaction Fee.A. Chargebacks and Refunds. Occasionally, a Supporter may dispute a credit card charge for a payment of Support or Donation through the Services or submit a request for a refund. If Donations were made through Stripe, the Nonprofit has control over the payment and the Nonprofit, rather than RaiseBerry or Stripe, is responsible for issuing refunds and handling chargebacks directly with Supporters.B. Removal of a Nonprofit from our Database. If you are the authorized representative of a Nonprofit, and you do not wish for your Nonprofit to appear in RaiseBerry’s searchable database, you may contact us here to request that your Nonprofit be removed from our database. Your email should include your full name, title, and an email address and phone number associated with your Nonprofit. Please note that if your Nonprofit is removed from the RaiseBerry database, it will not be eligible to receive contributions through the Platform.C. Receiving Funds. As a Nonprofit, receipt of Donations, minus any applicable Transaction Fees, is based upon and subject to the applicable Payment Processor’s procedures and terms. RaiseBerry is not a payment processor and does not hold funds.D. Taxes. RaiseBerry does not withhold funds for tax purposes or otherwise. Nonprofits will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any).E. Supporter Lists and Other Data. A Nonprofit may access information about a Campaign Manager of a Fundraiser for the Nonprofit, Supporter Lists (defined below), and Supporter Data (defined below) for compliance and transactional purposes. Please contact us here with any questions. “Supporter Data” means a Supporter’s name, email address, payment amount amount, date of transaction, transaction identification number, and name of the project. THE LIST OF SUPPORTERS WHO GIVE TO A CHARITY’S FUNDRAISER THROUGH THE SERVICES (“SUPPORTER LISTS”) IS PROVIDED “AS IS,” AND RAISEBERRY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY SUPPORTER LIST OR ANY INFORMATION CONTAINED THEREIN. Unless a Supporter checks the “Anonymous” checkbox at the time of Donation or seeks to be anonymous through other means provided herein, by using the Services, the Supporter consents to the disclosure of Supporter’s Supporter Data as described herein, including without limitation, disclosure as part of a Supporter List.
Taxes: It is your responsibility to determine what, if any, taxes apply to the payment for Support or a Donation you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
User Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to: (i)immediately notify RaiseBerry of any unauthorized use of your password or account or any other breach of security; and (ii) sign out from your account at the end of each session when accessing the Services. RaiseBerry will not be liable for any loss or damage arising from your failure to comply with this section.
Modifications to the Services: RaiseBerry reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
Content Manifestly Made Public by the User:A. Public Content; Public Display of Information. Some of your activity on and through the Services is public, such as content you post publicly on the Platform (including descriptions, texts, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other Users or recipients) (collectively, “User Content”). Additionally, User profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in connection with your User profile may be displayed toother Users to facilitate User interaction within the Services. For example, as a Campaign Manager, you might post your personal data – such as information about a physical injury of a team participant – which data might be considered sensitive data. In addition, as a Supporter, you have the option to publicly display your purchase, Support, or Donation for all to see, including on search engines (like Google and Yahoo). Please remember that if you choose to provide information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to othe rindividuals or entities without our knowledge and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services.B. Other Information. Please be advised that User Content and other information, solicited or unsolicited, that you provide to RaiseBerry may be publicly accessible, such as information you post in forums, comment sections or in response to surveys we may send out. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, with publicly-accessible information, “Other Information”). By sending us Other Information: (i) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Other Information; (ii) you acknowledge that we may have something similar to the Other Information already under consideration or in development; (iii) you agree that RaiseBerry will be entitled to the unrestricted use and dissemination of the Other Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (iv) you represent and warrant that you have all rights necessary to submit the Other Information; (v) to the extent necessary, you hereby grant to RaiseBerry a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use ,reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Other Information, and to sublicense the foregoing rights; and (vi) you irrevocably waive, and cause to be waived, against RaiseBerry and its Users any claims and assertions of any moral rights contained in such Other Information. This Other Information section shall survive any termination of your account or the Services. You acknowledge and agree that RaiseBerry may preserve Other Information, as well as User Content, and may also disclose your Other Information or User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of RaiseBerry, its Users, employees or the public.
Third-Party Communications: If you use any feature of the Services that allows you to communicate with third parties (such as to refer a third party to the Services or to communicate with them regarding a Fundraiser or a Donation), either by submitting data about the third party (“Third-Party Data”) to the Services or otherwise permitting the Services to automatically access Third-Party Data in your possession, you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant Third-Party Data and that you have notified these third parties and informed them how their information is collected and used by RaiseBerry to provide the Services. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. We use Third-Party Data to contact such third party using the Third-Party Data provided. In addition to sending the foregoing communications, we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. In each case, any such communication sent to third parties using Third-Party Data will provide a means to “opt out” of receiving further communication of the same nature.
Promotions on the Platform: Currently, no promotions involving sweepstakes or other games of chance are currently allowed on the Platform.
Data Retention: You acknowledge that RaiseBerry has no obligation to you to retain data relating to any account or Fundraiser. You acknowledge that RaiseBerry reserves the right to delete data or to terminate accounts or Fundraisers at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. The foregoing does not apply to Fundraisers or accounts started by Charities on the Platform, in which case RaiseBerry will provide reasonable notice where possible.
Mobile Services and Text Messages: If the RaiseBerry Services include certain features that may be made available via a mobile device, such features may including the ability to: (i) upload User Content to the Platform; (ii) browse the Platform; and (iii) access certain items through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent RaiseBerry provides these features and you access Mobile Services, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading ,installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you about matters related to your account by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. Further, when setting up your RaiseBerry Campaign(s), if you click “Send code” by “Text Message,” you agree to receive automated text messages related to your account from or on behalf of RaiseBerry at the phone number provided. You can reply STOP to such text messages to cancel, except for automated text messages related to the security of your account. Message frequency will vary. Message and data rates may apply. We will comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your RaiseBerry account information to ensure that your messages are not sent to the person that acquires your old number.
PROHIBITED CONDUCT
You are solely responsible for compliance with all applicable law in relation to your Fundraiser or use of the Services. You are further solely responsible for all User Content that You upload, post, publish, display, transmit or otherwise use. You are also responsible for ensuring the funds raised are used for the purpose outlined in the Fundraiser. If You are not the Campaign Manager of the Fundraiser You organize, You agree to deliver funds to the ultimate Campaign Manager directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Use. The following are examples of User Content and/or use that is illegal or prohibited by RaiseBerry. This list is not exhaustive and we reserve the right to remove any Fundraiser and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms of Use or other policies. As we investigate your Fundraiser, a User, or User Content, we may consider all available material including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of the Services, remove the offending User Content, suspend or terminate your account, stop payments to any Fundraiser, freeze or place a hold on Donations, and report you to law enforcement authorities or otherwise take appropriate legal action, including without limitation, seeking restitution on behalf of ourselves and/or our Users. Without limiting the foregoing, You agree and represent, warrant and covenant:A. not to use the Services to raise funds or establish or contribute to any Fundraiser with the implicit or explicit purpose of promoting or involving: the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Services;2: fundraisers that are fraudulent, misleading, inaccurate, dishonest or impossible;3: offensive, graphic, perverse or sensitive or sexual content;4: the funding of a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;5: drugs, narcotics, steroids, controlled substances pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;6: activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;7: knives, explosives, ammunition, firearms, or other weaponry or accessories;8: User content that reflects, incites or promotes behavior that we deem, in our sole discretion, to be an abuse of power or in support of terrorism, hate, violence, harassment, bullying, discrimination, terrorism, terrorist financing or intolerance of any kind or reflects an abuse of power relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, disabilities or diseases;9: the legal defense of alleged financial and violent crimes;10: publication of User Content (such as mug shots) that causes reputational harm;11: Gambling, gaming and/or any other activity with an entry fee and a prize including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards or sweepstakes; 12: the aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;13: annuities, investments, loans, equity or lottery contracts, law-away system, off-short banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., investment opportunities or other services, that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;14: the receipt or grant of cash advances or lines of credit to yourself or to another person or purposes other than those purposes clearly stated in the Fundraiser or for credit repair or debt settlement services;15: counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;16: products or services that directly infringe or facility infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;17: the unauthorized sale or resale of goods or services;18: any election campaigns in an unsupported country unless run by a registered organization within a supported country;19: the collecting of payments on behalf of merchants by Payment Processors or otherwise; including but not limited to self-payments on Fundraisers or an attempt to bypass or otherwise circumvent the designated method of payment as provided by RaiseBerry;20: the collecting or providing of funds for any purpose other than as described in a Fundraiser description; or21: any other activity that RaiseBerry may deem, in its sole discretion, to: (a) be unacceptable or objectionable; (b) restrict or inhibit any other person from using or enjoying the Services; or (c) expose RaiseBerry, its employees or Users to any harm or liability of any type.22: the aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;B. not to use the Services to transmit or otherwise upload any User Content that: (i)infringes any intellectual property or other proprietary rights of any party; (ii) You do not have a right to upload under any law or under contractual or fiduciary relationships;(iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; or (v) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; C. not to interfere with or disrupt servers or networks connected to or used to provide the Services or their respective features, or disobey any requirements, procedures, policies or regulations of the networks connected to or used to provide the Services;D. not to harvest, collect or publish personally identifiable information of others;E. not to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor;F. not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party; G. not to use another User’s account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Nonprofit or Fundraiser through the Services, or post User Content in any inappropriate category or areas on the Services;H. not to create any liability for RaiseBerry or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;I. not to gain unauthorized access to the Services, or any account, computer system, or network connected to the Services, by any unauthorized or illegal means;J. not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;K. not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contain advertising, except that using the Services for fundraising activities in accordance with these Terms of Use is expressly permitted;L. not to transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;M. not to undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; orN. not to attempt to undertake indirectly any of the foregoing. Additionally, with respect to all payments for Support or Donations you make or accept through the Services, you agree and represent, warrant and covenant: A. not to make or accept any Donations that you know or suspect to be erroneous, suspicious or fraudulent;B. not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);C. to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation, adhering to any security procedures and controls required by RaiseBerry from time to time;D. to maintain a copy of all electronic and other records related to Fundraisers and payments received for Support or Donations as necessary for RaiseBerry to verify compliance with these Terms of Use and make such records available to RaiseBerry upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; andE. at RaiseBerry’s request, to fully cooperate in the auditing of, investigation of (including without limitation, investigations by RaiseBerry, a Payment Processor, or a regulatory or governmental authority), and remedial efforts to correct any alleged or uncovered violation or wrongdoing of a User to whom, or Fundraiser or Donation to which, you are connected.RaiseBerry reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate these Terms of Use or harm the interests of our Users, business partners, the public, or RaiseBerry, or that expose you, RaiseBerry, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our Privacy Notice. This information may include information about you, your account, your Supporters, your Donations, and transactions made through or in connection with your use of the Services.
SUPPORTER CONDUCT
Payments of Support or Donations: In order to pay Support to a Fundraiser or to a Nonprofit, a Supporter will be required to provide RaiseBerry information regarding the Supporter’s credit card or other payment instrument (“Payment Instrument”) that is linked to the Supporter’s RaiseBerry account (a “Billing Account”). You, as a Supporter, represent and warrant to RaiseBerry that such information is true, current and accurate and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum payment or Donation amounts may apply, and that all payments and/or Donations are final and will not be returned unless RaiseBerry, in its sole discretion, agrees to issue a refund. RaiseBerry uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and Supporters acknowledge that by paying Support or a Donation to a Fundraiser, the Supporter agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these Terms of Use as well as any and all applicable terms set forth by our payment partners. RaiseBerry displays its best estimate of the percentage of each product’s price which will be kept by the Nonprofit for which the fundraiser is being conducted and which the User selects, but reserves the right to amend this amount, in good faith, based on relevant circumstances.RaiseBerry requires each Fundraiser Representative to provide requisite tax information ,as found on IRS form W-9, and may require additional information as well. In the event that such information is not adequately supplied, RaiseBerry will exercise its best effort to secure it, but will not disburse any funds to the Fundraiser Representative until the requisite tax information is supplied. RaiseBerry may not issue product refunds in the event that such tax information is not supplied.
CAMPAIGN MANAGERS, ORGANIZATIONS OR CHARITIES
Account Holds: From time to time, RaiseBerry may, in its sole discretion, place a hold on a Fundraiser account (a “Hold”), restrict Disbursements (defined herein as the transfer of Funds raised to Campaign Manager), initiate a reverse ACH transfer, secure reserves, or take similar actions to protect its interests and those of its Users. Some of the reasons that we may take such actions include, but are not limited to, our belief or determination, in our sole and absolute discretion, that: (i) information provided by a Campaign Manager is false, misleading, or fraudulent, or funds are being used in a prohibited manner; (ii) the funds available should be provided directly to a person other than the Campaign Manager, such as a legal Campaign Manager or person entitled bylaw to act on behalf of an Campaign Manager; (iii) a Fundraiser or Campaign Manager has violated these Terms of Use; (iv) the Campaign Manager is colluding with Supporters to engage in fraudulent activity; (v) there may be suspicious or fraudulent payment or Donation activity; or (vi) such action(s) is required to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Fundraiser account, or need information about how to resolve the Hold, please see this section.
Disbursing Profits from a Fundraiser: While RaiseBerry strives to make disbursements available to you promptly, you acknowledge and agree that: (i)Disbursements may not be available to you for use immediately; (ii) RaiseBerry does not guarantee that Disbursements will be available to you within any specific time frame; and(iii) RaiseBerry expressly disclaims any and all responsibility for any delay in Disbursements or your inability to access and use Disbursements at any specified time, and any consequences arising from such delay or inability. You, as an Campaign Manager and/or Campaign Manager, are responsible for ensuring that the information you provide to RaiseBerry in order to process a Disbursement, including bank account information, is accurate and up to date. RaiseBerry may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of Donation(s) with or without consulting with you, which may comprise the entire amount donated to your Fundraiser. RaiseBerry is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by RaiseBerry issuing refunds, including, but not limited to transaction or overdraft fees.Campaign proceeds must be used in accordance with the declared use of funds (“Proceeds go towards”) for each campaign. RaiseBerry may request verification of any campaign’s use of funds, including but not limited to receipts and bank records, in order to verify that all campaign profits were used solely as described in the campaign’s stated use of funds.
PAYMENT PROCESSORS
RaiseBerry uses Payment Processors to process Donations for your Fundraiser and thereafter deliver it to you. In order to withdraw funds from a Fundraiser, an Campaign Manager or, if not the same, Campaign Manager (collectively “Withdrawing Entity”) will be required to provide the Payment Processor information regarding bank account information (“Withdrawing Account”). You, as Withdrawing Entity, represent and warrant to Payment Processor and RaiseBerry that such information is true and that you are authorized to use the applicable Withdrawing Account. By setting up a Fundraiser or accepting the role of Campaign Manager to a Fundraiser, the Withdrawing Entity agrees to the processing, use, transfer or disclosure of data by the Payment Processor pursuant to these Terms of Use as well as any and all applicable terms set forth by the applicable Payment Processor. Our current Payment Processor is Stripe, Inc. (Stripe’s terms of service).
INTELLECTUAL PROPERTY RIGHTS
Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by RaiseBerry, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to you rown User Content that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by RaiseBerry from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP addressor using a proxy IP address). Any use of the Services or the Services Content other thanas specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of RaiseBerry, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by RaiseBerry. The RaiseBerry name and logos are trademarks and service marks of RaiseBerry (collectively the “RaiseBerry Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to RaiseBerry. Nothing in these Terms of Use or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of RaiseBerry Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of RaiseBerry Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will RaiseBerry be liable in any way for any content or materials of any third parties (including Users) or any User Content (including, but not limited to, for any errors or omissions in any User Content), or for any loss or damage of any kind incurred as a result of the use of any such User Content. You acknowledge that RaiseBerry does not pre-screen User Content, but that RaiseBerry and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any User Content that is available via the Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
User Content Transmitted Through the Services: With respect to the User Content, You represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Services, you hereby grant and will grant RaiseBerry and its affiliated companies and Users a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless RaiseBerry and its contractors and employees, from: (i) all claims for invasion of privacy, publicity or libel; (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness; and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of RaiseBerry in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receives financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or RaiseBerry’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services. We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to: (a) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to You and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that You may have violated these Terms of Service), or for no reason at all; and (b) remove or block any Services Content or User Content from the Services.
Copyright or Trademark Complaints: RaiseBerry respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify RaiseBerry of your infringement claim in accordance with the procedure set forth below. RaiseBerry will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), trademark infringement and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed infringement should be emailed to RaiseBerry’s Copyright Agent at dallas@RaiseBerry.com (Subject line: “DMCA Takedown Request”). To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work, trademark, or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark or intellectual property owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the owner, the owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringementIf a counter-notice is received by the Copyright Agent, RaiseBerry will send a copy of the counter-notice to the original complaining party, informing that person that RaiseBerry may replace the removed content or cease disabling it in 10 business days. Unless the owner files an action seeking a court order against the content provider, member or User, the removed content may be replaced, or access to it restored, in 10to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA, trademark and other applicable law, RaiseBerry has adopted a policy of terminating, in appropriate circumstances and at RaiseBerry’s sole discretion, Users who are deemed to be repeat infringers. RaiseBerry may also at its sole discretion limit access to or terminate the Services and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Anti-Money Laundering Policy:
RaiseBerry is committed to preventing money laundering and complying with all applicable laws and regulations related to anti-money laundering (AML) efforts. We have implemented robust internal policies and procedures to ensure that our operations remain free from any involvement in money laundering activities.
Prohibited Activities: Customers and users of our services are strictly prohibited from engaging in any activities that may facilitate money laundering or other illicit financial transactions. Such activities include but are not limited to:
a. Providing false, misleading, or inaccurate information during the registration or transaction process.
b. Attempting to use our services to convert or transfer illicitly obtained funds or engage in any form of fraudulent financial activity.
c. Conducting transactions involving known or suspected criminal proceeds or funds derived from illegal activities.
Know Your Customer (KYC) Procedures: We employ a comprehensive customer due diligence process, including Know Your Customer (KYC) procedures, to verify the identities of our customers and assess the legitimacy of their transactions. We may request additional documentation or information from customers to fulfill our KYC obligations.
Reporting Suspicious Activity: If you suspect or become aware of any suspicious activity related to our services, including potential money laundering, you are required to promptly report it to RaiseBerry. We will thoroughly investigate all reported suspicions and, if necessary, cooperate with relevant authorities.Compliance with Laws and Regulations:We are committed to complying with all applicable AML laws, regulations, and guidelines. Our policies and procedures are regularly reviewed and updated to ensure ongoing compliance with evolving AML requirements.
Training and Awareness: We provide training and awareness programs to our employees to ensure their understanding of AML policies and procedures. We also encourage employees to report any concerns or suspicions related to money laundering promptly.
Sanctions Policy: In addition to our anti-money laundering efforts, RaiseBerry maintains a strict sanctions policy to ensure compliance with international sanctions regimes. We prohibit the provision of any services or engagement in any activities that violate applicable sanctions laws or regulations. Customers and users are responsible for ensuring that their transactions and activities are not in violation of any sanctions laws, and we reserve the right to terminate or suspend services if there is a reasonable belief of such violation.
THIRD PARTY WEBSITES/SERVICES
The Services or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third Party Resources”). RaiseBerry has no control over such Third Party Resources or any products, services or content made available through or by such Third Party Resources, or the business practices of the third parties providing such Third Party Resources, and RaiseBerry is not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby. You acknowledge that RaiseBerry is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Resources. You further acknowledge and agree that RaiseBerry will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such Third Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third Party Resources. As an example of this, if you use the Platform through your mobile device, and you upload a video to a Fundraiser, that video will be uploaded using YouTube, and subject to the YouTube Terms of Service. And you agree that RaiseBerry is not liable for any loss or claim that you may have against any such third party.RaiseBerry, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that RaiseBerry, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.ALLOWED CAMPAIGN TYPES AND LOCATIONSRaiseberry does not allow campaigns that originate outside of the United States and Canada. In addition, RaiseBerry only allows schools and nonprofit groups to raise funds on its platform. Fundraisers designed to benefit individuals, for-profit companies, or other groups or entities are not allowed. RaiseBerry may also reject fundraiser campaigns at its discretion.
INDEMNITY AND RELEASE
You agree to release, indemnify on demand and hold RaiseBerry and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Fundraiser, any User Content, your connection to the Services, your violation of these Terms of Use or your violation of any rights of another. You agree that RaiseBerry has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify RaiseBerry for the costs of its defense (including, but not limited to attorney’s fees).
If you are a California resident, you waive California Civil Code Section 1542, which says: “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.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.
DISCLAIMER OF WARRANTIES YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Raise Berry AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. RaiseBerry AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT: (I) THESERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.LIMITATION OF LIABILITYYOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RaiseBerry NOR ITS AFFILIATES WILL BE LIABLE FOR ANY: (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES; (II) DAMAGES FOR LOSS OF PROFITS;, (III) DAMAGES FOR LOSS OF GOODWILL;, (IV) DAMAGES FOR LOSS OF USE; (V) LOSS OR CORRUPTION OF DATA; OR (VI) OTHER INTANGIBLE LOSSES (EVEN IF RaiseBerry HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RaiseBerry’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEEDTHE AMOUNT YOU HAVE PAID RaiseBerry IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US$ 100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.DISPUTESARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS - Arbitration; Class Action Waiver: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the foregoing, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either of us to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) file suit in a court of law to address an intellectual property infringement claim.
The Process: Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Use. The AAA Rules and filing forms are available online at www.adr.org.A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our current address for Notice is: RaiseBerry Inc., ℅ LegalDepartment, PO Box 23357, 3223 Greyling Dr., San Diego, CA 92123-9998 United States. The Notice of Arbitration must: (i) describe the nature and basis of the claim and (ii) set forth the specific relief sought (“Demand”). We agree to work with you and make a good faith effort to resolve the claim directly, but if we are not successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount which exceeds the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (a) the amount awarded by the arbitrator; or (b) US$10,000.00.
No Class Actions: If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Modifications to this Arbitration Provision: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Enforceability: If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms of Use.
Confidentiality: We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.
TERMINATIONYou agree that RaiseBerry, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any User Content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
USER DISPUTESYou agree that you are solely responsible for your interactions with any other User in connection with the Services and RaiseBerry will have no liability or responsibility with respect thereto. RaiseBerry reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User of the Services.
GENERAL
These Terms of Use constitute the entire agreement between you and RaiseBerry and govern your use of the Services, superseding any prior agreements between you and RaiseBerry with respect to the Services. You also may be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Use will be governed by the laws of the State of Utah without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and RaiseBerry agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah. The failure of RaiseBerry to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Use without the prior written consent of RaiseBerry, but RaiseBerry may assign or transfer these Terms of Use, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via email or regular mail. The Services may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Platform. RaiseBerry may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise. Nothing in these Terms of Use shall prevent RaiseBerry from complying with the law. RaiseBerry shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war or threats of war, terrorism or threats of terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, governmental regulation or advisory, recognized health threats, as determined by the World Health Organization, the Centers for Disease Control, or local government authority or health agencies, strikes or shortages or curtailment of transportation facilities, fuel, energy, labor or materials.
PRIVACY NOTICEAt RaiseBerry, we respect the privacy of our Users. By using the Services, you consent to our collection and use of personal data as outlined therein.
