Terms of Use

Please read the following terms before using the services of RaiseYou, Inc. (“RaiseYou”) or its affiliated websites.  If you do not agree to these terms of use, you may not access or otherwise use these services. By using RaiseYou’s websites (defined to include all properties - mobile, Web, app or otherwise), related data, and/or related services (collectively, "Services"), you agree to be bound by the following terms of use, as updated from time to time ("Terms of Use").

Proprietary Materials

The RaiseYou site and Services (including without limitation the database and content found on the site) is copyrighted or otherwise protected subject matter, is owned or licensed by RaiseYou and is protected by United States and international copyright law, trademark law and other intellectual property laws. Material accessible to you through the Services may be the subject of intellectual property rights, including, without limitation, patents, copyrights, trademarks and trade secrets. Except as expressly permitted by the owner of such rights, you may not reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any such material. You may not reproduce, modify, distribute or publicly display the RaiseYou site, Services or gifts, in whole or in part, in any form (including by email, screen shots or other electronic means) except as is expressly authorized by RaiseYou. Without RaiseYou’s prior written permission, you may not frame or in-line link any of the content of the Services or RaiseYou site, or incorporate any of RaiseYou’s intellectual property into another website, application, mobile or handheld device application, or other service. RaiseYou retains all rights (including all intellectual property rights), title and interest in the Services and all underlying technology and data.

Membership Privileges

Membership privileges are granted by RaiseYou to individuals exclusively to learn about nonprofit organizations for the purposes of evaluating them as recipients of charitable donations. You may not share your user account(s) with others. You are responsible for all actions taken via your account. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of RaiseYou. RaiseYou has the right to refuse service to any member, individual, organization, or firm (and all members associated with said organization) that refuses to abide by the terms and conditions herein. No employee, independent contractor, agent, or affiliate of a competing information service is permitted to access any of the Services without express written permission from RaiseYou. RaiseYou utilizes email as a vital and primary communication channel with customers. As a registered user, you hereby acknowledge and grant RaiseYou the permission to communicate with you via email and telephone for any purposes RaiseYou determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. RaiseYou will use best efforts to honor users’ requests to opt out of marketing messages, but under no circumstances will RaiseYou have any liability for sending any email to its users.

Content

You agree not to submit any gift descriptions, photographs, financial information, contact information or other information to the Services unless you have received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs. You recognize that you are solely responsible for the substance and content of any information that you make available, including, without limitation, through the posting of content on the Services. RaiseYou will not be responsible, cannot independently verify, and makes no representations or warranties concerning, the content information provided or received by you through your use of the Services. Any information provided by RaiseYou in connection with its provision of the Services relating to property of others has been obtained directly from the owners of such property or from sources believed by RaiseYou to be reliable. RaiseYou may remove or modify your submission at any time. For materials you post or otherwise provide to RaiseYou, you grant RaiseYou an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law.

Prohibited Uses

You expressly agree not to use the Services in a manner that is inconsistent with these Terms of Use or prohibited by any law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, use of any of the Services to invade the privacy of third parties, impersonate RaiseYou’s personnel or other parties, or transmit libelous or harassing material via email or online. You agree not to send unsolicited mass mailings from another service that in any way implicates the use of the Services, equipment or any RaiseYou email address. For each violation by you of this provision, you agree to pay RaiseYou damages to compensate for the lost goodwill such a violation causes. You may not (i) interfere with any other content, site or software that RaiseYou owns or controls; (ii) directly or indirectly, change, recompile, reframe, rent, sell, distribute or publish any of the RaiseYou site; (iii) use any data mining, robots or similar data gathering and extraction methods with respect to the RaiseYou site or Services or any portion thereof; or (iv) use the RaiseYou site or Services directly or indirectly in competition with RaiseYou in any way whatsoever.

No Warranty

The Services (including all content, software, functions, materials and information accessed or provided by any means thereof) are provided as is, without warranties of any kind, either express or implied, including, but not limited to, warranties of title, or implied warranties of merchantability of fitness for a particular purpose, or warranties of non-infringement. To the fullest extent permissible by law, RaiseYou makes no warranties and shall not be liable for the use of the Services, including, without limitation, any interruption of or error in the Services under any circumstances, including, but not limited to, RaiseYou’s negligence. RaiseYou does not endorse, support, sanction, or verify the information on the RaiseYou site or Services. Unless otherwise specifically indicated, RaiseYou does not endorse and has no affiliation with any of the organizations mentioned, listed in, described on or linked to via the Services, and it makes no representations or warranties whatsoever with regard to those organizations, including but not limited to the performance of goods and services provided by those organizations.

Limitation of Liability

Under no circumstances shall RaiseYou be liable for any special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Services even if RaiseYou has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall RaiseYou's total liability to you for all damages, losses, or causes of action exceed one (1) dollar.

Indemnification

You agree to defend and hold RaiseYou, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use or your use of the Services.

Privacy Policy

RaiseYou values you and respects your privacy. RaiseYou collects information to support user relationships, improve the Services, and communicate about promotions or special services. RaiseYou recognizes that it must maintain and use information responsibly. RaiseYou’s privacy policy is regularly reviewed to make sure it continues to serve the privacy interests of users of the Services. If our information practices change materially, RaiseYou will post the policy changes in the Terms of Use to notify you of these changes. Please check the Terms of Use periodically for more information on how RaiseYou use the data it collects. If you have any questions about our privacy policy, please contact us through the RaiseYou Help Center.

Information Collection

RaiseYou collects information when you use the Services, create an account, edit your account information or make a donation. Some of this information is technical information that is automatically logged by RaiseYou servers. When you make an online donation on RaiseYou, RaiseYou collects personal information such as your name, telephone number and email address, if you have not already provided these details. RaiseYou collects information about your donation, including the gift you are donating to and the amount of your donation. You may choose to provide the email address of friends that you ask us to notify about your use of the Services. RaiseYou also collects (but does not retain) credit card numbers that are processed by a third-party payment vendor subject to the Payment Card Industry Data Security Standards. If you use PayPal or a similar service, their use of your information is based on their terms of service and policies, not RaiseYou’s, so RaiseYou encourages you to review those policies carefully.

Technical Information

Like most websites, RaiseYou servers automatically collect certain technical information when you visit the Services, including your Internet Protocol address, browser type, browser language, the date and time of your visit, the referring URL, and, if you have visited the Services before, one or more cookies that may uniquely identify your browser. RaiseYou also collects information about your activities on the site, such as the pages you access. In order to collect this information, the site places a cookie on your hard drive. A "cookie" is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the Services again, the cookie allows RaiseYou to recognize your browser. Cookies may store user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or may not function properly without cookies.

Use of Information

RaiseYou uses the personal information that you provide, and the technical information logged by our servers to process your donations, to improve your experience (such as remembering your name, the items in your shopping cart, or your preferences), to contact you regarding your donations and other aspects of the Service, and to operate the site and our business.

Disclosure of Personal Information

RaiseYou will share your personal information with our agents, representatives, service providers and contractors in order to process your donations and facilitate your use of the Services, communicate news and information, provide customer service, enhance and improve customers' donor experiences, and complete financial transactions. These service providers are authorized to use your information only to the extent necessary to serve these purposes or as otherwise authorized by this policy. When you make a donation, RaiseYou will give you the opportunity to tell it not to share your personal information. However, unless you ask us not to, RaiseYou may display you as a donor for specific gifts. Aside from the purposes described above, RaiseYou will not disclose your personal information without your consent, unless: (1) RaiseYou needs to respond to a subpoena, court order or legal process; (2) an emergency situation requires disclosure before your permission can be obtained (e.g., situations involving potential threats to personal safety), or; (3) RaiseYou determines that disclosure is needed to protect our rights or property, or the rights or property of another person. RaiseYou may share aggregated demographic and statistical information with our other partners. This is not linked to any personal information that can identify any individual person.

Security

RaiseYou understands the importance of keeping your information secure and confidential. We have implemented policies and procedures designed to help safeguard your information. When you make a donation, information about your credit card, PayPal account, or bank is transmitted using SSL.

General

RaiseYou may assign this Terms of Use agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use or transfer your rights, if any, in the Service. RaiseYou may terminate these Terms of Use (including your rights hereunder) at any time, with or without notice and with or without cause. These Terms of Use constitute the entire agreement between you and RaiseYou and supersede all prior agreements. RaiseYou reserves the right, in its sole discretion, to modify, alter, or otherwise revise these Terms of Use at any time by posting such modified versions on the RaiseYou site, and you agree to monitor regularly these Terms of Use. Your continued use of the Services after the posting of any modified versions shall constitute agreement to these Terms of Use. Except as is stated herein to the contrary, any notices to RaiseYou must be sent through the RaiseYou Help Center.

Governing Law

These Terms of Use are governed by the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Santa Clara County, California for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use.