ACCEPTANCE OF TERMS
RaiseItNow.com is an online service that lets groups of people pool money to make purchases or raise money for a cause. To become a Member of RaiseItNow.com, you must read and accept all of the terms and conditions of this agreement. If you do not agree to be bound by the terms after you read this agreement, you may not use RaiseItNow.com’s service. You agree that we may modify the terms of this Agreement or the Privacy Policy, in our sole discretion, by posting amended terms to this Web site. Your continued use of the service indicates your acceptance of the amended Terms of Service Agreement.
THE BENEFIT
The Benefit is provided by Premier Network International, LLC (further referred to as PNI), and you understand and agree to the following: (a) if you choose to register, you must submit a valid e-mail address and select a password and user name during the registration process; (b) You are responsible for maintaining the confidentiality of your member name and password, and all uses of your account -- whether or not you've authorized such use; (d) You are responsible for maintaining the confidentiality of other member's contact information; (d) You agree to notify PNI immediately of any unauthorized use of your account and (e) You are at least 18 years of age. PNI will not be held liable for any loss or damage for non-compliance. In addition, you understand and agree that the content of all users, including your content, will be collected, aggregated and anonymously integrated into the RaiseItNow.com service and that PNI will use aggregated data collected from you and other users for statistical and analytical reporting purposes. You understand, and agree that, unless expressly stated, PNI in no way controls, verifies, or endorses any of the information contained on or in the RaiseItNow.com service outside official documentation. This includes links, group actions, and messages.
REGISTRATION
Registration is required to create or participate in RaiseItNow.com group actions. As part of the registration process for the Benefit, you agree to: (a) provide certain limited information about you as prompted to do so by the Benefit (such information to be current, complete and accurate); and (b) maintain and update this information as required to keep it current, complete and accurate. The information requested upon original sign up shall be referred to as registration data ("Registration Data"). RaiseItNow.com reserves the right to delete accounts created by users who appropriate the name, likeness, email address, or other personally identifiable information of another individual. PNI reserves the right to refuse the Benefit to any user.
USER CONDUCT
You must at all times use this Benefit in a responsible and legal manner. In particular (but not exclusively) you must not do any of the following: misrepresent your identity or your affiliation with any other person or organization; send junk email or spam to people who do not wish to receive mail from you; delete or falsify any attributions, trademarks or designations of source from any website content; conduct, display, promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters; or interfere with or disrupt the service or services or networks connected to the service; collect or store personal data about other users including email addresses. You agree that you will comply with all applicable local, state and federal laws, statutes and regulations regarding use of this website and RaiseItNow.com tools and services.
TRANSACTIONS BETWEEN GROUPS AND ORGANIZATIONS OR INDIVIDUALS
RaiseItNow.com acts as an intermediary between groups (ad hoc or otherwise) and the trustee (or Fund Director) who collects their money. After a group action reaches a predetermined collection goal and/or the action expires, RaiseItNow.com transfers deposits from members of the group action to the Fund Director (less a service fee of 8% of online donations collected via the RaiseItNow.com service, or less a 10% service fee if PayPal is the chosen payment option). These fees above are inclusive of all credit card processing and banking fees; these fees are subject to change at any time at the discretion of RaiseItNow.com. *For the 'PREMIER ANNUAL FUNDRAISER' product ONLY, there will be a non-refundable $139 annual fee (per year) assessed to all online event registrations in this program. RaiseItNow.com will send a thank you email and transaction receipt to Donors. RaiseItNow.com also automatically generates and sends a series of emails to fundraisers and donors to assist them in more effectively using the RaiseItNow.com Service.. You understand that RaiseItNow.com does not oversee the performance or punctuality of the Fund Director after said funds have been transferred. RaiseItNow.com also makes no guarantees regarding the performance or fairness of its payment service, PayPal Inc. shall not be liable for your interactions with any organizations and/or individuals found on or through the RaiseItNow.com service after funds have been transferred. This includes, but is not limited to, delivery of goods and services through group actions, and any other terms, conditions, warranties or representations associated with such dealings. After RaiseItNow.com transfers funds to the Fund Director, all subsequent dealings are solely between you and such organizations and/or individuals. You agree that PNI is not responsible for any damage or loss incurred as a result of any such dealings. PNI is under no obligation to become involved in disputes between group action participants and Fund Directors, or between site members and any third party. In the event of a dispute, you release PNI, its officers, employees, agents and successors in rights from claims, 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 disputes and our service. Though RaiseItNow.com cannot be held liable for the actions of a Fund Director, Fund Directors are nevertheless wholly responsible for fulfilling obligations both implied and stated in any group action they create. RaiseItNow.com reserves the right to cancel a group action and refund all associated members' payments at any time for any reason. RaiseItNow.com reserves the right to remove a group action from public listings for any reason.
DONOR PAYMENTS
Donors will pay the online Donations by credit card to RaiseItNow.com as your Agent. The fees deducted by from the online Donations pursuant to the above section (Transactions Between Groups and Organizations or Individuals) will be paid to RaiseItNow.com at the time of the transaction. These payment schedules are subject to change at any time at the sole discretion of RaiseItNow.com. Nonprofit users will be responsible for taxes based on its net income or gross receipts.
Any payments of donations are final and non-refundable. The donations will be held in a non-operating bank account until such time as RaiseItNow.com forwards the donations to the nonprofit or payee of funds. RaiseItNow.com forwards donations to the nonprofit and/or individual at intervals as determined by RaiseItNow.com and the nonprofit and/or individual. It is as frequently as weekly but no less frequently than quarterly. Your donations to the nonprofit and/or individual designated by you will be net of fees as designated in our Fee Structure outlined in the above section titled TRANSACTIONS BETWEEN GROUPS AND ORGANIZATIONS OR INDIVIDUALS. This fee structure is subject to change from time to time at the sole discretion of RaiseItNow.com. Users agree not to use an invalid or unauthorized credit card in making transactions on the RaiseItNow.com site. Once a donation is made, the transaction is final and not subject to dispute unless unauthorized use of the Users payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
PRIVACY
PNI may collect information about overall site activity to improve its service. PNI will not sell your personal information to any third party at any time. RaiseItNow.com may use contact information to investigate misuse of its service.
PARTNER SERVICES
Our website may provide links to third-party websites or services and may link you automatically to sponsors’ or third party’s websites or services. We provide such links solely for the convenience of our users. We do not review or endorse, and are not responsible for, any content, advertising, products, services or other materials on or available from such websites or services. You assume full responsibility for your use of third-party websites or services.
COPYRIGHTS AND TRADEMARKS
PNI and the PNI logo and other names, logos, icons and marks identifying PNI products and services are trademarks of PNI and may not be used without the prior written permission of PNI. All rights not expressly granted in this Agreement are reserved to PNI. You understand and agree that any uploading or posting will be at your sole risk and PNI shall not be responsible to you in any way. Further, PNI does not provide any warranty as to your use of any third party content or software that you obtain from the PNI site. You may not post, distribute, reproduce or sell in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use.
GROUP ACTIONS AND OTHER CONTENT
You are fully responsible for any content you post on the RaiseItNow.com service, including, but not limited to, photos, personal profile(s), and forum messages. You understand and agree that PNI may delete or interrupt any group action at any time for any reason. Grounds for deletion of a group action include, but are not limited to, frivolous content or unrealistic targets. You understand and agree that PNI may review from time to time and delete any content that violates this Agreement or which might be offensive, illegal, or harm the safety of or violate the rights of other users and members. Content that is illegal or prohibited, includes, but is not limited to, material, text, graphics, video or audio that:
- Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable
Displays sexually explicit material of any kind.
- Is intended or designed to disrupt an ongoing conversation via flaming (a message in which the writer publicly attacks another participant in overly harsh, or personal terms) or trolling (deliberately posting derogatory or inflammatory comments in order to bait other users into responding).
- Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation
- Transmits or posts any unsolicited or unauthorized advertising, "spam," junk mail, "chain letters," "pyramid schemes," etc.
- Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
- Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the RaiseItNow.com service
- Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without PNI’s written prior consent
- Contains personally identifiable information about another member that is published without their express consent
- Contains material originally posted by another member that is reposted without permission or attribution
- Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
- Has misleading email addresses or other manipulated identifiers to disguise its origin
TERMINATION
By Member: You may terminate the Member Agreement at any time. Termination of the Member Agreement also terminates these Terms of Service. To terminate the Member Agreement, you must notify RaiseItNow.com by sending an e-mail to contact@raiseitnow.com. After receipt of your termination notice, RaiseItNow.com will terminate your account. By RaiseItNow.com: RaiseItNow.com may terminate the Member Agreement at any time in the event of a breach of this Agreement by Member or anyone accessing the Benefit using Member's username. RaiseItNow.com, at its sole discretion, may also terminate this Agreement at any time without cause, and may suspend access to the Benefit with or without notice, to any User.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE RAISEITNOW.COM SITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE PNI SITE ARE PROVIDED ON AN "AS IS" BASIS. PNI, IT’S LICENSORS, AND SUPPLIERS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER PNI, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE PNI SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PNI, ITS LICENSORS AND SUPPLIERS, MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PNI, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, SERVICE, AND/OR ANY GRAPHICS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF PNI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, PNI SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNITY
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD PNI HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST PNI ARISING OUT OF YOUR USE OF THE SERVICE OR SOFTWARE.
GENERAL TERMS
These Terms & Conditions are governed in all respects by the laws of the State of Arizona, U.S.A, without reference to its conflicts of laws, principles and any dispute arising hereunder shall be submitted to state and federal courts in Phoenix, AZ and you consent to the exclusive jurisdiction of such courts. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. PNI’s failure to act with respect to a breach by you does not waive PNI’s right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. PNI shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond PNI's reasonable control. Any notice required or given to you under this Agreement shall be delivered by electronic mail at the e-mail address provided by you during registration. These Terms & Conditions constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. You understand and agree that you are solely responsible for reviewing the terms of this Agreement from time to time. Any continued use of the Software or Benefit by you after such amended terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended terms.
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