ShopRaise App End User License Agreement
IMPORTANT - READ CAREFULLY THE FOLLOWING EXTENSION END USER LICENSE AGREEMENT (the "Agreement") before installing or using the licensed extension ("Extension"). The terms of this Agreement constitute the complete and exclusive statement of the agreement between you, or the company on whose behalf you are installing the extension, ("you" or "your") and the developer of this Extension, Fundraising Portal LLC d/b/a ShopRaise (the "Company"), which supersedes any proposal or prior agreement, oral or written, and any other communication relating to the subject matter of this Agreement.
By clicking the "I agree" button (or any similar button), or by downloading, installing or using the Extension, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, click the "cancel" button (or any similar button) and the download and installation process will not begin, and do not use the Extension. Do not select "I agree", download, install or use the Extension until you have carefully read, understood, and agreed to this Agreement. FURTHERMORE, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW.
This Agreement together with the Company's privacy policy located at the Company's website (http://ShopRaise.com/privacy.php) (the "Privacy Policy") and any additional terms located at (http://ShopRaise.com/terms.php) (the "Terms"), which might apply to any products or services offered by the Company, from time to time, by or through the Company's website located at (http://ShopRaise.com) (the "Site"), govern your use of this Extension and any products or services provided or made available through the Extension and the Site. By installing and/or using the Extension you agree to also be legally bound by the Privacy Policy and the Terms, which are expressly incorporated herein by reference and made a part of this Agreement.
1.GRANT OF LICENSE. Subject to the terms and conditions of this Agreement, the Company grants you a limited, personal, non-exclusive, non-transferable, and non-sublicensable license to use, only in executable form only, the Extension, for your internal use.
2.LICENSE RESTRICTIONS. The Extension should be installed in accordance with the instructions provided during the installation process. Except as expressly and unambiguously permitted by this Agreement, you may not, nor permit anyone else to, directly or indirectly: (i) commercially distribute, rent, lease, market, sublicense, resell or otherwise transfer the Extension, (ii) copy or modify the Extension either alone or in conjunction with any other product or program, (iii) decompile, disassemble or reverse engineer all or any portion of the Extension, except and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation, (iv) remove any identification, including copyright, trademark, patent or other notices, contained in or on the Extension; or (v) use the Company's name, logo or trademarks without prior written consent from Company.
3.OWNERSHIP; COPYRIGHT PROTECTION. The Extension is licensed to you, not sold. As between the parties, all title, ownership rights, and intellectual property rights (including all copyrights, patents, trade secret rights and trademarks) in and to the Extension, including all documentation, shall remain in the Company, its affiliates, or their respective suppliers and/or licensors. All title and intellectual property rights in and to the content, which may be accessed through use of the Extension, are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
4.AUTOMATIC UPDATES; FEATURES. You acknowledge that the Extension may include automatic updating. You may not deactivate such automatic updates. You acknowledge that Company may use certain features and/or monetization tools that display certain information and content to you while using the Extension, including without limitation systems updates, service announcements, administrative messages regarding the service, advertisements, coupons, sponsored messages, photographs, graphics and information about the Extension.
5.TERM AND TERMINATION. The license is effective until terminated by you or by the Company. This license may also be automatically terminated upon termination of applicable Company’s license/s by its licensors. Your rights under this Agreement will terminate automatically without notice from the Company if you fail to comply with any term(s) of this Agreement. Upon termination of the licenses granted hereunder, you shall cease all use of the licensed Extension and destroy all copies, full or partial, of the licensed Extension.
6.THIRD-PARTY MATERIALS. The Extension enables access to third-party products or services and websites ("External Services"). You understand that by using the Extension and/or any of the External Services, you may be exposed to content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such third-party content. You may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against the Company with respect thereto.
7.COLLECTION OF INFORMATION. Subject to Company’s Privacy Policy, the Company may collect various types of information about you and your use of the Extension, including personally identifiable information and aggregate information that does not identify a particular user. Please refer to Company’s Privacy Policy for more details on the collection of information.
8.AFFILIATE TRACKING. The extension uses affiliate tracking to provide the shopping function. When a user chooses to click and thereby activate Affiliate Tracking for that online retailer, a racking cookie is placed on the user’s computer and they will be redirected to the Partner’s (aka online retailer’s site)
9.DISCLOSURE OF INFORMATION. Company may disclose any information you submitted via the use of the Extension if it has a good faith belief that disclosure of such information is reasonably necessary to (i) comply with any applicable law, regulation, legal process or governmental request, (ii) detect, prevent, or otherwise address fraud or security issues, or (iii) protect against harm to the rights, property or safety of Company, their users, yourself or the public.
In the event that Company is acquired by or merged with a third party entity, Company reserves the right to transfer or assign the information Company may have collected from you as part of such merger, acquisition, sale, or other change of control. In the unlikely event of Company’s bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, Company may not be able to control how your information is treated, transferred, or used. In any of the circumstances described in this paragraph, the information will be subject to the privacy policy of the purchaser or assignee.
10.DISCLAIMER OF WARRANTIES. You understand that Company cannot and does not guarantee or warrant that the Extension will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Extension for any reconstruction of any lost data. COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE EXTENSION OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE EXTENSION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE EXTENSION, ITS CONTENT AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE EXTENSION IS AT YOUR OWN RISK. THE EXTENSION, ITS CONTENT AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE EXTENSION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE EXTENSION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE EXTENSION, ITS CONTENT OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE EXTENSION WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE EXTENSION OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE EXTENSION OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE EXTENSION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
11.LIMITATION OF LIABILITY. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE EXTENSION, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE EXTENSION OR SUCH OTHER WEBSITES OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE EXTENSION OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF THE COMPANY TO ANY USER FOR ANY LOSS, CLAIM, DAMAGE, OR LIABILITY OF ANY KIND WHATSOEVER, INCLUDING DUE TO THE COMPANY’S NEGLIGENCE OR MISCONDUCT, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY USER FOR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE EXTENSION DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM.
12.GOVERNMENT USE. If you are part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Extension is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Extension is a "commercial item", "commercial computer software" and "commercial computer software documentation". In accordance with such provisions, any use of the Extension by the Government shall be governed solely by the terms of this Agreement.
13.EXPORT CONTROLS. You acknowledge that the Extension may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the Extension as well as end-user, end-use and destination restrictions issued by national governments.
14.MISCELLANEOUS. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by the Company. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without the consent of the Company and any action or conduct in violation of the foregoing shall be void and without effect. This Agreement and any dispute or claim arising out of, or related to, it, its subject matter or its formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Colorado without regard to its conflict of law principles. Those provisions that by their nature survive any expiration or termination of this Agreement shall survive beyond any such expiration or termination.
Last revised: 5/16/2017
