TEAMRAISE TERMS OF SERVICE*
1.1 TeamRaise (herein the “Service”) is a fundraising platform that allows teams or organizations to raise money towards their expenses to attend large national events, purchase equipment and other operating expenses.
1.2 “Payment Account” means the credit card account, debit card account or other payment instrument that is used by a Donor with the Service and accepted by the Service to facilitate the processing of Payment Transactions.
1.3 “Payment Transaction” means the processing of a payment through the Service that results in the debiting or charging of the donation amount to a Donor’s Payment Account and the issuance of funds to User’s Settlement Account.
1.4 Any party that accesses or uses the Service, whether manually or through automated means, is defined as a “User,” and applies to all such users – whether a charity, event organizer, event registrant or other fundraiser or donor using our Service.
1.5 Any party that accesses or uses the Service to donate, purchase a donation ticket, or perform any other transaction, whether manually or through automated means, is defined as a “Donor.” All Donors are Users.
1.6 “Donation” means any monetary transaction performed using the Service. This includes, but is not limited to, donations to charities or non-charitable causes, the purchase of tickets to charitable or non-charitable events, or any other online monetary transaction made through the Service.
1.7 “Policies” means the various policies, guidelines, and other terms and conditions that are referenced in this Agreement. The Policies may be updated from time to time by TeamRaise LLC.
1.8 “Site” refers to http://www.teamraise.com and other affiliated domain names associated with same.
1.9 “Contribution Amount” is any Donation received from any Donor by User using the Service.
2.1 PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. By accessing and using the Service, you signify that you have read, understand, acknowledge, and agree to be bound by these Terms without modification.
2.2 User acknowledges that the Terms are supported by adequate consideration, the receipt and sufficiency of which are hereby acknowledged. You may not use the Service if you are not of legal age in your state or country to form a binding contract with TeamRaise LLC. If you do not agree to the Terms, you may not use the Service.
2.3 Note that there may be times when we offer a special feature or service, like a subscription-based service, or a special feature or service provided by one of our partnering organizations that has its own terms and condition that apply in addition to these Terms. In those cases, the terms specific to the aforesaid special features, services or applications control to the extent there is a conflict with these Terms.
3.1 We reserve the right, at our sole discretion, to change these Terms (herein “Updated Terms”) from time to time and without prior notice to User except as determined in the sole discretion of TeamRaise LLC. You agree that we may notify you of the Updated Terms by posting them on the Site or the Service, and that your use of the Service or the Site the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, as such Terms and Updated Terms, as applicable, will be binding on you, you should review the Terms and Updated Terms, as applicable, before using the Service. The Updated Terms will be effective as of the time of posting, at such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms.
4.1 We may update or otherwise modify the Service at any time for any reason in our sole discretion. We may shut down the Service for maintenance and development work when necessary. User acknowledges that they are familiar with the Service’s functions, and that the Service is sufficient without modification to meet your requirements. TeamRaise LLC shall have no obligation whatsoever to customize, modify or improve the Service.
5. Use of Content
5.1 All information, materials, functions and other content (herein “Content”) contained in TeamRaise LLC items, the Service, and the Site are our copyrighted property or the copyrighted property of our licensors, licensees, or partners. All trademarks, service marks, trade names and trade dress are proprietary to TeamRaise LLC and/or our licensors, licensees, and/or partners, as applicable. We may change the materials or delete Content or features at any time, in any way, for any or no reason and without prior notice to User.
5.2 Except as specifically agreed between User and TeamRaise LLC in writing, no Content from the TeamRaise materials, Site or the Service may be used, reproduced, transmitted, distributed, copied, or otherwise exploited in any way. Requests for written consent may be made via email to firstname.lastname@example.org
6. Service Features and Description
6.1 Service Description. User acknowledges and agrees that: (i) User’s Contribution Amounts processed are transactions between User and Donor and not with TeamRaise LLC or any of TeamRaise LLC’s affiliates; (ii) the Service is a third-party service platform provision and is not a party to any Payment Transaction; (iii) TeamRaise LLC is not a Donor or User in connection with any Payment Transaction of the Service; (iv) TeamRaise LLC will not be responsible for and does not control any aspect of the Contribution Amount or payment for Contribution Amount. When a Donor seeks to make a Donation with a Payment Account, the User will process the Payment Transaction through the appropriate payment-processing network chosen by User. User acknowledges that TeamRaise LLC is not affiliated with any such payment-processing network.
6.2 Permissible Payment Transactions. User may only use the Service to process a Payment Transaction for a Contribution Amount that is a Donation by a Donor through a legitimate, bona fide gift of the Contribution Amount. A Payment Transaction may not be submitted for capture through the Service until User has satisfied the requirements for charging or payment processing as described in any applicable terms of same between User and any third-party payment processor. The Service may not be used to process a Payment Transaction for User, or otherwise transfer money between Donor and User, that do not directly result from a Donor’s Donation of a Contribution Amount. User may not use the Service to provide cash advances to Donors or to facilitate the Donation by Donor of cash equivalents (e.g., travelers checks, prepaid cards, money orders). TeamRaise LLC may establish general practices and limits concerning use of the Service, including but not limited to, individual or aggregate transaction limits on the dollar amount or number of Payment Transactions during one or more specified time periods. User may not use the Service to process Payment Transactions in connection with an illegal transaction or the sale or exchange of any illegal or prohibited goods or services, including without limitation maximum Contribution Amounts.
6.3 Limitations on the Use of Service. User must comply with the Policies and any other limits concerning use of the Service as updated by TeamRaise LLC from time to time, including without limitation: (i) requirements for data security, (ii) operating rules and/or policies of the third-party payment processors or networks that are used to process the Payment Transactions as may be updated from time to time. TeamRaise LLC has the right (i) to change, suspend or discontinue the Service, in whole or in part, as necessary to perform maintenance or updates to the Service, and (ii) to impose limits on certain features or restrict access to parts or all of the Service, all without prior notice to User and without liability for such actions arising from any loss or damage incurred by User.
6.4 Prohibited Actions. Unless expressly permitted in writing by TeamRaise LLC, User may not: (i) establish a minimum Contribution Amount below $10.00; (ii) add any Service use surcharge to a Payment Transaction; (iii) submit to the Service a Payment Transaction that was previously returned as a chargeback; (iv) permit the use of the Service for payment of any debt owed to User by Donor; or (v) any perform any other act or transaction prohibited by applicable law.
7. Additional Service Terms
7.1 No Endorsement. User acknowledges that TeamRaise LLC does not endorse the User or the User’s processes, mission, organization, any of the information or content appearing on the User’s marketing materials or provided by User to TeamRaise LLC (herein “User Content”). User agrees not to state or imply any endorsement by TeamRaise LLC or its partners or affiliates on User’s marketing, promotional, or other materials.
7.2 Donor Identity. TeamRaise LLC has no obligation or responsibility to User to investigate the background or confirm the identity of Donors. TeamRaise LLC is not responsible for the quality or accuracy of personal information provided by Donors in order to complete Payment Transactions.
7.3 Disputes. User is solely responsible for any disputes arising between it and Donors. TeamRaise LLC is not a party to and bears no legal or other responsibility for any such disputes.
8. Service Fees, User Eligibility and Distribution Process
8.1 Service Fees. The Service uses a fixed registration fee (herein “Registration Fee”) for participation in the Service. The Registration Fee for the Service is $25.00, which amount is non-refundable to User and shall be paid prior to the User’s use of the Service. The Service charges a fixed fee of $2.00 for each pre-printed donation ticket shipped to the User and likewise, a $2.00 fixed fee for each online donation ticket accepted by the Service on behalf of the User. Together, these fees are defined as the “Processing Fees”. There are no monthly/annual maintenance fees. TeamRaise LLC will invoice the User for the appropriate Processing Fees approximately 60 days from the date TeamRaise LLC ships the User the TeamRaise fundraising package. The Processing Fees are due and payable by User on the invoice due date as specified by TeamRaise LLC. User agrees to submit payment for the Processing Fees invoice on or before the specified due date.
8.2 User Eligibility. In order to participate in the Service, User shall be a team or organization that is a current, registered participant in eligible event partners (herein “Event Partner”) as determined by TeamRaise LLC, and shall further be in Good Financial Standing with said Event Partner. Good Financial Standing with Event Partner is the status of the User when all team registration deposits are paid up-to-date (not past due) and current to the payment schedule prescribed by Event Partner.
8.3 Distribution Schedule. As further incentive to teams and organizations to participate in the Service, TeamRaise LLC will donate a television to one of the User’s Donors as determined by the User. Upon payment of the Service Processing Fees, TeamRaise LLC will arrange with Service partners, to ship applicable television directly to the User’s specified Donor as notified to TeamRaise LLC by an eligible User, as defined in Section 8.2, supra. TeamRaise LLC does not guarantee to provide to any Donor any particular brand, quality or any features of the television except for what is expressly specified in the Service materials.
8.4 Further Agreements. TeamRaise LLC may choose to invoice User for any amounts owed by User under this Agreement or otherwise, which amounts will be immediately due and payable by User. TeamRaise LLC reserves the right to cancel this Agreement in the event that User owes any outstanding sums to TeamRaise LLC under this Agreement.
8.5 Taxes and Other Charges. User will pay any applicable taxes imposed by governmental entities of whatever kind incurred by it with respect to the transactions contemplated under the Service or this Agreement, including but not limited to any penalties and interest incurred by User. User is solely responsible to collect any sales or income tax required by applicable law with respect to any payment Transaction or otherwise.
8.6 Changes in Price. TeamRaise LLC may at any time and without prior notice to User change the price of the Service or any part thereof or institute new charges or fees. If User does not agree to any such price changes or fees, User must terminate this agreement and stop using the Service. User’s continued use of the Service after the effective date of any such change shall constitute User’s acceptance of such change.
8.7 Compliance with Applicable Laws. As gaming and raffle laws vary from state to state, the duty to ensure compliance with all such applicable laws rests solely with User and User’s team/organization. TeamRaise LLC is not responsible to determine, advise or create compliance with applicable laws concerning User’s participation in the Service or otherwise. User agrees to seek legal advice to ensure compliance with all legal requirements imposed by federal, state or local law.
9. Donations and Ticket Processing
9.1 No Donor Fee. There are no fees or ancillary charges to a Donor to make a Donation and/or ticket purchase.
9.2 Donation Ticket Sales. It is User’s sole responsibility to determine the method and manner in which to solicit Donations, sell donation tickets and collect money for those sales. TeamRaise LLC, its partners, employees, subsidiaries, and agents are not responsible for the method, manner or process employed by persons engaged in the tickets sales and donation collections.
9.3 Donor Responsibility. Donor is solely responsible for determining the tax deductibility, if any, of any contribution or Donation. TeamRaise LLC, its partners, employees, subsidiaries, and agents are not responsible for determining the tax deductibility of any contribution.
9.4 Receipts. It is the User’s discretion to provide Donor a receipt of any Donation. TeamRaise LLC is not responsible to provide any transaction receipts.
10.1 Proprietary Rights. TeamRaise LLC shall be the sole, exclusive owner of the TeamRaise Service, all materials related to the Service supplied to User, all new versions of the Service, improvements, enhancements, additional and modifications to the Service or its related materials, all copyright patent, trade secret and other intellectual property rights related to the Service and such materials, and all tangible media on which the Service and such materials are maintained. User shall not have a claim or right whatsoever with respect to the Service except for a limited license to use the Service granted herein in accordance with these Terms and Conditions. You may not use, copy, modify, transfer, or make any derivative works of all or any part of the Service, any materials related to the Service, or any copy, adaptation, transcription, or merged portion thereof, except as expressly permitted hereunder. If User takes any action prohibited hereunder, User’s agreement shall be terminated.
11. Rules of Conduct
11.1 The views, ideas or expression of User are not necessarily those of TeamRaise LLC. In order to maintain an informative and valuable service that meets the needs of the Users and avoids harm to others, it is necessary to establish Rules of Conduct. By way of example, and not as a limitation, User acknowledges and agrees that when using the Service, User will not:
(i) Use the Service in connection with pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
(ii) Publish, post, upload, distribute or disseminate any materials that violate any legal rights (such as rights of privacy and publicity, intellectual property rights, or any other legal rights) of others, or otherwise violate any such rights using the Service.
(iii) Publish, post, upload, distribute or disseminate any profane, defamatory, obscene, indecent or unlawful topic, name, image, material or information.
(iv) Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their race, gender, sexual orientation, religion, or national origin, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
(v) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as the rights of privacy and publicity) of others. User many not post or transmit any message that is libelous or defamatory, or which violates any other person’s copyrights, privacy rights, trademarks, trade secrets, or rights in other confidential information. User agrees to indemnify and hold harmless TeamRaise LLC and its affiliates, officers, agents, attorneys, successors, assigns and principals from any and all damages suffered by third parties as a result of User’s violation of this Section 11.1.
(vi) State or imply that TeamRaise LLC or its affiliates or partners are affiliated or connected to the User or User’s organization or team, or to their policies, procedures, mission, personnel, contractual relationships, or community presence except as set forth in these Terms of Service.
(vii) Harvest or otherwise collect information about others, including email addresses, without their consent.
(viii) Restrict or inhibit any other authorized User from using and enjoying the Service.
(ix) Create a false identity for the purpose of misleading others or otherwise acting in any unlawful manner.
(x) Violate any applicable laws or regulations.
12. Representations and Warranties
12.1 User represents and warrants that (i) if an individual, User is at least 18 years old, (ii) User is capable of and has full power, capacity and authority to enter into this Agreement and the Agreement constitutes the valid and binding obligations of User, (iii) User will comply with applicable law, regulations and ordinances in connection with User’s use of the Service, including any applicable gaming regulations and statutes.
13.1 User understands that, except for information, products or services clearly identified as being supplied by TeamRaise LLC, TeamRaise LLC does not review, operate, or control any material, information, products or services on the internet or otherwise, including but not limited to electronic or hard-copy transmissions from Users or materials connected in any way.
13.2 TEAMRAISE LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF ANY OF THE SERVICE OR ANY OF ITS RELATED CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST TEAMRAISE LLC, ITS AFFILIATES, PARTNERS, ATTORNEYS, OFFICERS, AND AGENTS WITH RESPECT TO THE SERVICE AND ITS CONTENT, AND ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
13.3 The Service, the Site and all other products and services offered by TeamRaise LLC and its affiliates and partners are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, TeamRaise LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. TeamRaise LLC does not represent or warrant that the functions contained in the Site or the Service will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. TeamRaise LLC does not make any warranties or representations regarding the use of the materials provided in conjunction with the Site or the Service in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
14. Limitation of Liability
14.1 UNDER NO CIRCUMSTANCES SHALL TEAMRAISE LLC, ITS LICENSORS, LICENSEES, AFFILIATES, SUPPLIERS, PARTNERS, OFFICERS, ATTORNEYS OR AGENTS, OR ANY OF THE FOREGOINGS’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS (HEREIN COLLECTIVELY “TEAMRAISE”), BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR YOUR USE OR LOSS OF USE OF THE SERVICE, THE TEAMRAISE SITE, TEAMRAISE MATERIALS, OR ANY OTHER RELATED PRODUCTS OR SERVICES. FURTHER, TEAMRAISE SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICE, TEAMRAISE SITE, TEAMRAISE MATERIALS OR ANY OTHER RELATED PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED PRODUCTS AND GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF TEAMRAISE OR ITS LICENSORS, LICENSEES, AFFILIATES, SUPPLIERS, PARTNERS, OFFICERS, ATTORNEYS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
14.2 IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. CONTINUED USE OF THE SERVICE EXPRESSES SATISFACTION WITH THE SERVICE AND THE TERMS OF THIS AGREEMENT.
You hereby agree to indemnify, defend, and hold TeamRaise LLC, and its licensors, licensees, partners, distributors, agents, officers, representatives and other authorized users, and each of the foregoing entities and individuals respective resellers, distributors, service providers and suppliers, and all of the foregoing entities and individuals respective officers, owners, directors, employees, agents, representatives and assigns (collectively “Indemnified Parties”) harmless from any and against any and all losses, damages, liabilities and costs (including settlement costs and any legal, attorney’s fees, court costs, or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or claims arising out of your use of the Service and/or any related products or materials. User further agrees to use its best efforts to cooperate with TeamRaise LLC in the defense of any claim brought against TeamRaise LLC.
16. General Provisions
16.1 These Terms shall be construed in accordance with the laws of the Commonwealth of Kentucky without regard to any conflict of law principles. User consents to jurisdiction of the courts of the Commonwealth of Kentucky and/or the federal district courts in the Western District of Kentucky, for the purpose of resolving all issues of law, equity, or fact, arising out of or in connection with this Agreement, the Service, the Site and any related products or services. User consents to personal jurisdiction in the state and/or federal courts of Kentucky and hereby waives any defense of lack of personal jurisdiction or forum non convenes. Venue, for the purpose of all such suits, shall be in Jefferson County, Commonwealth of Kentucky.
16.3 YOU HEREBY IRROVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE TERMS, THE SERVICE, THE SITE AND/OR ANY RELATED PRODUCTS OR SERVICES.
16.4 YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OUR RELATED TO THIS AGREEMENT, THE TERMS, THE SERVICE, THE SITE AND/OR ANY RELATED PRODUCTS AND SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH ACTION SHALL BE PERMANENTLY BARRED.
16.5 We may suspend or terminate your account and your ability to use the Service or any portion thereof without prior notice to you for your failure to comply with these Terms or any other policies and procedures of TeamRaise LLC, for infringing copyright, or for any other reason whatsoever in TeamRaise LLC’s sole discretion.