Effective and last revised on December 2, 2015
If you do not agree to be bound by all of the following warnings, restrictions and disclaimers, please exit the Website immediately. You may not use or access the Website, or any of its services, content or resources, if you do not agree to be bound by the TOU. Please also note that the terms and conditions of this TOU are in addition to any other agreements between you and RaiseFunds and/or its affiliates and agents, including any customer or account agreements, and any other agreements that govern your use of products, services, content, tools, and information available on the Website.
RaiseFunds may revise and update the TOU at any time, and your continued access to or use of the Website thereafter shall constitute acceptance of such revised and updated terms. You are obliged to monitor and review the TOU as posted on RaiseFunds.com to determine the current terms and conditions of the TOU, as they may be changed from time to time. By accessing RaiseFunds.com after any such changes, you ratify, approve and agree to be bound by any such changes. If you do not agree to be bound by the current TOU, you must exit RaiseFunds.com and cease all use of its services, content and resources. The TOU was last revised on November 24, 2015.
RaiseFunds.com is not intended for or directed to users under the age of 18. You may not use RaiseFunds.com or any of its services, content or resources if you are not of legal age to form a binding contract with RaiseFunds, or are a person barred from receiving services under the laws of the United States or other applicable jurisdiction. By accessing RaiseFunds.com, you acknowledge and agree that you are representing to RaiseFunds that you are over the age of 18 and are of legal age to form a legally binding contract, and you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
2. USE OF RAISEFUNDS AND THE MATERIAL
The terms and conditions set forth below govern your use of the Website and the information provided on and through the Website (the “Material”). The Material are protected by applicable copyright, trademark, and other intellectual property and proprietary rights. We grant you a LIMITED, REVOCABLE, NONEXCLUSIVE, AND NONASSIGNABLE license to access the Website and Material in accordance with the TOU. You grant us a perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use any content that you post on or in connection with the Website. Because of regulatory and transparency concerns, we may not allow you to delete any content that you post on or in connection with the Website.
To take advantage of our full Website, you must register for a user account. You agree to the following in connection with the creation of your account: You will provide complete, current and accurate information as required by such registration and will not provide any false information to us or create an account for anyone other than yourself without the person’s permission. You agree not to create more than one account for yourself, although you may create more than one business profile and connect them to your account. If we delete your account, you must get our permission before you will create another account. Securing your account is your own responsibility. You agree not to share your password with anyone or allow any other person to access your account.
You agree that, when accessing or using the Website, you will at all times comply with all applicable laws, including but not limited to all intellectual property laws. You also agree that, when accessing or using the Website, you will respect the intellectual property rights of others. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Material in violation of our or any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You acknowledge that certain services provided by Raisefunds may require your agreement to additional terms and conditions of use (“Additional Terms”). To the extent Raisefunds provides links to Additional Terms, you agree to such Additional Terms as a condition to your use of the services for which agreement to such Additional Terms are required. Without limiting the foregoing, you are hereby notified and acknowledge that all payments made in connection with the Website, including, without limitation, any donation, purchases or investments made for projects posted on the Website are handled through the third party service provide stripe.com and your use of such service is subject to the Additional Terms of stripe.com available at: https://stripe.com/us/terms.
Raisefunds may allow its users to post or send information, including, text, data, audio and visual content to certain portions of the Website and portions of the Materials, including any content provided in the individual and business profiles hosted on the Website may include unedited content provided by third parties that may not be reviewed by Raisefunds. All such information, postings, messages, text, images, links to third-party websites or other materials published on or otherwise made available through this section (the “User Content”) are the sole responsibility of the person(s) who originated such User Content and RaiseFunds may not monitor and does not control such User Content, though RaiseFunds reserves the right at all times (but will not have an obligation) to remove any User Content, and RaiseFunds failure to block or otherwise remove any User Content shall not be deemed an endorsement of any User Content. The User Content is without representation, guaranty or warranty of any kind and you should consult with legal, accounting, or other professions as appropriate prior to your use of or reliance on the User Content.
The Website and the Material (including without limitation the User Content and any information, documents, forms, resources, or referrals contained thereon or therein) are provided “AS IS” and WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM THE USE OF THE WEBSITE OR THE MATERIAL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND THE MATERIAL, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that the Website or the Material will meet your requirements, and we explicitly advise you that all or part of the Material may be inapplicable to or inappropriate for your particular circumstances. Therefore, you should consult with an appropriate legal, accounting, or other professional prior to your use of or reliance of any of the Material. We are under no obligation to and do not undertake to update or verify the completeness or correctness of any Material.
While some of the Material on the Website may relate to legal, tax, investment, or accounting matters, neither we nor any of the professionals providing Material on the Website are providing professional advice to you, and you acknowledge that there is no professional relationship (including without limitation any attorney-client relationship) between you and any of the same, unless you and such party specifically agree otherwise. We are not a licensed broker-dealer and do not offer investment advice. If we feature businesses and/or founders on our Website, we are not implying that we endorse them or that we are representing anything about the quality of any potential investment in such companies.
System Requirements. In order to access the Materials, you must have Internet access, and the necessary minimum specifications (“Software Requirements”). The Software Requirements are as follows: [*].
Your Decision to use the Website and the Material is Voluntary. You acknowledge and agree that your use of the Website and the Material and any information submitted by you in connection therewith is voluntary.
Restrictions on Access to the Database. Without limiting the rights of RaiseFunds to manage the Database as set forth above, you acknowledge and agree that RaiseFunds, in its sole and absolute discretion and without notice to you, shall have the right to enter into arrangements with various of its customers to restrict the access to and use of the Database on such terms as may be agreed upon by RaiseFunds and any such customer. By way of example only, and without limiting the foregoing, RaiseFunds may elect to restrict access to some or all elements of the Database to one or more specific customers on an exclusive basis and to exclude all others from viewing and/or using the Database.
No Right to Withdraw Results or Other Information. To preserve the integrity, functionality and value of the Database, you do not have the right to withdraw and/or otherwise change your Results, and/or any personal information associated with your Results, from the Database. If you do not wish to be bound by this provision, do not use the Website to access the Materials.
Intellectual Property Rights. Subject to the rights of third parties to any content posted on the Website as elsewhere provided herein, all copyright, trademark, patent and other intellectual property rights in the Materials, the Database and the RaiseFunds.com website are owned by RaiseFunds or its licensors. RaiseFunds hereby grants you a non-exclusive, royalty-free and revocable license to use the Materials on the RaiseFunds.com website, in accordance with the terms and conditions of the TOU.
Restrictions on Your Use of the Materials. You will not, nor will you allow third parties on your behalf, to (i) make and distribute copies of the Materials or any portion or component thereof; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Materials or any portion or component thereof; or (iii) create derivative works of the Materials or any portion or component thereof of any kind whatsoever. Any use of the Materials or any part of the thereof, except as permitted in the TOU, is strictly prohibited and may subject you to civil and criminal penalties, including monetary damages, for copyright and other intellectual property infringement.
Factors Outside Control of RaiseFunds. You acknowledge that the Materials are provided over the Internet and/or mobile networks, and accordingly, the quality and availability of the Materials and/or the RaiseFunds.com Website may be affected by factors outside of the control of RaiseFunds.
Disclaimer of Responsibility and Liability. RaiseFunds does not accept any responsibility whatsoever for unavailability of the Materials or the RaiseFunds.com Website, any difficulty or inability to download or access content, or any other communication system failure which may result in the Materials or RaiseFunds.com Website being unavailable. RaiseFunds shall not be liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones, as applicable, as a result of the accessing the Materials or the Website. RaiseFunds shall not be liable, directly or indirectly, for any use of the Materials or the Results.
Disclaimer of Warranties. The Materials and Website are provided “as is” and “as available” without warranty of any kind. To the maximum extent permitted by law, RaiseFunds disclaims all warranties, including implied warranties, with regard to the Materials and Website.
Limitation of Liability. In no event shall RaiseFunds be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind arising out of the use of the Materials, whether or not in the contemplation of the parties, whether based on breach of contract, tort, product liability or other basis.
Waiver and Indemnity. You agree to indemnify and hold RaiseFunds, its directors, officers, members, managers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of the TOU, your use of the Materials or Website, or any action taken by RaiseFunds as part of its investigation of a suspected violation of the TOU or as a result of its finding or decision that a violation of the TOU has occurred. You also agree to indemnify and hold RaiseFunds, its directors, officers, members, managers, employees, affiliates, agents, contractors, and licensors harmless in the event of RaiseFunds’s decision to not allow you to use all or any portion of the Materials or Website, and/or to take any other action during the investigation of a suspected violation, or as a result of RaiseFunds’s determination that a violation of the TOU has occurred. This waiver and indemnity provision applies to all violations described in, resulting from, or contemplated by the TOU.
3. GENERAL DISCLAIMERS AND CAUTIONARY NOTES
The following disclaimers and cautionary notes apply generally to RaiseFunds, the Material and the Database.
General Disclaimer of Liability. The contents of RaiseFunds, such as text, graphics, images and software, including that licensed or used by RaiseFunds to permit users to access RaiseFunds.com, and any services, resources or materials in which any of the foregoing are embodied, are collectively referred to herein as “Content.” Without limiting any other notices and disclaimers in the TOU, please note that the Website and the Content are made available without warranties or guaranties of any kind, and RaiseFunds disclaims any liability for any injury or damage resulting from the use of RaiseFunds.com, the Content, and/or any information, services, product, or other resources that may be mentioned or made accessible through the Website.
You acknowledge that in accessing the Website, information will be transmitted over local exchange, inter-exchange, and Internet backbone carrier lines and through routers, switches, and other devices owned, maintained, and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of RaiseFunds. Accordingly, RaiseFunds assumes no liability for or relating to the delivery, delay, failure, interruption, or corruption of the Content, or any portion thereof, or any data or other information transmitted in connection with use of the Website.
RaiseFunds.com and the Content are provided on an “as is” basis without any warranties of any kind. To the fullest extent permitted by law, RaiseFunds disclaims all warranties, either express or implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for any particular purpose. RaiseFunds makes no representations or warranties about the accuracy, reliability, completeness, correctness, security or timeliness of the Content. Likewise, RaiseFunds does not make any warranty that the Content on the Website satisfies any applicable laws or government regulations.
In no event shall RaiseFunds be liable for any damages whatsoever, (including, without limitation, actual, direct, indirect, compensatory, special, punitive, exemplary, incidental and consequential damages, lost profits, or damages resulting from litigation, lost data or business interruption) resulting from use or inability to use RaiseFunds.com or the Content. This disclaimer applies, without limitation, to any damages or liability based on warranty, contract, tort or any other legal theory, to any damages or injury arising from RaiseFunds’s removal or deletion of any materials or records, or any failure of performance, error, omission, interruption, deletion, transmission, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, theft, destruction, or unauthorized access to, alteration of, or use of any materials or records, and whether or not RaiseFunds is advised of the possibility of such damages or liability.
Disclaimer Regarding Securities. None of the information contained in the publicly available portions of the Webstie constitutes a recommendation, solicitation or offer by RaiseFunds or its affiliates to buy or sell any securities, futures, options or other financial instruments or other assets or provide any investment advice or service. The information contained in the Website has been prepared without reference to any particular user’s investment requirements or financial situation. The information and services provided on the Website are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where RaiseFunds is not authorized to provide such information or services. Some products and services described in the RaiseFunds Sites may not be available in all jurisdictions or to all clients.
4. RAISEFUNDS’ INTELLECTUAL PROPERTY RIGHTS - USE OF WEBSITE AND CONTENT; COPYRIGHT
Upon acceptance of the TOU, RaiseFunds authorizes you to view the Website and Content that RaiseFunds makes available. The Content is protected by copyright under both United States and foreign laws. Under no circumstances will your access to, or use of, the Website result in you or any other user obtaining any right, title or interest in the Content, or any portion thereof. Unauthorized use of the Content may violate copyright, trademark, and other laws. Except as expressly provided otherwise, no portion of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, downloaded, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, resold or redistributed without the prior written consent of RaiseFunds.
Website Use. RaiseFunds grants you a limited, non-exclusive and revocable license to use this Website solely for your own personal use, and not for distribution, assignment, sublicense, sale, preparation of derivative works, or other unauthorized use. Other than printing or downloading of one or more pages or screens of the Website for your personal use, you are not allowed to print any pages or screens from the Website, or to download pages or screens for local storage or distribution, without the prior written consent of RaiseFunds. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the Website and/or any of the Content, in whole or in part, without the prior written consent of RaiseFunds, which may be withheld in RaiseFunds’s sole and absolute discretion.
Copyrights and Trademarks of RaiseFunds. RaiseFunds reserves all rights under copyright, trademark, and other applicable law in the Content and in the trademarks and service marks of RaiseFunds. RAISEFUNDS is a trademark and service mark of RaiseFunds. You agree not to use or display trademarks and/or service marks owned by RaiseFunds without its prior written consent. Other copyrighted materials or trademarks not owned by RaiseFunds that may appear on, at or through the Website are used either by permission of the copyright and/or trademark owners, or pursuant to the Fair Use Doctrine under copyright law and/or trademark fair use, and are the property of their respective owners.
Notice and Procedure for Making Claims of Copyright Infringement.
RaiseFunds will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following:
General Counsel, RaiseFunds, LLC
To be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the allegedly infringing material and information reasonably sufficient to permit the designated agent or service provider to locate such allegedly infringing material;
4. Information reasonably sufficient to permit the designated agent or service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
5. A statement that the complaining party has 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
6. A statement under penalty of perjury that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner whose right is allegedly infringed.
Change in Website and Content. The Website and Content is subject to change without notice at the sole discretion of RaiseFunds. RaiseFunds does not guarantee availability of its Website and Content and reserves the right to change, withdraw, suspend, or discontinue the Website and Content, or any portion thereof, at any time and without any prior notice to any of its users.
Links to Other Websites. RaiseFunds.com may contain links to third party websites, including, without limitation, links to affiliates of Raisefunds, sponsors or advertisers. Any such links are provided solely as a convenience to you. RaiseFunds is not responsible for the content of any linked third party sites, and does not make any representations regarding the content or accuracy of any materials on such third party websites. We assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those websites. If you access any linked third party website, you do so at your own risk. Your use of third party websites is subject to any applicable terms and conditions of use for those sites, which you are solely responsible for investigating.
We may provide links to or advertise third-party service providers whom you may engage to provide you with services. You acknowledge and agree that we do not operate any such third-party service providers’ business, nor do we control or have any involvement in their provision of services, nor are we a party to any agreement between you and any such third-party service providers. Each third-party service provider is responsible for the provision of services it offers. You agree that if you contact any such third-party service provider and/or engage any of its services, you do so at your own risk and without any warranty, express or implied, by us regarding it or its services, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Under no circumstances will we be liable for any damages arising from your interactions with any such third-party service providers.
Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website and Content. You further agree that any information provided by you is truthful and accurate to the best of your knowledge.
Prohibited Conduct. You agree not to access RaiseFunds.com for any purpose except those specifically authorized by RaiseFunds. You agree not to engage in any activity or conduct that results, whether directly or indirectly, in the disruption or interruption of the Website; the interference with access and/or use of the Website by other users; the addition, deletion and/or modification of the Website; the unauthorized collection, recording, storage, and/or use of personal data about other RaiseFunds.com users; the breach, or attempt to breach, the security and/or authentication features of the Website; the modification, reverse engineering, decompilation, decoding, disassembly or otherwise accessing of the source code used by RaiseFunds in connection with the Website; the use of the Website for any activities that are contrary to applicable law or regulations; the use of the Website to send unsolicited communications, whether personal or commercial in nature; the use of the Website as a pseudonymous return email address; and/or the registration or use of any domain name or keyword that contains or is confusingly similar to RAISEFUNDS or any other trademarks or service marks owned by RaiseFunds. Without limiting the foregoing, and by way of example only, the user may not introduce any viruses, Trojan horses, worms, spyware, or other software of any kind whatsoever, or engage in “flooding,” “spamming,” “spoofing,” “mail bombing,” “crashing,” or the forgery of any information that states or suggests a false affiliation or origin of emails and other electronic matter. You further agree that you are responsible for any unauthorized use of your account that is made before you have notified us and we have had a reasonable opportunity to act on that notice. We reserve the right to suspend or cancel your account, even without receiving such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner. Notwithstanding the above, you are responsible for monitoring your account and should promptly report any unauthorized or suspicious activity in your account to us by phone at [[email protected]].
Termination of Right to Use or View Website and Content. If you violate any of the TOU, your permission to access or use the Website and Content may be terminated at the sole discretion of RaiseFunds. RaiseFunds reserves the right to release current or past user information in the event that RaiseFunds, in its sole discretion, believes, or has reason to believe, the Website is being used in violation of the TOU, or in violation of any local, state or federal law.
Indemnity. You agree to defend, indemnify and hold RaiseFunds, its officers, directors, employees, agents, shareholders, partners, affiliates, licensors, and/or suppliers, and their respective parent companies, affiliated entities, successors, licensees, and assigns and their respective officers, directors, employees, representatives, agents, advertising and promotion agencies, and independent contractors harmless from and against any claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of RaiseFunds.com and/or its Content. RaiseFunds shall provide notice to you of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of RaiseFunds against any such claim, suit or proceeding.
Jurisdiction and Applicable Law. The Materials and Website and the use thereof is operated by RaiseFunds from its offices in the State of California, United States of America. You agree to comply with all local, state, federal and national laws, statutes, ordinances and regulations that apply to your use of the Materials and Website. You expressly agree and consent to the exercise of personal jurisdiction in the state or federal courts located in Los Angeles County, California, in connection with any dispute or claim relating to RaiseFunds.com, the TOU and/or the Content involving you, RaiseFunds and/or its officers, directors, employees, affiliates, subsidiaries, shareholders, contractors, telecommunication providers and content providers. The TOU are governed by the laws of the State of California, without respect to its conflict of laws principles.
Severability. If any provision of the TOU is found to be invalid by any court having competent jurisdiction, the remaining provisions of the TOU shall remain in full force and effect.
Waiver. The failure of RaiseFunds to exercise or enforce any right or provision of the TOU shall not operate as a waiver of such right or provision. No waiver of the TOU shall be effective unless it is in writing and signed by an authorized representative of RaiseFunds. You also acknowledge that any written waiver, unless expressly provided for otherwise, shall not be deemed a further or continuing waiver of such term or condition or any other term or condition.
Relationship of the Parties. Nothing contained in the TOU or your use of the Website or Content shall be construed to create or constitute a relationship of RaiseFunds with the user as a partner, joint venturer, employee or agent of RaiseFunds, nor are you permitted to hold yourself out as partner, joint venturer, employee or agent of RaiseFunds.
Complete Agreement. Except as expressly provided in notices posted on RaiseFunds.com, or otherwise expressly provided by RaiseFunds in writing, such as when you voluntarily participate in any services provided by the Website, the TOU constitute the entire agreement between you and RaiseFunds with respect to your use of the Website and/or the Content.
46-E Pennisula Center Dr. #245
Rolling Hills Estates, CA 90274
Phone: (866) 620-2763
Email: [email protected]