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RAISEFORALL.COM
TERMS AND CONDITIONS

Last Updated: March 01, 2017

Raise For All, Inc., doing business as Raise For All, (“Raise For All”, “Raise For All”, “us” or “our”) operates this website, www.Raise For All.com, the mobile and touch versions and any individual sites or merchant-specific, city-specific, or other area-specific sites we have now or in the future. The website and links contained within or otherwise available through external hyperlinks within our Site (the “Microsites”) will be collectively referred to as the “Site” in these Terms and Conditions. By using our Site and Raise For All's services through the Site, you (“you”, “user”, or “End User”) agree to these Terms and Conditions, our Privacy Policy, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any Microsite, as any of the same may exist from time to time (collectively, the “Terms and Conditions” or “Agreement”). The term "using" includes any person or entity who accesses or uses the site with crawlers, robots, browsers, data mining, or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY Raise For All SERVICE OR PURCHASE ANY PRODUCT OFFERED THROUGH THE SITE.

1. Amendments, Modifications, Changes and Termination

Raise For All reserves the right, in its sole discretion, to amend, modify, or change this Agreement at any time without prior notice to you. As the user it is your responsibility to visit the Site periodically to review the most up-to-date Agreement. Any use of the Site following the posting of amendments, modifications, or changes to this Agreement constitutes implied acceptance of the amended, modified, or changed Agreement. We may at any time terminate this legal Agreement if, in our sole discretion, we believe that you may have breached or acted in a manner indicating that you do not intend to or are unable to comply with any term in this Agreement, if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable.

2. Access to the Site

Raise For All retains the right at our sole discretion to deny service, or access to the Site or an account to anyone, at any time and for any reason. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated and any time without notice.

3. Transmission of Information

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with Raise For All and the Site while it is being transmitted. In addition, Raise For All is not responsible for any data lost during transmission.

4. Your Conduct on our Site

Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms and Conditions. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of this Agreement:

  • Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your Raise For All account or in order to create multiple Raise For All accounts;
  • Attempting to access, or actually accessing, data not intended for you, such as logging into a server or an account which you are not authorized to access;
  • Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures;
  • Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by Raise For All;
  • Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
  • Using frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission;
  • Using any Site content in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
  • Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Raise For All;
  • Reselling or repurposing your access to the Site or any purchases made through the Site;
  • Using the Site or any of its resources to solicit Site End Users or other business partners of Raise For All to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Raise For All, including without limitation, aggregating current or previously offered deals;
  • Collecting content from the Site, including but not limited to current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission;
  • Collecting the Personal Information, Statements, data or content of any Site End Users or Merchants;
  • Using any End User or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing;
  • Accessing, monitoring or copying any content or information from this Site using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission;
  • Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
  • Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
  • Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission;
  • Deep-linking to any portion of this Site without our express written permission;
  • Acting illegally or maliciously against the business interests or reputation of Raise For All, our Merchants or our services; or
  • Hyperlinking to the Site from any other website without our initial and ongoing consent.

5. Creating an Account on our Site

If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future Promotion credits. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your Raise For All account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your internet service provider of any fraudulent activity we associate with you or your use of the Site.

6. Description and Eligibility

The Website offers an interactive platform for individuals (“Entrants”) to donate money to their favorite non-profit organizations. The Website gives Entrants a chance to win various prizes (“Promotion(s)”). NO CONTRIBUTION OR PURCHASE IS NECESSARY TO ENTER OR WIN ANY PROMOTION, though you may make a contribution at the time of entry, ANY CONTRIBUTION WILL NOT INCREASE YOUR CHANCES OF WINNING. Odds of winning will depend on the total number of entries received per Promotion. Entries sent by post must be received by Raise For All before the closing date and at the address specified in the Promotion Rules. It is the responsibility of the Entrant to ensure postal address information and postage are correct. Entries must not be sent through agents, third parties or otherwise on the Entrant's behalf unless otherwise provided in the Promotion Rules. Any entries which are above the maximum number of entries for the relevant method of entry, or which are incomplete or received after applicable deadline, will not be valid. Bulk entries are void and cannot be accepted. See specific Promotion website (“Promotion Site”) for additional details, official rules and conditions (“Promotion Rules”). Void where prohibited by law.

In order to be eligible to participate in a Promotion, an Entrant must be a natural person who is a legal resident physically located in one (1) of the fifty (50) United States or the District of Columbia, be (18) years of age or older and comply at all times will all applicable Federal, State, and local laws. The Promotion may only be entered in or from the United States. Entries originating from any other jurisdiction will be disqualified. Employees of Raise For All or any parent company, affiliate, subsidiary, advertising, promotion, and fulfillment agencies, directors, and officers, and each of their immediate family members and persons living in their same household (whether legally related or not), are not eligible to participate in the Promotion or win a prize.

7. Promotion Details

To enter a Promotion, follow the instructions posted in the applicable Promotion Rules. A Promotion begins and ends on the dates as specified in the Promotion Rules. At our sole discretion, we may set a maximum number of entries for each Promotion. The Promotion will close once the maximum number of entries is reached or on the promotion end date. You may enter as many times as you like, though we reserve the right in our absolute discretion to restrict the number of such entries in which you may participate or win. In respect of any specific Promotion, we may set a target for the minimum number of entries that must be reached by a certain date for that specific Promotion. If any such threshold is not reached by a certain date then that Promotion may not be held and contributions associated with such Promotion will be credited to your account to be applied to a different Promotion.

We reserve the right to change, suspend or cancel any Promotion without specifying reasons and to change these Terms and Conditions or the Promotion Rules, which shall be effective the date and time of such posting. We reserve the right to substitute a payment of a reasonable amount of cash in lieu of any Promotion. Results of each Promotion will be posted on the Site following the closing date of the relevant Promotion.

Winners may be required to confirm their identity by submitting certified documents as determined necessary by us before any Promotion will be paid or delivered. Winners will also, if requested by us, to provide a personal photograph and grant us the right to use their name and likeness for promotional purposes. Winners will be determined in accordance with the Promotion Rules. Our determinations will be final in each case and no correspondence will be entered into. Winner(s) of each Promotion will be notified by email after the closing of the relevant Promotion, at which point a contract to obtain the relevant Promotion(s) shall be formed, which shall include the terms included in the Promotion Rules and any further terms as may be reasonably determined by us and disclosed to the winner. Where further information is requested, the winner shall have thirty (30) days (or other date as set out in the applicable Promotion Rules) to respond in full to the notification email or an alternative winner may be chosen or short-listed. Failure to claim any prize within the stated period, or in the manner specified, may result in disqualification or selection of an alternate winner. We shall not be liable if any such Promotion(s) cannot be accepted by a winner for any reason. Where applicable, each winner must on request provide full names and contact details for the winner's guest(s), who in each case are subject to successful carrying out of identity checks. We reserve the right to disqualify any proposed guest in our sole discretion.

Where the Promotion necessitates travel and/or attending an event on a specified date, the winner must be available on such date(s) and alternative dates are unlikely to be available. Should a prize become unavailable before or after the relevant Promotion has ended, such prize may be withdrawn or changed. In such case, Entrants will be notified to have funds credited back to their accounts or we may substitute a cash prize. All goods and/or services won in any Promotion are non-negotiable and non-refundable and have a cash value of no more than the sum posted on the Promotion Site, if any, or as determined by us in our sole and reasonable discretion. We reserve the right at any time to substitute any such rights or goods with different rights or goods of similar and/or reasonable value. The rights and/or good(s) on offer shall be awarded by us subject to availability. Please note that, where applicable, all taxes and insurances and/or other expenses are the sole responsibility of the winner(s). The Terms and Conditions of any related third-party supplier or suppliers may apply and must be accepted by the winner. Where applicable, Promotions will include regular/economy travel only from within the relevant country to the location of the prize, unless otherwise stated on the Promotion Site.

If any contribution or other paid amount is not accepted or honored, a returned payment fee will be charged to you to cover our administrative costs. If necessary, we reserve the right to block access to your account and/or to withhold any outstanding deliveries until payment in full of all applicable invoices is received.

All winners assume responsibility for any and all Federal, State and local income or excise taxes, fees, assessments, and all other charges associated with Promotions and winnings. All cash prizes will be paid net of applicable income tax withholding. It is solely your responsibility to pay all applicable taxes that may be incurred or that may arise from your use of the Site.

8. Intellectual Property and Copyright

The content and information on the Site as well as the infrastructure used to provide both, is proprietary to us, our users and other partners. Raise For All grants you a limited, personal, nontransferable, nonexclusive, revocable license to access and use the Site and any Microsite pursuant to this Agreement and to any additional terms and policies set forth by Raise For All. You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any data, content, information, software, products or services obtained from or through the Site or any Microsite without the express permission of Raise For All. In addition, you may not make any use that exceeds or violates this Agreement.

This Site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the United States. Raise For All owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Raise For All or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Raise For All does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.

“Raise For All”, “raiseforall.com”, their respective logos, and variations thereof found on the Site are trademarks owned by Raise For All and all use of these marks inures to the benefit of Raise For All. Other marks on the site not owned by Raise For All may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Raise For All unless otherwise stated, or may be the property of their respective owners. You may not use Raise For All names, logos, trademarks, or brands without Raise For All' express permission. Raise For All reserves the right to terminate the right to use the Site by anyone who infringes the copyrights of another.

If you are a copyright owner or an owner's agent and find any content on the Sites and/or Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide us with the following information in writing: (i) A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (iv) Your contact information, including an address, telephone number and, if available, an e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

9. User Communications

Raise For All in some instances allows you and others to use the Site to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, and other communications, as well as files, images, photographs, video, sound recordings, musical works, and other materials and content (collectively, "Statements") through forums, bulletin boards, discussion groups, chat rooms, blogs, or other communication facilities that may be offered on or through the Site from time to time (collectively, “Communities”). In most instances, you will be required to have a Raise For All user account in order to make Statements. In contributing any Statements, you represent and warrant (a) you have created your Statements, or, (b) if you are acting on behalf of the creator, that you have express, advance authority from the creator to submit or post the Statements, and that you have all rights necessary to grant the licenses and grants in this Agreement. You further represent and warrant (or, if you are acting on behalf of the creator of the Statements, you have been assured that the creator represents and warrants) that the sharing of Statements for the purposes you have selected will not violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy.

You represent and warrant that you will not upload, post, transmit or otherwise make available Statements if they are unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person, or violate any third party rights; or if they contain any material that harbors software viruses, or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment. Raise For All shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor, and disclose to any third party the Statements and content within the Communities, and the circumstances surrounding its transmission, at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Raise For All, as well as to satisfy any applicable law, regulation or authorized government request.

Without limiting the foregoing, Raise For All shall have the right, but not the obligation, to remove any material from the Communities that Raise For All, in its sole and absolute discretion, finds to be in violation of this Agreement or otherwise objectionable. Raise For All assumes no liability for any Statements or other information removed from the Communities. Raise For All is under no obligation to use your Statements and may not use or post them at all. In some instances and from time to time, you may modify or remove the Statements you submit or post in Communities through your user account. Raise For All makes no representations or warranties that the Statements you modify or remove will be modified or removed in the Communities, or that the Statements will cease to appear on the Internet, in search engines, or in any other form, media or technology.

You understand and agree that all Statements are public and not private. Any and all Statements you post to the Site are not confidential. Any other person (whether or not a user of the Site) may read your Statements without your knowledge. Raise For All is not responsible for the use or disclosure of any Personal Information that you voluntarily disclose in connection with the Statements. Raise For All shall have no obligation to use your Personal Information in connection with any Statements you submit or post, and may not do so at all.

Any Statements of any kind made by you or any other users to the Communities are those of the respective author(s) or distributor(s) and not of Raise For All. Other users may post Statements that are inaccurate, misleading, or deceptive. Raise For All does not endorse and is not responsible for any Statements made by users, and will not be liable for any loss or damage caused by your reliance on such Statements. The Statements expressed by other user reflect the opinions of the user who submitted them and may not reflect the opinion of Raise For All. Raise For All does not control or endorse any Statements found in any part of the Communities, and Raise For All specifically disclaims any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content.

By contributing Statements or other information on or through the Communities, you grant Raise For All a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees, and without compensation to you. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the Statements that you may have under any applicable law under any legal theory. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

10. Unsolicited Ideas

We do not accept or consider, directly or through any Raise For All employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“unsolicited materials”). If you send us unsolicited materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them, (a) Raise For All has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and (b) Raise For All will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.

11. Disclaimer of Warranty

You expressly agree that use of this site is at your sole risk. Neither Raise For All, its subsidiaries affiliates nor any of their respective employees, agents, merchants, third-party content providers or licensors, or any of their officers, directors, employees or agents, warrant that use of the site will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of this site, or (ii) the accuracy, completeness, reliability or content of any information provided through this site. The site and all content, statements and other information contained on the site, and products and services accessible or available through the site are made accessible or available on an “as is” and “as available” basis. Raise For All hereby disclaims any and all representations, warranties and conditions, whether express or implied, as to the operation of the Site or the content, statements or other information contained on the site, or the products or services accessible or available through the site, including, but not limited to, those of title noninfringement, merchantability, and fitness for a particular purpose.

12. Limitation of liability

In no event shall Raise For All, its subsidiaries, affiliates nor any of their respective employees, agents, merchants, partners, third-party content providers or licensors, or any of their officers, directors, employees or agents, be liable for any indirect, incidental, special, consequential or punitive damages arising out of or related to your use of the site, the content, statements and other information contained therein, the products or services accessible or available through the site or these Terms and Conditions. In no event will Raise For All’ liability in connection with a contribution, product or service exceed the amounts paid for such contribution, product or service. Total aggregate liability arising out of or related to this agreement shall not exceed the amounts paid by you during the six months preceding the bringing of any claim, or one hundred dollars, whichever is less.

13. Choice of Law; Arbitration

Any disputes arising out of or related to your use of the Site or these Terms and Conditions shall be governed by the internal laws of the Commonwealth of Massachusetts, without regard to its choice of law rules and without regard to conflicts of laws principles. We will make every reasonable effort to resolve any disagreements that you have with Raise For All. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against Raise For All arising out of, relating to, or connected in any way with this Agreement or this Site, shall be resolved exclusively by final and binding arbitration in Boston, MA before one (1) arbitrator. The arbitration shall be administered by the JAMS in accordance with its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

14. Websites of Others

The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.

15. Indemnification/Release

You agree to defend, indemnify and hold harmless Raise For All, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you, or any Statements submitted or posted by you, in connection with the Site or any use of the Site in violation of these Terms. You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release Raise For All from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Raise For All, and any conduct, speech, or Statements, whether online or offline, of any other user.

16. Termination

Raise For All may terminate these Terms and Conditions at any time. Without limiting the foregoing, Raise For All shall have the right to immediately terminate or suspend any of your passwords or accounts in the event Raise For All considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms and Conditions will survive termination of this Agreement.

17. No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Raise For All as a result of this agreement or use of the Site. Raise For All's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Raise For All's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Raise For All with respect to such use.

18. Entire Agreement; Language.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Raise For All with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Raise For All with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

19. Additional Disclosures

No waiver by either you or Raise For All of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect. The provisions of these Terms and Conditions apply equally to and are for the benefit of Raise For All, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

You are contracting with Raise For All, Inc. Please contact us if you have any questions or comments. You can reach us by email at contact@raiseforall.com.