Effective Date: September 18, 2023
Adrenaline Fundraising Mobile Application, Powered by Raise 365 Developments, LLC
BY ACCESSING, USING THE SOFTWARE AND/OR SIGNIFYING YOUR ACCEPTANCE TO THESE TERMS OF SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT AS AND/OR ON BEHALF OF THE PERSON/ENTITYLISTED IN THE ACCOUNT CREATION, SIGN UP OR SIMILAR FORM (“REGISTRATION FORM”), THE ACCOUNT OWNER AND THE PRACTICE. YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THE ACCOUNT OWNER AND THE PRACTICE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND DO NOT HAVE THE AUTHORITY AS PROVIDED HEREIN, YOU MAY NOT AND SHALL NOT ACCESS, OR USE THE SERVICE (AS DEFINED IN THESE TERMS OF SERVICE).
These Terms of Service (“Agreement” or “Terms of Service”) are a binding contract between the Account Owner(s) (as defined below) (referred to herein as “Account Owner”, “You” “you”, “your” or “Your”) the assigned Adrenaline Fundraising Rep (“Adrenaline Fundraising Rep”), and Raise 365 Development, a Texas limited liability company (referred to herein as “Raise 365” or “Us” or “We”). The Terms of Service shall govern Your use of the Service, and Your rights and obligations with respect to User Data that placed in the Service, and associated Intellectual Property Rights thereto, as well as your creation of an account through which You and Your Adrenaline Fundraising Rep will access the Service (hereinafter an “Account”) for use in connection with the Service. By accessing, using, subscribing, purchasing, or downloading the Service, or any goods, materials, or content from the Website, You agree to, and ensure that all who access the Service through Your account, follow and be bound by the following terms and conditions and any other terms and conditions embodied in any other agreements you enter into with Us. If you do not agree with the Terms of Service, neither You nor the Adrenaline Fundraising Rep may use the Website or Mobile Application for the Service in connection with your Account.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.
These Terms of Service apply to Your use of the Service and ALL transactions made on or through the Website and Mobile Application in your use of the Service. The Account Owner manifests agreement to these Terms of Service by any act demonstrating your assent thereto, including clicking any such button or otherwise indicating Your assent, You agree to these Terms of Service. You should print a copy of these Terms of Service for your business and personal records.
These Terms of Service may be modified by Raise 365 effective immediately by notifying you as provided in the Agreement below. By continuing to access or use the Service after the effective date of any such change, you agree to be bound by the modified Terms of Service.
• “Account Owner” means the individual who establishes the Account, the Practice, the owner of the Practice, and any other entity and/or person in whose name the Account is established, all of whom are agreed to be jointly and severally obligated under these Terms of Service. The Account Owner is responsible for the obligations and activities under the Account as well as the obligations and activities of all Users within the Account (including without limitation payment for the Account and deletion of the Account). The use of the phrase “Account Owner” in the singular shall also mean use in the plural.
• “Dispute” will have the broadest meaning possible and means any dispute, action, or other controversy between you and Your Adrenaline Fundraising Rep relating to the Service, any transaction or relationship between you and Adrenaline Fundraising Rep resulting from your use of the Service, communications between you and Your Adrenaline Fundraising Rep, or this Agreement – whether in contract, warranty, tort, laws, or regulations.
• “Intellectual Property Rights” means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights recognized by law;
• “Payment Data” means any personal or financial information collected from a credit card, debit card or other payment method, including but not limited to a cardholder’s account number, card expiration date, and CVV2.
• “Servers” are computers or devices that host the Service.
• “Service” means Raise 365’s technology and software platforms available on the Mobile Application and any affiliated sub-domains and mobile applications and sites, Software, and Servers.
• “Raise 365 Software” or “Software” is the software provided to you by Raise 365 and/or its suppliers under license or with respect to which you have access, in connection with the Service.
• “BuyNow Payment Processing Services” are services that enable the acceptance of payments, management of subscriptions, and performance transaction reporting, as well as analytics and other business services.
• “Transaction Data” means customer information, User Data, Payment Data, transaction information, bank information and credit card information including without limitation tokenized account information, tokens and token access codes, account information or other data or information of any kind that is provided by or generated or collected on your behalf, or your patients or client by the Service.
• “User Data” means any data or images that you or your clients or patients upload, stream or submit to the Servers, Mobile Application, or other areas of the Service, or generated or collected on your behalf from the Servers, Mobile Application, the Service or third parties.
• “User(s)” means the Account Owner(s), Adrenaline Fundraising Rep’s clients, customers or patients.
• “Mobile Application” means the mobile application and services provided to You by Raise 365 or successor mobile applications and sites from which Raise 365 may offer the Service.
• “Your Listing Information” means all content, including without limitation, name, address, data, information, specialties and credentials, and images, all as provided by You to Raise 365.
By accepting these Terms of Service in connection with an Account, the person acknowledging agreement or assenting to these Terms of Service represents that they are at least 18 years of age, or the legal age of majority where in the place of residence if that jurisdiction has an older age of majority, and has the legal authority to contractually agree to these Terms of Service on behalf of the Account Owner. You further agree that as a condition to accessing the Service, you will submit to Account and Account Owner verification as required by Raise 365, and provide only true and accurate identification documentation to Raise 365 or its third party service providers as requested by Raise 365. You are responsible for the security of any account verification information, such as user names and passwords, including without limitation your Users’ user names and password.
You must establish an Account with Raise 365 to use the Service. You agree to provide accurate, current, and complete information about You and the individual who establishes the Account
(“Registration Data”) as prompted by the Registration Form, and to use the Account management tools provided to keep your Registration Data accurate, current and complete. Raise 365 will designate You as the Account Owner and assign an account name (your “Account Name”). You must each choose a user name to identify yourselves under the Account Name.
You, as the Account Owner, are responsible for all activities conducted through your Account, and you are responsible for all activities conducted through your user name and are responsible for Users to whom you grant access to your Account. In the event that fraud, violation of law, regulation or rule, or conduct that violates these Terms of Service occurs (whether by you or someone else) that is in any way connected with your Account, we may suspend or terminate your use of the Service and your Account with your Adrenaline Fundraising Rep as described below in the Agreement.
At the time Your Account is created, You must select a password. You are responsible for maintaining the confidentiality of Your password and are responsible for any damages, claims, losses or other harm resulting from Your disclosure of Your password, authorization of the disclosure of Your password, or any person’s use of Your password or Your Account and those who gain access to your Account or Account Name. Your disclosure of Your password to any other person is at your own risk.
Raise 365 provides the Service for the fees and other charges set forth on the Mobile Application. All prices listed exclude all sales taxes, fees, use taxes, charges, duties, levies and similar governmental charges (“Sales Taxes”) imposed on the provision of the Service and all such Sales Taxes shall be borne solely by and paid by the Account Owner to Raise 365 and deemed to be in addition to the fees charged in connection with the Service. Additionally, you are responsible for paying a 5.00% credit card payment fee plus the $1.75 per unit transaction fee (for the first two units purchased only) connected to the BuyNow Payment Processing Services. Where applicable, the Account Owner shall be responsible for all Sales Taxes and Raise 365 reserves the right to collect Sales Taxes retroactively. We may, at any time, add new services for additional fees and charges, or prospectively modify fees and charges for existing services (including prospectively charging fees for the Service not previously charged for) on notice as provided herein. You acknowledge that it is Your responsibility to ensure payment in advance for all paid aspects of the Service, and to ensure that your credit or debit cards or other payment instruments accepted by Raise 365 and/or its processor, including BuyNow, continue to be valid and sufficient for such purposes. We may suspend or terminate Your use and Your Account’s use, as provided in Section 21, in the event of any payment delinquency. Other services are available from Raise 365 and the agreement with respect to those services and fees due to Raise 365 incorporate by reference these Terms of Service as well as any specific terms and conditions presented to you. You will not be entitled to any refund on termination or expiration of the Agreement. All payments once made to Raise 365 shall have been earned by Raise 365 as of the date of payment. You will not be entitled to any refund for the partial use of the Service or credits at any
Raise 365 reserves the right to add, modify, discontinue or eliminate aspect(s), features or functionality of the Service from time to time for any reason including without limitation for purposes of compliance with applicable laws and regulations, to effect improvements in security and functionality, to correct errors, or for any other purposes, at its sole discretion.
Our Privacy Policy describes how we use and share Personal Information (as such term is defined in the Privacy Policy), including any Payment Data or Registration Data You provide, or other Personal Information we receive when You submit an inquiry or request further information, or receive updates and promotions about or related to the Service. Our Privacy Policy does not apply to any Personal Information contained within User Data that we collect and process only on your behalf when we provide the Service. In providing you our Service, Raise 365 will not sell any Personal Information contained in User Data. Raise 365 will not retain, use or disclose the Personal Information You provide to us about Your clients except for the specific purpose of performing our obligations under these Terms of Service, including providing and improving the Service under these Terms of Service, nor will Raise 365 retain, use or disclose Personal Information about your clients outside of our direct business or contractual relationship with You or the legal entity under which You practice or are employed.
Raise 365 Developments, LLC ("Raise 365") is committed to protecting the privacy of children who use our mobile application and software technology ("Technology") to run successful fundraising campaigns at their school. This Children's Online Privacy Policy explains our information collection, disclosure, and parental consent practices with respect to information provided by children under the age of 13 ("child" or "children"), and uses terms that are defined in our general Privacy Policy. This policy is in accordance with the U.S. Children's Online Privacy Protection Act ("COPPA"), and outlines our practices in the United States regarding children's personal information. For more information about COPPA and general tips about protecting children's online privacy, please visit COPPA Privacy Protection Rule.
Our technology offers students a platform that helps them raise money for school-related activities. As a result of this feature, we may collect information from children. Below we summarize potential instances of collection and outline how and when we will provide parental notice and/or seek parental consent. In any instance that we collect personal information from a child, we will retain that information only so long as reasonably necessary to fulfill the activity request or allow the child to continue to participate in the activity and ensure the security of our users and our services, or as required by law. In the event we discover we have collected information from a child in a manner inconsistent with COPPA's requirements, we will either delete the information or immediately seek the parent's consent for that collection.
During the registration process, we may ask the child to provide certain information for notification and security purposes, including a parent or guardian's email address, the child's first name and gender, the child's member or account username, and password. We also may ask for birth dates from children to validate their ages. We strongly advise children never to provide any personal information in their usernames. Please note that children can choose whether to share their information with us, but certain features cannot function without it. As a result, children may not be able to access certain features if required information has not been provided. We will not require a child to provide more information than is reasonably necessary in order to participate in an online activity. We may collect non-personal technical information, such as device identifiers or cookies, for operational purposes and to improve the user experience.
We do not share children's personal information with third parties, except for service providers who assist us in operating our Technology or services, and they are bound to maintain the confidentiality of such information.
Before collecting personal information from children, or in any instance where we ask for age and determine the user is age 12 or under, we will obtain verifiable parental consent in compliance with COPPA. Consent methods include online consent forms, verification of government-issued identification from a parent or guardian, or contacting the parents via phone or e-mail If you believe your child is participating in an activity that collects personal information and you or another parent/guardian have NOT received an email providing notice or seeking your consent, please feel free to contact us at legal@raise-365.com. Parents have the right to review the personal information we have collected about their children; request its deletion, and/or revoke consent at any time.
We will not use parent emails provided for parental consent purposes to market to the parent, unless the parent has expressly opted into email marketing or has separately participated in an activity that allows for such email contact.
We implemented commercially reasonable security measures and follow industry guidelines to protect the confidentiality and integrity of children's personal information including encryption, access controls, and regular security assessments.
We may update this COPPA Privacy Policy to reflect changes in our practices or legal requirements. We will notify parents of any material changes and seek new consent if necessary.
If you have any questions or concerns about our COPPA practices or this Privacy Policy, please contact us at legal@raise-365.com.
Raise 365 is committed to protecting the privacy of children who use our mobile application and software technology (“Technology”) to run successful fundraising campaigns at their school. This Children’s Online Privacy Policy explains our information collection, disclosure, and parental consent practices with respect to information provided by children under the age of 13 (“child” or “children”) and uses terms that are defined in our general Privacy Policy. This policy is in accordance with the U.S. Children’s Online Privacy Protection Act (“COPPA”) and outlines our practices in the United States regarding children’s personal information. For more information about COPPA and general tips about protecting children’s online privacy, please visit COPPA Privacy Protection Rule.
Our technology offers students a platform that helps them raise money for schoolrelated activities. As a result of this feature, we may collect information from children. Below we summarize potential instances of collection and outline how and when we will provide parental notice and/or seek parental consent. In any instance that we collect personal information from a child, we will retain that information only so long as reasonably necessary to fulfill the activity request or allow the child to continue to participate in the activity and ensure the security of our users and our services, or as required by law. In the event we discover we have collected information from a child in a manner inconsistent with COPPA’s requirements, we will either delete the information or immediately seek the parent’s consent for that collection.
During the registration process, we may ask the child to provide certain information for notification and security purposes, including a parent or guardian’s email address, the child’s first name and gender, the child’s member or account username, and password. We also may ask for birth dates from children to validate their ages. We strongly advise children never to provide any personal information in their usernames. Please note that children can choose whether to share their information with us, but certain features cannot function without it. As a result, children may not be able to access certain features if required information has not been provided. We will not require a child to provide more information than is reasonably necessary in order to participate in an online activity. We may collect non-personal technical information, such as device identifiers or cookies, for operational purposes and to improve the user experience.
We do not share children’s personal information with third parties, except for service providers who assist us in operating our Technology or services, and they are bound to maintain the confidentiality of such information.
The children’s personal information collected shall be for the use and benefit of the school and will not be used for any other commercial purpose. Before collecting personal information from children, the school or organization participating in the fundraiser must provide consent in compliance with COPPA.
To obtain verifiable consent, we follow these steps:
If you believe your child is participating in an activity that collects personal information and you or another parent/guardian have NOT received any communication providing notice or seeking your consent, please feel free to contact us at legal@raise-365.com. Parents have the right to review the personal information we have collected about their children; request its deletion, and/or revoke consent at any time.
We implemented commercially reasonable security measures and follow industry guidelines to protect the confidentiality and integrity of children’s personal information including encryption, access controls, and regular security assessments.
We may update this COPPA Privacy Policy to reflect changes in our practices or legal requirements. We will notify parents of any material changes and seek new consent if necessary.
If you have any questions or concerns about our COPPA practices or this Privacy Policy, please contact us at legal@raise-365.com .
The Service may contain links to, or otherwise allow connections to third-party websites, servers, and online services or environments that are not owned or controlled by Raise 365. You agree that Raise 365 is not responsible or liable for the content, policies, or practices of any third-party websites, servers, or online services or environments. Please consult any applicable terms of use and privacy policies provided by the third party for such websites, servers, or online services or environments.
In connection with User Data you upload or submit to or which is created by the Service, you affirm, represent, and warrant that you own or have all necessary Intellectual Property Rights, licenses, consents, and permissions to use and authorize Raise 365 to use, retain, copy, and process the User Data in the Service and as contemplated by this Agreement. You agree that by uploading or submitting any Content to or through the Service, You hereby automatically at such time grant Raise 365 (and its affiliates) a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, perform and display User Data and Transaction Data (including User Data and Transaction Data that is created, collected or generated by the Service or Raise 365 using the User Data and Transaction Data you submit) solely for the purposes of providing the Service. You agree that the license includes the right to copy, analyze and use any of Your User Data and Transaction Data as Raise 365 may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the Service and future improvements to the Service.
The license granted in this Section is referred to as the “Service Data License.” You also acknowledge that the Service Data License granted to Raise 365 with respect to Your content will survive the termination of your Account to permit Raise 365: (i) to retain server copies of particular instances of Your User Data, including copies stored in connection with back-up, debugging, and testing procedures; and (ii) to enable the exercise of the licenses granted in this Section for any other copies or instances of the same User Data that You have not specifically deleted from the Service. Notwithstanding anything to the contrary herein, or in any payment processing agreement between You and the payment processor (including BuyNow), You also hereby provide Raise 365 (and its affiliates) an irrevocable perpetual royalty free, assignable license, authority, and permission to obtain, copy, and use, at Raise 365’s request, without notice to You, from payment processors, banks, card and ACH processors and gateway provider, which support the Service, all of Your Transaction Data and User Data for purposes of providing You the Service.
You acknowledge that You are responsible for all information and User Data you and those who are under the Account (including without limitation clients, patients and Team Members) input into the Service.
In order to use payment processing services and the billing services (“BuyNow Payment Processing Services”), You must agree to the BuyNow Connected Account Agreement and any other applicable BuyNow agreement (incorporated herein by reference) that is available to You when You enroll in the Service and afterward through the Service. No transactions will occur in your Raise 365 account until you click to agree to the BuyNow Services Agreement or the BuyNow Connected Account Agreement (as applicable). In addition to other terms and conditions herein as it relates to Your clients’ payments to You, You hereby agree that:
• Raise 365 may conduct certain activities related to the BuyNow Payment Processing Services such as communication of information about transactions and refunds, BuyNow account balance adjustments, the handling of disputes (including chargebacks), as well as other features as described in the BuyNow documentation.
• Certain use, recurring, or application fees may be charged to You for Your use of the BuyNow Payment Processing Services.
• You will comply with all terms and conditions of your BuyNow Connected Account Agreement and not violate such agreement including processing payments from the Prohibited Business List provided in the BuyNow Connected Account Agreement.
• BuyNow may suspend or terminate the provision of BuyNow Payment Processing Services in accordance with the terms of the BuyNow Connected Account Agreement.
• Raise 365 may use and may share with BuyNow, and BuyNow may use and share with Raise 365, all Transaction Data, Payment Data, data about your Account, your activity on their BuyNow accounts, and transactions. In addition, you hereby grant permission to Raise 365 to work with and interact with BuyNow, in order to copy your Transaction Data, Payment Data, and User Data from your Account to the Service and Your related Account, for the benefit of facilitating or improving use or interoperability of the BuyNow credit card processing services with the Service. As a condition of Raise 365 enabling payment processing services through BuyNow Payment Processing Services, You must provide Raise 365 accurate and complete information about You and Your practice and business.
• Raise 365 reserves the right to refund transactions that have been classified as fraudulent after investigation.
Raise 365 may on occasion need to interrupt or suspend the Service, with or without prior notice, to protect the integrity or functionality of the Service or for maintenance purposes. You agree that Raise 365 is not liable for any interruption or suspension of the Service (whether intentional or not), and You understand that neither You will be entitled to any refunds of fees or other compensation from Raise 365 for interruption or suspension of service. Likewise, You agree that in the event of loss of any User Data, we will not be liable for any purported damage or harm arising therefrom.
Intellectual Property Rights. Raise 365 owns Intellectual Property Rights in and to the Service, except User Data, including the Raise 365 Software, the Mobile Application, and the Servers, and in and to our trademarks, service marks, trade names, logos, domain names, taglines, and trade dress
(collectively, the “Raise 365 Marks”). You understand that such Intellectual Property Rights are apart from any rights You may have in User Data you upload or submit to the Service, as discussed above. You acknowledge and agree that Raise 365 and its licensors own all right, title, and interest in and to the Service, including all Intellectual Property Rights therein, other than with respect to User Data. Except as expressly granted in this Agreement, all rights, title, and interest in and to the Service, except all User Data, and in and to the Raise 365 Marks are reserved by Raise 365. Copyright, trademark and other laws of the United States and foreign countries protect the Service and the Raise 365 Marks.
Limited License. Raise 365 hereby grants You a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to access and use the Service specifically as set forth in these Terms of Service and expressly conditioned upon You and Your Account remaining active, in good standing, and in full compliance with these Terms of Service. You agree that you will not (i) allow any person or entity not authorized by Raise 365 to use or access the Software, (ii) attempt to copy any ideas, features, functions or graphics contained in the Service; (iii) use the Raise 365 Software in the operation of a service bureau, an application service provider or for any other purpose intended to benefit a party other than You, (iv) alter or modify the Raise 365 Software, (v) sell, assign, sublicense, rent, lease or otherwise transfer the Raise 365 Software or any rights in connection therewith, or (vi) attempt to translate, disassemble, decompile, reverse assemble, reverse engineer all or any part of the Service or otherwise attempt to derive the source code for the Software.
Feedback and other Input. You may provide suggestions, ideas and/or feedback (collectively, “Feedback”) to Raise 365 or in the use of the Service or Mobile Application regarding Raise 365 Mobile Application, products or Service. You agree that Raise 365 will be free to use, irrevocably, in perpetuity and for any purpose, all Feedback provided to it by You or our Team Members and that all right title and interest in Feedback is assigned to Raise 365. The foregoing grant of rights is made without any duty to account to You or to any of the foregoing persons or entities for the use of such Feedback.
Mobile Application License. Subject to Your compliance with these Terms of Service, Raise 365 grants You a limited non-exclusive, non-transferable license to use any of the Raise 365 mobile applications and to access the Mobile Application via a single mobile device or computer that You own or control and to run such copies of the Raise 365 mobile applications on such device solely for Your own personal use.
You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Raise 365 mobile application in any way; (ii) modify or make derivative works based upon the Mobile Application or Raise 365 mobile application; (iii) create Internet “links” to the Mobile Application or “frame” or “mirror” the Raise 365 mobile application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Raise 365 mobile application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Raise 365 mobile application, or (c) copy any ideas, features, functions or graphics of the Raise 365 mobile application; or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Raise 365 mobile application.
You agree that You will not:
• Post, display or transmit information or data, User Data, or Transaction Data, including the unauthorized use of any payment method, that violates any law, regulation or rule, or the rights of any third party including without limitation Intellectual Property Rights;
• Impersonate any person or entity without their consent, or otherwise misrepresent your affiliation;
• Post or transmit viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines that may harm the Service or interests or rights of other users, or that may harvest or collect any data or personally identifiable information about other users without their consent;
• Engage in malicious, disruptive or other conduct that impedes or interferes with other Users’ normal use of the Service;
• Attempt to gain unauthorized access to any other User’s Account, password or User Data, or allow more than one person to use an Account.
• You agree that You will not upload, publish, or submit to any part of the Service any User Data that is protected by Intellectual Property Rights or otherwise subject to proprietary rights, including trade secret or privacy rights, unless You, the appropriate Team Member or Users are the owner of such rights or have permission from the rightful owner to upload or submit the User Data and to grant Raise 365 all of the license rights granted in this Agreement. You agree that Raise 365 will have no liability for, and You agree to defend (at Raise 365’s option), indemnify, and hold Raise 365 harmless for, any claims, losses or damages arising out of or in connection with Your use of any User Data.
Any violation by You may result in immediate suspension or termination of your Account without any refund or other compensation at Raise 365’s option.
You agree not to hold Raise 365 liable for the Content, actions, or inactions of You or other Users of the Service or of other third parties. As a condition of access to the Service, you release Raise 365 (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute You have or claim to have with one or more other users of the Service, including Your Adrenaline Fundraising Rep, or with other third parties, including whether or not Raise 365 becomes involved in any resolution or attempted resolution of the dispute.
RAISE 365 PROVIDES THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE, THE MOBILE APPLICATION, PROFESSIONAL SERVICES AND FUNDRAISING SUPPORT, AND YOUR ACCOUNT, STRICTLY ON AN “AS IS” BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY CONTENT. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN YOUR USER DATA OR ANY EXPENDITURE ON YOUR PART, RAISE 365 AND YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE TO ANY DATA RELATING TO YOUR ACCOUNT RESIDING ON RAISE 365’ SERVERS. YOU ASSUME ALL RISK OF LOSS FROM USING THE SERVICE ON THIS BASIS.
Raise 365 does not ensure continuous, error-free, secure or virus-free operation of the Service, the Software, or your Account, and You understand that You shall not be entitled to refunds or other compensation based on Raise 365’s failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to You.
IN NO EVENT SHALL RAISE 365 OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, EQUITY OWNERS, MANAGERS, SUBSIDIARIES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE RAISE 365 SOFTWARE, THE MOBILE APPLICATION, THE SERVERS, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT RAISE 365 MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL RAISE 365’S CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED FIFTY DOLLARS (U.S. $150.00).
Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation may not apply to You.
At Raise 365’s request, you agree to defend, indemnify and/or hold harmless Raise 365, its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from: (i) any breach or alleged breach by You or Users of these Terms of Service, including without limitation your representations and warranties relating to your data, User Data; (ii) claims, losses and causes of action asserted by any Users (including without limitation your clients) or (iii) your acts, omissions or use of the Service, including without limitation your negligent, willful or illegal conduct. In any matter in which you have agreed to indemnify Raise 365, without the express written consent of Raise 365, You may not settle any matter or admit liability if, upon doing so, you are admitting liability or fault on the part of Raise 365. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
You acknowledge that Your participation in the Service, including your creation or uploading of Content in the Service, does not make You a Raise 365 employee and that You do not expect to be, and will not be, compensated by Raise 365 for such activities, and You will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture, franchise relationship is intended or created by this Agreement. There are no third party beneficiaries, intended or implied, under this Agreement.
You may terminate this Agreement by closing your Account with Your Adrenaline Fundraising Rep at any time for any reason. Subject to Raise 365’s obligations pursuant to Section 8, in such event, Raise 365 shall have no further obligation or liability to You under this Agreement or otherwise. You may not suspend Your own Account. If you suspend Your Account, then the Account will be deemed terminated (see Sections 8 and 21 herein, regarding deletion of your User Data on termination). In addition, Raise 365 may suspend or terminate Your Account, without notice, for breach if You violate this Agreement, or any terms regarding payment of required fees and charges due under this Agreement. Raise 365 may, at its sole discretion, provide you a grace period prior to termination, in the event of a breach or Your failure to pay fees and charges, without waiving its rights hereunder to terminate immediately upon such events. We may suspend or terminate Your Account (or the access of any Adrenaline Fundraising Rep) if we determine in our discretion that such action is desirable for any reason, or advisable to comply with applicable legal requirements, or to protect the rights or interests of Raise 365 or any third party. Under no circumstances, will you will be entitled to compensation or a refund for any interruption, suspension or termination, and You acknowledge Raise 365 will have no liability to You in connection with any interruption, suspension or termination.
Upon termination of Your Account, all licenses granted by Raise 365 to use the Mobile Application, Software, and the Service will automatically terminate, and all User Data in Your Account will be retained no more than thirty (30) days after termination or expiration of Your Account or this Agreement, and deleted on expiration of such thirty (30) day time frame.
Upon termination by You or by Raise 365 of your Account, You will not receive any refund of any amounts previously paid.
The following terms will survive any termination of this Agreement: Sections 1, 2, 4, 6, 8, 11, 13, and 16 through 33. You will not be entitled to any refund on termination or expiration of the Agreement.
This Agreement is made under and will be construed in accordance with the law of the State of Texas without giving effect to that state's choice of law rules. The forum for any dispute or litigation arising out of this Agreement shall be in the Superior Court of Travis County or in the Federal District Court located in Austin, Texas.
In the event of a Dispute between You and Raise 365 (including any dispute over the validity, enforceability, or scope of this dispute resolution provision), other than with respect to claims for injunctive relief, the Dispute will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration shall be in Austin, Texas. In the event that there is any Dispute between You and Raise 365 that is determined not to be subject to arbitration pursuant to the preceding sentence, You agree to submit in that event to the exclusive jurisdiction and venue of the state and federal courts located in the City and County of Austin, Texas. You agree that this Agreement and the relationship between you and Raise 365 shall be governed by the Federal Arbitration Act and the laws of the State of Texas without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s Intellectual Property Rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by You, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
Raise 365 is a United States-based service. We make no warranty or representation that any aspect of the Service is for use outside of the United States or may be used for persons who are not then located outside the United States. Those who access the Service from other locations are responsible for compliance with applicable local laws. The Software is subject to applicable export laws and restrictions.
You may not assign this Agreement or Your Account without our prior written consent. You may not transfer or sublicense any licenses granted by Raise 365 in this Agreement without our prior written consent. We may assign this Agreement, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction, including the right to sublicense any rights and licenses under this Agreement without your consent.
The agreements, understandings and policies referenced in this Agreement sets forth the entire agreement and understanding between You and Raise 365 with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings. Raise 365 reserves the right to modify this Agreement and Terms of Service at any time upon notification to you as provided in Section 32. If any future change is unacceptable to You, You should discontinue using the Service. Your continued use of the Service will always indicate your acceptance of this agreement and any changes to it.
You acknowledge that no other written, oral or electronic communications will serve to modify or supplement this Agreement, and You agree not to make any claims inconsistent with this understanding or in reliance on communications not part of this Agreement. The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
Raise 365 may provide notice to you and obtain consent from you (1) through the Mobile Application (2) by electronic mail at the electronic mail address associated with your Account; and/or (3) by written mail communication to you at the address associated with your Account. You must submit all notices required or permitted under this Agreement to : 941Linden Loop, Driftwood, TX 78619 or 440 Louisiana, Suite 929, Houston, TX 77002.
Raise 365 may refer names of certain third party service providers (“Service Providers”) to you upon your request or in connection with the Service. Any Service Providers referred to You by Raise 365 are not owned or controlled by Raise 365. You agree that Raise 365 is not responsible or liable in any way for the acts or omissions of any Service Providers, including, without limitation, any negligent, willful or illegal conduct. You further agree to conduct your own investigation and due diligence regarding any Service Providers referred to you by Raise 365. You agree to defend (at Raise 365’s option), indemnify and hold harmless Raise 365 from all damages, liabilities, claims, expenses and losses relating to the referral of Service Providers to You.
Neither party will be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its control, including and without limitation: strikes, lockouts, or other industrial disturbances; civil disturbances; fires; acts of God; acts of a public enemy; compliance with any regulations, order, or requirement of any governmental body or agency; or inability to obtain transportation or necessary materials in the open market.
You agree that You are responsible for the provision of access to User Data and the sharing of User Data. You agree that Raise 365 reserves the right to not transfer User Data or modify access if the foregoing is not provided to the extent required by applicable law. If the Account Owner dies, or otherwise becomes incapacitated, Raise 365 will attempt to identify an appropriate individual to transfer the Account Owner role pursuant to applicable law or regulation, and if an appropriate individual can be identified, will transfer the Account Owner role to that individual as outlined above. IT IS RECOMMENDED THAT ACCOUNT OWNERS CREATE CLEAR DIRECTIONS REGARDING ACCESS TO AND TRANSFER OF USER DATA IN THE EVENT OF THEIR DEATH, DISABILITY, OR INCAPACITATION AND SHARE THESE DIRECTIONS WITH A QUALIFIED AND TRUSTED INDIVIDUAL IN ADVANCE.
We provide Users information by email or posting through the Mobile Application. The emails and other communications You will receive include those relating to billing, account verification, platform and Service training (sometimes called “on-boarding materials), survey requests (for product and customer service improvement purposes), marketing and promotions, and administrative announcements (including related to these Terms of Service, our Privacy Policy, or security incident notifications). You understand that by using the Service and agreeing to these Terms of Service, Raise 365 will send to you the foregoing communication types and You hereby waive any right to opt out of such communications to the extent permitted by applicable law. You are responsible for obtaining either requisite consent or ceasing email communication to a patient or client in the event that such patient or client opts out of receipt of any such communications.
Our Copyright Agent for notice of claims of copyright infringement on or regarding this mobile application can be reached as follows:
General Counsel, 440 Louisiana, Suite 929, Houston, TX 77002 Attn: Phillip Yates.
In accordance with Our commitment to safeguarding your personal information, we have implemented robust cybersecurity measures as outlined in our Cybersecurity Policy. This policy details the procedures and protocols we follow to protect against unauthorized access, data breaches, and other cyber threats. Additionally, our Cyber Incident Response Plan ensures a swift and effective response to any cybersecurity incidents, minimizing potential harm and restoring normal operations promptly. For more information on these measures, please refer to our Cybersecurity Policy and Cyber Incident Response Plan available on our website.
Our Copyright Agent for notice of claims of copyright infringement on or regarding this mobile application can be reached as follows:
General Counsel, 440 Louisiana, Suite 929, Houston, TX 77002 Attn: Phillip Yates