Term And Conditions
Our visitors’ privacy is important to us, and we recognize the need to provide additional privacy protection for children using our Platform. Our privacy practices are guided by ‘COPPA’ (The United States’ Children’s Online Privacy Protection Act of 1998), as well as other data privacy laws. Visitors under 18 years of age should always check with their parents or guardians before entering any information online. No children 13 years of age or younger may use this Platform without the verifiable consent of their parent or guardian.
1. What is FunRaisen?
FunRaisen is an online fundraising platform (the “Platform”) that allows Users to raise funds for their own Campaigns as well as contribute to the Campaigns of others. Administrators can manage their fundraising Campaign as well as collect donations for their school, team, event, activity, or Organization. The Services do not include the offer or sale of securities (as defined in the Securities Act of 1993) nor is FunRaisen a broker-dealer or a member of the Financial Industry Regulatory Authority.
2. User Account and Obligations
FunRaisen grants Users a limited, non-exclusive, non-transferable, and revocable license to use our Services, subject to the Terms of this entire Agreement. Access to our Services are predicated upon your ability to meet, and your continuing to meet, all of the requirements and standards delineated in this agreement, and your acceptance of all of the Term and all other portions of this Agreement. FunRaisen reserves the right to review any request to access our Services and participate in a Campaign, and to deny any request for any reason.
Users are responsible for their own account. To utilize our Services, you will need to register and create an account with personal information including an email address and password. Users must provide accurate and complete information, and you must update your account information as needed to keep the information accurate and complete. Users may not impersonate anyone else or violate any individual’s rights. You are solely responsible for maintaining the confidentiality of your account and for all activities associated with or occurring under your account. Users are responsible for maintaining the confidentiality of their credentials and you are prohibited from selling, trading, or otherwise transferring their credentials to any other party. If you suspect or discover any unauthorized use of your account, you must notify FunRaisen immediately by emailing us at firstname.lastname@example.org. To the extent permissible under applicable law, FunRaisen is not responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your account with or without your knowledge.
You may not take any action that violates any law, infringes, or violates anyone else’s rights, or breaches any agreements or legal obligations that you have toward or with anyone. You may not offer any items or incentives that are illegal, violate any of FunRaisen’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
Users must respect the property and privacy of others.
You may not post any information you know to be false, misleading, or inaccurate. You may not do anything considered to be deceptive or fraudulent.
You must respect the rights of others. You may not threaten, abuse, harass, defame, or engage in any behavior that is libelous, tortious, obscene, profane or invasive of another person’s privacy.
Users will avoid spam and unsolicited communications. You may not distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. You may not run mail lists or any kind of autoresponder or spam on or through our Website or Services.
Users agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Services.
When using our Services or in a Campaign, you may receive information about other Users, including personally identifiable information such as names and email addresses. This information is provided purely for the purpose of fulfilling the requirements of the applicable Campaign and other Services, and may not be used for other purposes, including cross-promotional marketing, without separate, verifiable consent from the User. You will maintain records of all such verifiable consent.
You may submit a request to delete your account by sending an email to email@example.com, but this will not automatically delete User Content. We may need to retain certain information as required by law or as necessary of our legitimate business purposes. All provisions of these Terms survive termination of an account, including our rights to User Content.
3. User Acknowledgments
User hereby acknowledges and agrees that access to our Services, and use of our Services in conjunction with any Campaign, does not constitute a solicitation of donations by FunRaisen. Additionally, you acknowledge and agree that while FunRaisen may designate a representative to be available to answer your questions, such representative is solely available to answer questions related to the functionality and features of the Services. During the Term of this Agreement you agree that you shall promptly respond to any inquiries, questions, or requests for updates from FunRaisen related to the use of our Services or any other matter related to this Agreement.
User acknowledges and agrees that use of the internet and access to or transmissions or communications with our Services is solely at your own risk. The confidentiality of any communication or material(s) transmitted to/from the FunRaisen Website or Services over the internet of other form of communication network cannot be guaranteed.
User acknowledges that under no circumstances, will any User post any false, offensive, abusive, libelous, hateful, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, or pornographic material. User will not post any material that is an invasion or violation of another’s right of privacy or publicity. Any User Content that violated these Terms can result in the immediate termination of the User account at our sole discretion.
If you are under 13 years of age, you may not use our Services unless and until your parent or guardian understands the terms of your planned participation and the information about you to be disclosed and collected. All parents and guardians of Users under the age of 13 will be immediately notified of the User’s registration and be given the option to restrict that registration. If a User is older than 13 years of age, but under 18 years of age, we highly recommend that you review this entire Agreement and discuss your planned use of our Services with your parent or guardian to ensure that your parent or guardian understands the terms of your planned participation.
If you reside in a jurisdiction that would restrict the use of our Services, or any of the functionalities or features offered via our Website, Services, or a Campaign, because of age, or restricts the ability to enter into contracts as such as this one due to age, you must abide by such age limits and you must not use our Services if you are not permitted to do so by such local jurisdiction.
FunRaisen provides Users with the ability to upload pictures, images, photographs, videos, logos, and other content (“User Content”) for use in conjunction with your Campaign(s). You represent and warrant that (i) you own the Content posted by you using our Services or otherwise used in conjunction with any campaign, or otherwise have the right to grant the rights and licenses set for in this Agreement; (ii) you have all approvals and permissions required for posting or using any such Content; and (iii) the posting and use of your Content on or through our Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights. You agree to pay for all royalties, fees and any other monies owed for any Content you post on or throughout the Services or use in conjunction with any Campaign. Additionally, if you are under the age of 13, you represent and warrant that you shall not post any pictures of yourself or anyone else under the age of 13, or post any other information with respect to yourself or anyone else under the age of 13, without the express consent and understanding of your parent or guardian, and from the parent or guardian of anyone else under the age of 13 whose image or information will be posted.
With respect to any User Content, you hereby grant to FunRaisen an irrevocable, royalty-free and fully paid, non-exclusive, perpetual right and license though the world to transmit, reproduce, store, display, and distribute the Content, in whole or in part, for any and all purposes. You understand and agree that the appearance of any such Content may be altered by FunRaisen as FunRaisen determines in its sole discretion is needed to enable such Content to be displayed and you agree to hold harmless FunRaisen against, to release FunRaisen from, and not to pursue again FunRaisen any claim that you may have (or that you may have in the future) arising out of or related to any such alteration of any such Content or the display on our Services of any such altered Content.
4. FunRaisen’s Role
All content related to any Campaign including any descriptions or information regarding an Organization is being provided by the User(s) of our Services, and FunRaisen neither edits nor verifies any of such content. The inclusion of any such Organization in a Campaign or on our Website should not be viewed as an endorsement or recommendation of any kind, and FunRaisen makes no warranty or guarantee as to the truthfulness of any statements concerning the Organization, or the worthiness, good standing, or financial health of any such Organization. We also make no promises as to how any Donations may be used by the Organization. We do not monitor or control any of the Organizations activities, and we shall not be responsible, in any manner or form, for the use or non-use of any funds or donations given to any such Organizations.
FunRaisen may remove User Content at our discretion at any time.
FunRaisen does not provide tax or legal advice to Users, you are solely responsible for determining how the tax laws, or any other laws, apply to running a Campaign, contributing to a Campaign, or utilizing any of the Services.
We do not become involved in legal disputes between Users or third parties. Though we may facilitate discussions between Users who have disputes with each other, FunRaisen takes no responsibility and does not have any liability for any disputes or violations of agreements between any Users, including between Administrators and Sponsors.
FunRaisen may offer services to Users, including, without limitation, helping with drafting Campaign contents, assisting with Campaigns, or any other assistance/advice requested. Such services may be subject to a separate agreement between the User and FunRaisen. In either case, Administrators remain solely responsible for the Campaign and must comply with all obligations herein as the only responsible party for the Campaign.
FunRaisen makes no representation or warranty that the Website, Services, or any Campaign will operate error free or in an uninterrupted fashion or that any files of information that you download from the Website will be free of viruses or contamination or destructive features.
5. Creating a Campaign; Administrators
When you, as an Administrator, create a Campaign using our Services and ask for Contributions, you understand that you are entering into separate legal agreements with both FunRaisen and with the Sponsors, and the following rules will also apply, in addition to all other Terms in the Agreement.
Creating a running a Campaign is completely free to get started. Administrators will be charged a Service Fee as a portion of the Contributions the receive. The Service Fees are effective on the date the Service Fees are posted and may be updated from time to time. Service Fees will be charged at the then-current rate, or the rate agreed to by both FunRaisen and the Administrator. Service Fees will be automatically deducted from any payment issued by FunRaisen to the Administrator or their appointed beneficiary.
In connection with receiving Contributions from Sponsors, Administrators appoint FunRaisen as the Administrator’s limited agent for the sole purpose of receiving, holding, and settling payments to such Administrator or their appointed beneficiary. As the Administrators agent, FunRaisen’s receipt of Contributions on the Administrator’s behalf is the same as receipt of Contributions directly by an Administrator. FunRaisen’s appointment with respect to a Contribution terminates with the settlement of payment to the Administrator or their appointed beneficiary. Until payment is settled to the Administrator or their beneficiary, the Administrator agrees to bear the risk of loss, theft, destruction, or damage to that contribution.
Administrators should not ask for any information that is not required for their legitimate business purposes and should not request sensitive personal information such as a Social Security number or credit card/banking information from their Sponsors.
6. Contributing to a Campaign; Sponsors
When a Sponsor makes a Contribution to a Campaign, the Sponsor understands that the following rules and terms apply, in addition to all other Terms in the Agreement.
All Contributions are made voluntarily and at the sole discretion and risk of the Sponsor.
FunRaisen does not guarantee that Contributions will be used as promised by the Administrator or the Organization, or that the Campaign will achieve its goals. FunRaisen does not endorse, guarantee, make representations, or provide warranties for or about the quality , safety, morality, or legality of any Campaign or Contribution, or the truth or accuracy of User Content posted, therefore all Contributions are made at your own risk.
Sponsors will only use valid or authorized credit or debit cards as their payment method. Your card will be charged the amount of your total Contribution at the conclusion of the Campaign, as set by the Administrator, that you contributed to.
All donations are final and non-refundable once a Campaign has ended. If a Campaign has ended, Sponsor may try to contact the Administrator directly to request a refund. FunRaisen may, at its discretion, facilitate communications between an Administrator and a Sponsor, but we have no obligation to do so or to become involved in any way in any dispute.
FunRaisen makes no representations or warranties as to whether any portion of your Donation is tax deductible as aa charitable contribution. It is the responsibility of the Sponsor to confirm if the Beneficiary is a qualified organization. FunRaisen does not offer any tax or legal advice.
7. Term and Termination
This Agreement shall be effective as of the moment you access the Website, Services, or a Campaign, and shall continue until either Party terminates the Agreement (the “Term”). This Agreement may be terminated by FunRaisen immediately for any reason by giving the User written notice (email shall suffice) of such termination, or by FunRaisen terminating User’s access to User’s account. This Agreement may be terminated by the User for any reason by emailing FunRaisen at firstname.lastname@example.org, and by ceasing all activities related to your use of our Services and any Campaign.
In addition, FunRaisen reserve all of its legal rights to pursue any and all legal remedies if we believe your use of our Services or involvement with a Campaign is fraudulent or otherwise unlawful, or you are taking any actions or omissions that violate any term or condition of this Agreement or in order to protect our name and goodwill, our business, our intellectual property and/or other User. The provisions covering FunRaisen’s proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this Agreement for any reason.
8. Termination of Access
FunRaisen has the right, but not the obligation, to monitor your use of our Services and any Campaigns, and any and all related activities associated with such use. FunRaisen reserves the right, at any time and without prior notice, to suspend or terminate your account, or restrict, disable, or permanently bar your use and access to our Services, if we believe, at our sole discretion, that you have engaged, or may engage, in any of the prohibited activities in this Agreement, or are otherwise in violation of this Agreement, or for any other reason. FunRaisen will have no liability to you or third parties for any use of the Services associated with your account or Campaign. Upon termination, User must cease all use of the Services. All representations and warranties shall survive termination.
9. Fees and Taxes
There are no fees for creating an account on the Website. Administrators are charged a Service Fee as a portion of the Contributions raised for their Organization. The Service Fees are effective on the date that the Service Fees are posted and can be found at www.funraisen.com/pricing. In some cases, Services Fees will be altered or negotiated for the Organization. In this case, the newly negotiated Services Fees will apply on a one-time basis to the Organization.
Taxing authorities may classify Contributions as taxable income to the Administrator or Organization and any beneficiary who will receive funds directly from the applicable Campaign. FunRaisen may ask for the tax identification number or employer identification number (TIN/EIN) of Administrators/Organizations and any beneficiaries so that we may report taxable income to the relevant taxing authorities. FunRaisen may provide Administrators or Organizations with a tax document if required by the relevant taxing authorities. FunRaisen is unable to provide any User or third party with tax advice and suggests that all Users or third parties consult with a tax professional of their choice.
10. Payments and Payment Processing
Credit card payment processing services on FunRaisen are provided by Stripe, Inc. (“Stripe”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Services (collectively, the “Stripe Services Agreement”). As a User, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of FunRaisen enabling credit card payment processing services through Stripe, you agree to provide FunRaisen accurate and complete information about you and your business, and you authorize FunRaisen to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe.
FunRaisen is not affiliated with Stripe. Accordingly, FunRaisen expressly disclaims responsibility and liability for all services provided by Stripe, including those related to all donation and payment transactions, and you hereby agree that FunRaisen shall not be responsible for any loss or damage of any sort incurred as a result of your use of such service.
By default, disbursement to any Organization or representative of an Organization will be made via check. Within 28 business days from the end date of the Campaign, a check will be issued and sent to the Beneficiary at the mailing address provided or delivered to a FunRaisen representative. FunRaisen’s applicable Service Fees will be deducted from the amount delivered to the Beneficiary.
11. Intellectual Property
Except as otherwise expressly stated, all content appearing on the Platform is the copyrighted work of FunRaisen or its third party content suppliers and is protected by the U.S. and international copyright laws. The Compliation (meaning the collection, arrangement and assembly) of all content is also the exclusive property of FunRaisen and is protected byt U.S. and international copyright laws.
You may download information from the Platform and print out a hard copy for your personal use provided that you keep intact and don not remove or alter any copyright or other notice contained in the information. Except as otherwise expressly stated herein or otherwise permitted, you may not alter, modify, copy, distribute(for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create in part, including any text, images, audio, and video in any manner, without the prior written authorization of FunRaisen or any third party suppliers. The use of content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by FunRaisen. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. FunRaisen does not warrant or represent that your use of content, or any other materials displayed on the Platform will not infringe on rights of third parties. FunRaisen grants Users a limited license to access and use User Content and FunRaisen Content, solely for the use of the Services, in accordance with these Terms. FunRaisen reserves the right to revoke this license to access and use User Content and FunRaisen Content granted to you at any time.
Your User Content remains your property and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws. When you submit any User Content to our Website or via our Services, you agree to the follow. (a) You grant FunRaisen a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable, right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to User Content. (b) You grant FunRaisen the right to make changes, edits, modifications, translations, formatting, or otherwise change or delete any User Content. (c) You represent and warrant that (i) you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in the Terms to FunRaisen with respect to your User Content; (ii) your User Content does not and will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate the Terms or applicable law, and (iii) FunRaisen shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use of your User Content or have any liability to a User or any other party as a result of any use or exploitation of your User Content.
FunRaisen complies with intellectual property laws and industry best practices in order to maintain the integrity of our Website and Services. The Digital Millennium Copyright Act (“DCMA”) sets out the legal system to report notices of alleged copyright infringement, and FunRaisen also maintains policies concerning claims of trademark and patent infringement. FuRaisen reserves the right to delete or disable User Content alleged to be infringing. In appropriate circumstances and at FunRaisen’s sole discretion, we shall terminate access to our Services for Users who infringe on the intellectual property rights of others.
To submit a claim of copyright infringement, please message us at email@example.com.
User agrees that the submission of any ideas, suggestions, documents, and/or proposals that you might provide to FunRaisen (“Feedback”) is at your own risk and that FunRaisen has no obligations (including without limitation obligations of confidentiality) with respect to such feedback. You represent and warrant that you have all the rights necessary to submit the Feedback. You hereby grant to FunRaisen a fully paid, royalty free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right to license and use, commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights. While FunRaisen appreciates hearing from our Users, we are under no obligation to evaluate, review, respond to, or use any Feedback.
13. System Outages and Maintenance
From time to time, our Services may be unavailable due to scheduled maintenance and other purposes, or due to unplanned outages or other malfunctions. FunRaisen is not responsible if the Services are unavailable, or if you lose any data, information, or User Content for any reason.
You agree to defend, indemnify and hold harmless FunRaisen, its subsidiaries and affiliated companies and their officers, directors, employees, partners, contractors, representatives, agents, and third party providers from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to, breach of the Terms or violation of any laws. FunRaisen reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us as reasonably required in the defense or settlement of any such matters. This indemnification obligation shall survive any termination of this Agreement.
15. No Warranty
FunRaisen has no fiduciary duty to any User. The Services, FunRaisen Content, User Content, and any other materials made available or through the use of the Services are provided on an “as-is” and “as-available” basis without any warranties of any kind, express or implied, including, without limitation, implied warranties of merchantability or fitness for a particular purpose, non-infringement or course of performance. To the fullest extent permissible pursuant to applicable law, FunRaisen and its affiliates, licensors, suppliers, advertisers, sponsors, and agents, disclaim all warranties, express or implied, including without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance, or usage of trade. FunRaisen and its affiliates, licensors, suppliers, advertisers, sponsors, and agents do not warrant that your use of the services will be uninterrupted, error-free or secure, that defects will be corrected, or that the Services or the server(s) on which the Services are hosted, or any services available on any third-party platform are free of viruses or other harmful components. No opinion, advice, or statement of FunRaisen or its affiliates, licensors, suppliers, advertisers, sponsors, agents, members, or visitors, whether made through the use of the Services or on third party platforms or otherwise, shall create any warranty. Your use of the Services, including without limitation any services provided on any third-party platform, are entirely at your own risk.
16. Disclaimer of Liability
The use of our Services is at your own risk. FunRaisen makes no representations about the quality, safety, morality, or legality of any Campaign or Contribution or the truth or accuracy of User Content posted on our Services. FunRaisen makes no guarantee that the Contributions will be used as described in the Campaign. FunRaisen does not control or endorse User Content posted on our Website or in any Services and, as such, does not guarantee in any manner the reliability, validity, accuracy, or truthfulness of such User Content. FunRaisen is not liable for any damages or losses related to your use of the Services.
FunRaisen does not get involved in disputes between Users, or between User and any third party relating to the Services.
You release FunRaisen from any and all claims. By using our Services, you release FunRaisen from claim, damages, and demands of every kind – known or unknown, suspected or unsuspected, disclosed or undisclosed – arising out of or in any way related to such dispute and the Services. All content that you access or use through the Services is entirely at your own risk and you are solely responsible for any resulting damage or loss to any party. All Challenges or activities a User participates in are at your own risk and you are solely responsible for any resulting damage or loss to yourself or any other party. In no event shall FunRaisen by liable to you or anyone else for personal injury or death, even if the possibility of such damages has been advised.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and the use of the Services and User Content, and any contact you have with other Users or third parties, whether in person or online, remains with you. Neither FunRaisen nor any other party involved in creating, producing, or delivering the services will be liable (whether based on warranty, contract, torn product liability, or any other legal theory, and whether or not FunRaisen has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose( for (a) any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill; (b) service interruption, computer damage or system failure; (c) the cost of substitute products or services; (d) any damage for person or bodily injury or emotional distress arising out of or in connection with the Terms; (e) the user f or inability to use the Services; (f) any communications or other interactions with other users or other person with whom you communicate or interact with as a result of your use of the Services; or (g) your Campaigns or Contributions.
In no event shall the total, aggregate liability of FunRaisen and its affiliates and subsidiaries, and their respective officers, directors, employees, and agents, arising from or relating to the Terms, Services, or User Content, or from the use of or inability to use the Services exceed the total amount of Fees actually paid to FunRaisen by you hereunder.
17. Outside of the U.S. Campaigns
If you are a non-U.S. User of our Services, by visiting or using any element thereof you agree to comply with all applicable federal and state U.S. laws. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. Without limiting the generality of the foregoing, if you are a User, you agree to obtain and comply with all conditions of any registrations, permits, licenses, consents, or permissions that you are required to hold in order to utilize our Services. You shall immediately cease using our services and notify FunRaisen if any such registration, permit, license, consent, or permission is terminated or revoked.
We make no representations that the Website, our Services, any Campaigns, and any information contained therein, including the Content, are appropriate, available, or legal in any location. Our Services are not intended for access or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject FunRaisen to any registration requirement within such jurisdiction or country. You hereby acknowledge and agree that you are choosing to access our Services on your own initiative and that you are responsible for compliance with all applicable international, federal, state, local, and any other applicable laws, statutes, ordinances, and regulations regarding your use of the thereof.
18. Equitable Relief
User recognizes and acknowledges that a breach of his or her obligations pursuant to this Agreement may cause irreparable and material loss and damage to FunRaisen and/or its affiliates, the amount of which cannot be determined readily and as to which FunRaisen and/or its affiliates will not have an adequate remedy at law or in damages. Accordingly, in addition to any remedy FunRaisen and/or its affiliates may have in damages by an action at law, FunRaisen and/or its affiliates shall be entitled to the issuance of an injunction restraining any such breach or threatened breach or any other remedy at law or in equity for any such breach.
During the Term of this Agreement and for three (3) years after termination, User agrees not to disclose any Confidential Information (as hereinafter defined) obtained from FunRaisen to any other person or entity. As used herein, “Confidential Information” means any information that is identified (orally or in writing) as confidential or is of such nature that a reasonable person would understand such information to be confidential. Confidential Information shall not include information generally known to the public, already known through legal means to the party receiving the information, or legally obtained from a third party who obtained it without violation of a duty of confidentiality to FunRaisen.
20. Waiver and Release (for CA Residents)
For Users in a jurisdiction that requires a specific statement regarding waiver and release, the following shall apply. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims, which states: “A general released does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You waive this section of the California Civil Code and any similar provision in law, regulation, or code that has the same effect or intent as the forementioned release.
21. Dispute Resolution, Arbitration, and Class Action Waiver
In the event of an issue, we encourage you to contact us before taking any other action, as most issues can be and are resolved without the involvement of a court or an arbitrator. If negotiations do not resolve any disputes relating your use of our Services or these Terms, you and FunRaisen agree to submit the dispute to arbitration. The only exceptions to arbitration are (a) for intellectual property claims alleging misuse, infringement, or misappropriation of IP; (b) for claims falling within the jurisdiction of small claims courts; and (c) where you have opted out of arbitration in accordance with these terms.
Any arbitration must be administered by the Judicial Arbitration and Mediation Service (JAMS) and under the JAMS Streamlined Arbitration Rules and Procedures. Judgement on the arbitration award may be entered in any court with any jurisdiction. Arbitrations may only take place on an individual basis. No class arbitrations or other grouping of parties is allowed. Aby agreeing to these terms, you are waiving your right to trial by jury or to participate in a class action or representative proceeding; FunRaisen is also waiving these rights. If this prohibition of class arbitrations is deemed unenforceable, the this entire section (“Dispute Resolution, Arbitration, and Class Action Waiver”) shall be deemed void and severed from the Terms. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
This “Dispute Resolution, Arbitration, and Class Action Waiver” section shall survive any termination of your account, these Terms, and the Services.
22. Legal Disputes Not Subject to Arbitration Will Be Handled in Salt Lake City, UT and Subject to Utah Law
FunRaisen is based in Salt Lake City, Utah. For any actions not subject to arbitration, you and FunRaisen agree to submit to the personal jurisdiction of a state court located in Salt Lake City, Utah or the United States District Court for Utah. The Terms and the relationship between you and FunRaisen shall be governed in all respects by the laws of the State of Utah, without regard to its conflict of law provisions.
23. General/Misc Provisions
Successors and Assigns
The rights and obligations of a Party under this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of that Party. A User may not assign its rights, subcontract or otherwise delegate its obligations under this Agreement without FunRaisen’s prior written consent. FunRaisen may directly or indirectly assign it rights, subcontract, or otherwise delegate its obligations, under this Agreement at any time, by contract or by operation of law.
Any notice required or permiteed by this Agreement shall be in writing and shall be deliverered as follows, with notice deemed given as indicated: (a) by personal delivery, when delivered personally; (b) by overnight courier, upon written verification of receipt; (c) by telecopy or facsimile transmission, upon acknowledgment of receipt of electronic transmission; (d) by certified or registered mail, return receipt requested, upon verification of receipt; or (e) only in regards to a Campaign, via email to the email address provided for FunRaisen.
FunRaisen shall not be liable for any failure or delay in the performance due in whole or in part to any cause beyond our reasonable control including a delay in services from its contractors, agents, or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
This agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Utah. Each of the Parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in Salt Lake City, Utah, as applicable, for any matter arising out of or relating to the Agreement, except that in actions seeking to enforce any order or any judgment of such federal or state courts located in Salt Lake City, Utah, such personal jurisdiction shall be nonexclusive.
Relationship of the Parties
Nothing in this Agreement will create any partnership, franchise, joint venture, sales representative, or employment relationship between the Parties. User shall not have any authority to act for or to bind FunRaisen or any of its affiliates in any way.
All provisions that by their nature are intended to survive, including but not limited to disclaimers of warranties, confidentiality, obligations, and limitations of liability provisions, shall survive the termination of the Agreement. All other provisions shall be of no further force or effect upon termination, provided that all such provisions shall survive to the limited extent necessary for your Campaign to be completed, whether during the Term of the Agreement or any time subsequent to such Term.
If any provision of this Agreement is deemed illegal, invalid or unenforceable by a court of law, that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and, for avoidance of any doubt, if such holding of invalidity or unenforceability is bases on a measure of liability, such provision shall be replaced by a legally valid measure of liability, Additionally, the legality, validity, and enforceability of the remaining provisions of the Agreement shall not be affected or impaired.
No term or provision hereof will be considered waived by a Party, and no breach excused by a Party, unless such waiver or consent is in writing signed by the Party to be charged therewith. This Agreement may be amended or modified by FunRaisen at any time.
24. Full Agreement
These Terms are the entire agreement between You and FunRaisen with respect to our Services. They supersede all other communications and proposals, whether oral, written or electronic, between You and FunRaisen with respect to the Services and govern our relationship. If any provision of these Terms is deemed invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force. FunRaisen’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please feel free to contact us with any questions or comments regarding these Terms and Conditions.