ShopRaise terms and conditions
Last modified: 16 May 2017
Fundraising Portal LLC d/b/a ShopRaise ("ShopRaise", "we" or "us") provides an online fundraising platform and tools (described below) on or through www.ShopRaise.com and our mobile application(s) (together with any related websites and mobile services operated by us, the "Service"). By using the Service or any of its features, whether as a guest or a registered user, you agree to the following terms and conditions (the "Terms of Service"). In addition, when using particular features on or through the Service, you shall be subject to any posted policies and guidelines applicable to such features, including any terms or conditions applicable to features provided in conjunction with any of our content and/or business partners. All such rules and guidelines are hereby incorporated by reference into these Terms of Service.
THESE TERMS OF SERVICE COMPRISE A LEGAL AGREEMENT BETWEEN YOU AND SHOPRAISE (COLLECTIVELY, THE "PARTIES"). PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING ANY PART OF THE SERVICE AND/OR COMPLETING THE REGISTRATION PROCESS AND/OR CHECKING THE BOX THAT YOU AGREE TO THE TERMS AND CONDITIONS HEREUNDER, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT UNDERSTAND OR AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICE OR ANY OF ITS FEATURES OR COMPLETE THE REGISTRATION PROCESS.
What We Do
ShopRaise provides an online fundraising platform and tools to organizations (including but not limited to non-profit organizations), individuals raising money on behalf of organizations, and those simply raising money for projects they care about (collectively, the "Participants"). Participants may create fundraising websites where they can post information, photos and videos about their projects, offer products for sale to and receive donations from others (the "Supporters"), send e-mails to current and potential Supporters, and monitor their fundraising progress.
ShopRaise SERVES AS A PASSIVE INTERMEDIARY BETWEEN PARTICIPANTS AND SUPPORTERS. SHOPRAISE DOES NOT SOLICIT CONTRIBUTIONS DIRECTLY OR INDIRECTLY ON BEHALF OF ANY ORGANIZATION OR INDIVIDUAL AND IS NOT A PROFESSIONAL SOLICITOR, PROFESSIONAL FUNDRAISING COUNSEL OR COMMERCIAL CO-VENTURER AS SUCH TERMS ARE DEFINED UNDER STATE CHARITABLE SOLICITATION LAWS. SHOPRAISE MERELY PROVIDES AN ONLINE FUNDRAISING PLATFORM TO PARTICIPANTS AND SUPPORTERS.
By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Terms of Service agreement and to abide by all its terms and conditions.
ShopRaise hereby grants you a limited, nonexclusive, personal, nontransferable license to access and use the Service subject to these Terms of Service. Use of the Service that constitutes abuse shall be determined by ShopRaise, in its sole discretion. ShopRaise reserves the right to refuse your registration, cancel your account, and/or to limit or terminate your access to or use of the Service at any time without notice.
Access to the Service
You are responsible for obtaining access to the Service, and you must provide and are responsible for all equipment necessary to access the Service. You may not bypass any measures that have been implemented to prevent or restrict access to the Service. You are responsible for ensuring that all persons who access the Service through your internet connection are aware of these Terms of Service, and that they comply with them. Any unauthorized access to the Service by you (including any such access or use that involves in any way an account you may establish when using the Service or any device you may use to access the Service) shall terminate the license granted to you by ShopRaise.
Accounts and Security
ShopRaise requires all Participants who wish to raise funds and all Supporters who wish to donate funds to register for an account by providing certain registration details and other information. By registering for an account, you represent that all of the information, data and other materials you provide are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided to ShopRaise.
If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify ShopRaise of any unauthorized use of your username or password or any other breach of security related to your account or the Service. You also agree to ensure that you exit from your account at the end of each session. You are solely responsible for any and all activities that occur under your account. ShopRaise may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Service, have been made by you unless we receive notice indicating otherwise.
By using the Service you understand and agree that your use of the Service and use or reliance upon any of the materials through the Service is solely at your own risk. While ShopRaise takes reasonable efforts to review Participants and their fundraising efforts for compliance with our eligibility requirements, ShopRaise does not verify, endorse or control any information provided through the Service.
Participant Accounts. Any individual, entity or organization that registers for a Participant account is subject to the following additional terms and conditions of this Terms of Service agreement that apply specifically to Participants. By clicking any "Sign Up" button and registering as a Participant you represent and warrant that:
You are a U.S. citizen and 18 years of age or older, or you have received parental consent and are acting under parental supervision if you are under 18.
You are raising money for a cause or activity that is legal under all applicable federal, state and local laws and regulations.
You will use all donated funds solely for the purpose you have stated on the Service, and under no circumstances may you use the funds for any other purpose.
Additionally, you understand and agree that upon request, you may be required to provide supplementary information about yourself or your organization as a condition of continued use of the Service. Participants authorize ShopRaise to conduct background inquiries as ShopRaise deems appropriate to assess a Participant's eligibility for the Service or to review the Participant's continued use of the Service.
Supporter Accounts. Any individual, entity or organization that registers for a Supporter account is subject to the following additional terms and conditions of this Terms of Service agreement that apply specifically to Supporters. By clicking any "Donate" button and registering as a Supporter, you represent and warrant that:
You are a U.S. citizen and 18 years of age or older, or you have received parental consent and are acting under parental supervision if you are under 18.
Any donation you make is legal in your jurisdiction.
Participant Fundraising Fees
The Service serves as an intermediary between Participants and Supporters. ShopRaise allows Participants to create customized websites to raise money for a wide variety of causes (each, a "Portal"). ShopRaise makes no representations or warranties regarding the accuracy of any information contained in Participants' profiles or Portals. Without limiting the generality of the foregoing, ShopRaise does not warrant: (i) that the information on a Participant's profile or Portal is an accurate description of the Participant or a real person or organization; (ii) that the information on a Portal is an accurate description of the fundraising cause, the Participant's intended use of funds raised, or that the cause exists; or (iii) that a Participant who raises funds for a cause will use the funds in the manner specified on their Portal. Participants may use the Service to contact current and potential Supporters to raise funds as described below.
Online Transactions with Merchants. The Service enables Supporters to order and receive products and services directly from businesses that are not owned or operated by ShopRaise ("Merchants"). A Participant receives a monetary contribution(s) from a Merchant when a Supporter visits the Participant's Portal, is directed to the Merchant's website from the Portal, and purchases products and services on the Merchant's website. If the Supporter does not access a Merchant's website through a method that may be tracked such as the Participant's Portal or ShopRaise browser extension, the Participant will not receive a contribution from the Merchant.
ShopRaise is not responsible for setting or maintaining the amount of the contributions offered by any Merchant or for requirements of any Merchant's network or offer. Merchants have the right to change at any time, and without notice, the amount or percentage of any contributions it offers as well as the terms and conditions of any qualifying purchase and/or the availability of any particular offer. Your continued use of the Service thereafter will constitute acceptance of such terms and conditions. ShopRaise does not represent or warrant that any particular Merchant will participate in the Service at the time you register for the Service or at any time thereafter, or that any specific offer will be available at any time. Merchants may impose conditions or restrictions different from, or in addition to, those described on Portals. We do not represent or warrant, or give any assurances that any Merchant will provide a contribution for any particular transaction even where such transaction would appear to qualify for such contribution. We are not responsible for the failure of any Merchant to pay contributions in accordance with the terms of that Merchant's offer. Further, your participation in offers or promotions of, or correspondence with, any Merchant is solely between you and that Merchant. We do not assume any liability, obligation or responsibility for any part of any such correspondence, offer or promotion, including without limitation the withdrawal or modification of any such offer or promotion.
Merchants may use third parties to process payments associated with any order, which may result in certain charges to you. In addition, certain affiliate tracking companies may be used for certain transactions associated with the Service which may result in certain charges to you. If you are a Supporter, you agree that you are solely responsible to Merchants and/or third party processors and/or affiliate tracking companies for all payments and associated fees and charges related to any orders you submit. Please note that we provide notice to our users regarding any fees directly charged by ShopRaise for the Service, but we take no responsibility regarding any third-party charges of any kind.
Direct Donations. Supporters may use the Service to make direct donations to certain Participants they wish to support. We use a third party payment processor to process direct donations to Participants.
Transaction Fees. Please view the Pricing and Fees page to see all the current fees for using the portal.
Tax Deductions. Not all Participants are or are associated with non-profit organizations. ShopRaise merely facilitates donations and we do not represent or warrant that donations to any particular Participant are tax deductible. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER CERTAIN DONATIONS ARE TAX DEDUCTIBLE UNDER APPLICABLE TAX LAWS AND REGULATIONS. SHOPRAISE SHALL HAVE NO LIABILITY FOR ANY CLAIM BY ANY FEDERAL OR STATE TAX AUTHORITY WITH RESPECT TO ANY CHARACTERIZATION BY YOU OR ANY USER ON ANY APPLICABLE FEDERAL OR STATE TAX RETURN.
Legal Notices to California Users
California users are entitled to the following consumer rights information under California Civil Code § 1789.3:
Pricing Information. Currently there are no charges to you for use of the Service, other than the cost of any products or services purchased therein and any applicable taxes, shipping fees, and other charges associated with such purchases. ShopRaise reserves the right to add, delete, or change fees or charges at any time upon notice as provided in this Terms of Service agreement. ShopRaise can be reached at 4 White Fir Court, Littleton, CO, 80127, or by telephone at 303-948-1200.
Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.
The Service, our system, and these Terms of Service may change from time to time. ShopRaise reserves the right, in our sole discretion and without prior notice or liability, to discontinue or alter the Service or any feature of the Service including, without limitation: (i) restricting the time of availability; (ii) restricting the availability and/or scope of the Service for certain types of computers and operating systems; (iii) restricting the procedures for or amount of access or use permitted; (iv) restricting or terminating any user's right to access and use the Service, and (vi) changing system hardware and software. You are expected to check this page from time to time to take notice of any changes we make to these Terms of Service, as they are binding on you. Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes.
Intellectual Property Rights
The Service and the contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) provided by ShopRaise, are owned by ShopRaise, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You are permitted to use the Service only for the purposes stated in these Terms of Service. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our websites, in whole or in part, except to:
Store copies of such materials temporarily in RAM.
Store files that are automatically cached by your Web browser for display enhancement purposes.
Print a reasonable number of pages of our websites for a permitted use.
If no specific restrictions are displayed, you may make copies of portions of the content available through the Service, including material protected by copyright, trademark, or other proprietary rights, provided the copies are made for your personal use and you do not:
Modify copies of any materials.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials.
You must not reproduce, sell or exploit for any commercial purposes any part of the Service, access to the Service or use of any features or materials available through the Service. If you print, copy, modify, download or otherwise use any part of the Service in breach of the Terms of Service, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or any content provided through the Service is transferred to you, and all rights not expressly granted are reserved by ShopRaise. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
ShopRaise, ShopRaise.com The Fundraising Portal LLC The Fundraising Portal, thefundraisingportal.com, and other names, logos, product and service names, designs and slogans are registered trademarks or trademarks of ShopRaise or its affiliates or licensors. Your use of the Service does not grant you a right or license to use such marks without the prior written permission of ShopRaise. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:
In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set forth in the Content Standards section of these Terms of Service.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter" or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate ShopRaise or our employees, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm ShopRaise or users of the Service or expose them to liability.
Additionally, you agree not to:
Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service.
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service.
Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including to monitor or copy any of the material on the Service.
Utilize framing techniques to enclose any trademark, logo, or other materials belonging to ShopRaise without our written consent.
Use any caching, unauthorized linking to the Service or the framing of any content available on the Service.
Use any device, software or routine that interferes with the proper working of the Service.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which our websites are stored, or any server, computer or database connected to the Service.
Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Service.
Content You Contribute
The Service may contain Participants' web pages or profiles, message boards, forums, e-mail and text messaging functionalities, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow Participants to post, submit, publish, display or transmit to others (hereinafter, "post") content or materials (collectively, "Participant Contributions") on or through the Service. All Participant Contributions must comply with the Content Standards set forth in Section 17 of these Terms of Service.
Any Participant Contribution you post to the Service will be considered non-confidential, and you grant to ShopRaise a non-exclusive, transferable, royalty-free, fully paid-up worldwide license to use copy, display, transmit, publish and distribute to third parties any such material for the purpose of providing the services described in these Terms of Service. You represent and warrant that you own or control all rights in and to the Participant Contributions and have the right to grant ShopRaise and its affiliates the license granted above.
You represent and warrant that all of your Participant Contributions do and will comply with these Terms of Service, and you agree to defend, indemnify and hold harmless ShopRaise and its affiliates and licensors for any breach of that representation and warranty. You understand and acknowledge that you are responsible for any Participant Contributions you submit, and you, not ShopRaise, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
ShopRaise is a distributor and not a publisher of content supplied by third parties and users of the Service. Accordingly, ShopRaise has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other content uploaded, expressed or made available by users or third parties are those of the respective authors, owners, or distributors and not of ShopRaise. In no event will Provider be liable for any loss or damage caused by a user's reliance on content obtained through the Service. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, advice, opinion, or any other content available through the Service.
When you use the Service or send e-mails to ShopRaise, you are communicating with ShopRaise electronically. You consent to receive electronically any communications related to your use of the Service. ShopRaise will communicate with you by e-mail or by posting notices on the Service. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
Monitoring and Enforcement
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe that such User Contribution violates these Terms of Service, including the Content Standards set forth in Section 17, infringes any intellectual property right or other right, threatens the personal safety of users of the Service and the public or could create liability for ShopRaise.
Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS SHOPRAISE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SHOPRAISE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SHOPRAISE OR LAW ENFORCEMENT AUTHORITIES.
We cannot review all material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
ShopRaise reserves the right to terminate your or any user's access to all or part of the Service for any or no reason without notice, including without limitation, any violation of these Terms of Service. You agree that ShopRaise shall not be liable to you or any third party for any such termination. We also reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any suspected fraudulent, illegal or unauthorized use of the Service. If you are a Participant, any such conduct will result in the forfeiture of any funds you project has received, and such funds will be credited back to the donating Supporters by our payment processor. These remedies are in addition to any other remedies ShopRaise may have at law or in equity.
Alternatively, you may terminate your Participant or Supporter account and this Terms of Service agreement at any time by e-mailing us a cancellation request at INFO@shopraise.com and stopping all use of the Service. Please be aware that it may take up to ten (10) business days for ShopRaise to process your request. If you are a Participant, any funds your project has received as of the date of your cancellation request will be disbursed as specified in these Terms of Service. The cancellation of your account is your only remedy with respect to any dispute that you may have with us.
These standards (the "Content Standards") apply to any and all User Contributions and Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, confidential, proprietary or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
Give the impression that they emanate from us or any other person or entity, if this is not the case.
Contain personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. If you believe any materials accessible on or from the Service infringe your copyright, you may request removal of those materials (or access thereto) from the Service by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act ("DMCA"), your written notice must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA notices is:
If you fail to comply with all of the requirements set forth above, your DMCA notice may not be effective.
Reliance on Information Posted
The information provided through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Service, or by anyone who may be informed of any of its contents.
Linking to the Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage. The website from which you are linking must comply in all respects with the Content Standards set forth in Section 17 these Terms of Service. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. Please note the foregoing restrictions do not apply to individual Portals, over which ShopRaise has no control.
Links from the Website
The Service may contain links to other websites and resources provided by third parties and may link you automatically to third-party websites or services. These links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Fundraising Portal d/b/a ShopRaise is a limited liability company located in the State of Colorado, USA. We provide the Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the Service 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 our Service for any reconstruction of any lost data. WE 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 SERVICE OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICE, ITS CONTENT AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SHOPRAISE NOR ANY PERSON ASSOCIATED WITH SHOPRAISE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
SHOPRAISE 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.
Limitation on Liability
IN NO EVENT WILL SHOPRAISE, 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 SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICE 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 SHOPRAISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF SHOPRAISE TO ANY USER FOR ANY LOSS, CLAIM, DAMAGE, OR LIABILITY OF ANY KIND WHATSOEVER, INCLUDING DUE TO SHOPRAISE'S NEGLIGENCE OR MISCONDUCT, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY USER FOR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICE DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM.
You agree to defend, indemnify and hold harmless ShopRaise, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms of Service or your use of the Service, including, without limitation, any use of the Service's content, features and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Service.
These Terms of Service and any dispute or claim arising out of, or related to, them, their suct matter or their 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.
With the exception of any equitable or injunctive relief, any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be submitted to and resolved by legally binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"). Within seven (7) days of the service of the notice of arbitration, the Parties shall mutually agree upon a single AAA arbitrator. If at the conclusion of those seven (7) days, the Parties have not agreed upon a single AAA arbitrator, the Parties shall petition AAA to provide a list of five (5) qualified arbitrators with experience presiding over claims substantially similar to those pled in the notice of arbitration. Within five (5) days of receiving the list of qualified arbitrators, each Party shall submit to AAA a numerical ranking of their preference as between these five (5) arbitrators. The highest mutually ranked arbitrator shall preside over the Parties' dispute. The arbitration shall take place in Denver, Colorado. A hearing shall be held within ninety (90) days of the filing of the notice of arbitration. Such hearing shall last no more than three (3) days. The prevailing party, as determined by the arbitrator, may be awarded all reasonable costs and fees of the arbitration including, without limitation, the arbitrator's fees and reasonable attorneys' fees, at the sole discretion of the arbitrator. Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of the Parties.
Waiver and Severability
No waiver of these Terms of Service by the Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of ShopRaise to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Your Comments and Concerns
The Service is operated by ShopRaise LLC. If you have any questions or comments about these Terms of Service or the Service, please use the contact us form in the footer of the page.