Terms of Service
Date of Last Revision: December 18, 2018
J-Trajectory, LLC, doing business as Raise Craze, provides its services (described below) to you through its website (the "Platform") and related services (collectively, such services, including any new features and applications, and the Platform, the "Services"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). If you are a campaign organizer (as defined below), you will be contracting with J-Trajectory, LLC. For purposes of the following Terms of Service, “Raise Craze,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate the date these terms were last revised. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.
Finally, we encourage you, particularly if you intend to donate to a Raise Craze campaign, to review the Fees section of these Terms of Service.
ACCESS AND USE OF THE SERVICES
Services Description: The Services are offered as a Platform to users of the Services, which may include Campaign Organizers, Participants and Donors (each defined herein) and other users of the Services. Among other features, the Services are designed to allow a user (a "Campaign Organizer") to create a fundraising campaign for their organization ("Campaign") on the Platform to enable their members (a “Participant” or “Participants”) to create donation pages, email potential donors and accept monetary donations ("Donations") from those wishing to contribute funds to the Campaign ("Donors"). Although there are no fees to set up a Campaign, Raise Craze charges a fee per Donation for our Services. Please see our Fees section for details.
Charitable Giving: Campaigns are not charities to which you can make tax-deductible charitable contributions. However, in addition to the Services described above, Raise Craze permits Donors to contribute directly to certain charitable organizations ("Charities") through the Platform. Donors should consult with their tax advisor regarding the deductibility of a donation to a Charity made through Raise Craze. Raise Craze makes no representation regarding the deductibility of donations. In the event a donation is deductible, it is the responsibility of the Charity to provide all documentation required by the Internal Revenue Code and IRS Regulations.
Any donation you make to a Charity through the Platform will be subject to Fees. You understand and acknowledge, however, that Raise Craze is not a charity. If you or your charity would like to register to be listed as a charitable organization on the Platform, please contact us at firstname.lastname@example.org and we can help facilitate that process. As used in this Agreement, the term "Campaign" does not refer to a Charity, and you acknowledge that contributions to Campaigns are not deductible under your jurisdiction’s applicable tax laws and regulations.
The Services are a Platform; We are not a Broker, Financial Institution, Creditor or Charitable Institution: The purpose of the Services is to help organizations raise money, but we do not pick or endorse any such entities or organizations or any of their Campaigns or causes. We merely provide a technology platform to allow Campaign Organizers, Participants and Charities to connect with Donors. The existence of the Services is not a solicitation of donations by Raise Craze, and Raise Craze does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity or organization. Raise Craze facilitates the Donation transaction between Campaign Organizers, Participants, Charities and Donors, but is not a party to any agreement between a Campaign Organizer, Participant and a Donor, or between any user and a Charity. Raise Craze is not a broker, agent, financial institution, creditor or insurer for any user. Raise Craze has no control over the conduct of, or any information provided by, a Campaign Organizer, Participant or a Charity, and Raise Craze hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. By using the Services, you understand and agree that Raise Craze shall not be responsible for the use of your Donations or the amount of funds raised for your Campaign.
You, as a Campaign Organizer or Participant, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post; (iii) you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your project; and (iv) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize Raise Craze and Raise Craze reserves the right to, provide information relating to your Campaign with Donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation.
Taxes: It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Raise Craze of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services. Raise Craze will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Services: Raise Craze reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof). We will endeavor to give you notice of any such modification, suspension or discontinuance. You agree that, to the extent permitted by law, Raise Craze will not be liable to you for any modification, suspension or discontinuance of the Services in accordance with these Terms of Service.
General Practices Regarding Use and Storage: You acknowledge that Raise Craze may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Raise Craze's servers on your behalf. You agree that Raise Craze has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that Raise Craze reserves the right to terminate accounts or Campaigns that are inactive for an extended period of time. You further acknowledge that Raise Craze reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavor to give you notice of any such change where required by applicable law.
CONDITIONS OF USE
User Conduct: You are solely responsible for all Campaign descriptions, images, songs, information, data or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or transmit or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by Raise Craze. However, this list is not exhaustive and Raise Craze reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and applicable international agencies, and take appropriate action against anyone who, in Raise Craze's sole discretion, violates any of the terms or spirit of these Terms of Service (or the principles described in our preamble hereto), including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments to any such Campaign, freezing or placing a hold on donated funds when Raise Craze reasonably believes it to be required by applicable law, and reporting you to law enforcement authorities or otherwise taking appropriate legal action. Without limiting the foregoing, you agree to not use the Services to:
A. establish or contribute to any Campaign with the implicit or express purpose relating to any of the following:
1. any activity that violates any law or governmental regulation;
2. content or campaigns that are fraudulent, misleading, inaccurate, dishonest, impossible or imitating any other person
or fundraising campaign (whether on the Platform or not)
B. transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party;
(ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software
viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v)
constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail,"
"spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or (vi) in the sole
judgment of Raise Craze, is objectionable or which restricts or inhibits any other person from using or enjoying the Services,
or which may expose Raise Craze or its users to any harm or liability of any type; or
C. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements,
procedures, policies or regulations of networks connected to the Services; or
D. harvest or collect email addresses or other contact information of other users from the Services by electronic or other
Donations: In order to contribute to a Campaign or to a Charity, a Donor will be required to provide Raise Craze information regarding its credit card or other payment method. You, as a Donor, represent and warrant to Raise Craze that such information is true and that you are authorized to use the payment instrument. You agree that all Donation payments are final and will not be refunded unless Raise Craze, in its sole discretion, agrees to issue a refund. In the event you make an error, please contact us at email@example.com.
Fees: Raise Craze does not charge a Campaign Organizer any upfront fees for initiating a Campaign. With the exception of charitable organizations in South Carolina, Raise Craze retains a flat fee of $1.00 for every Donation less than $25.00 and $5.00 for every Donation greater than or equal to $25.00 (the “Raise Craze Fee”). For charitable organizations in South Carolina, the Raise Craze Fee is a flat fee of $3.00 per Donation.
The Raise Craze Fee applies to all donations, regardless of method (credit card, check or cash) and regardless of whether such donations are made through the Platform. The Campaign Organizer is responsible for entering all cash and check donations not made through the Platform into the Platform and warranting that all such entries are complete and accurate at the end of the Campaign. Raise Craze will invoice the Campaign Organizer for the Raise Craze Fee on cash and check donations at the end of the Campaign (the “Shortage”). Raise Craze reserves the right to audit the financial statements of the Campaign Organizer for the sole purpose of determining whether all donations have been entered into the Platform.
A third-party payment processing fee is also deducted from each Donation made via credit card (the "Payment Processing Fee," and together with the Raise Craze Fee and any other imposed taxes or fees, the "Fees"). The current Payment Processing Fee is $0.30 per transaction plus 2.9% of the amount of the charge.
Donors have the option to cover all or a portion of the Fees, if desired (the “Fees Covered By Donors”). Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms and conditions set forth by our payment partners, in addition to these Terms of Service, including WePay’s terms of service and Stripe’s terms of service.
The sum of the Raise Craze Fees, including those invoiced for cash and check donations, and the Payment Processing Fees minus the Fees Covered by Donors equals the total net fees for the Campaign (the “Total Net Fees”). With the exception of charitable organizations in South Carolina, the Total Net Fees shall not exceed 10% of the total amount raised by the Campaign. Subject to the foregoing, in the event the Total Net Fees exceeds 10% of the total amount raised by the Campaign (an “Overage”), Raise Craze will refund the amount of the Overage to the Campaign Organizer at the end of the Campaign. This 10% cap on Total Net Fees does not apply to charitable campaigns in South Carolina.
Within ten (10) business days of the Campaign Organizer warranting that all entries into the Platform are complete, Raise Craze will prepare a final statement (the “Final Statement”) showing the total amount raised during the Campaign, the Raise Craze Fee, the Raise Craze Fee due on cash and check donations, the Payment Processing Fee, the Total Net Fees and the amount of the Overage (or Shortage), if any, for the Campaign Organizer’s review and approval. In the event of an Overage, Raise Craze will issue a check to the Campaign Organizer within five (5) business days of receipt of the Campaign Organizer’s approval of the Final Statement. In the event of a Shortage, the Campaign Organizer will issue a check to Raise Craze within five (5) business days of receiving the Final Statement.
With the exception on Fees due on cash and check donations, Fees are deducted directly from each Donation, and will not be reflected in the amount which a Campaign Organizer can withdraw from the Campaign or which is directed to a Charity. We reserve the right to change Raise Craze's Fee pricing from time to time. If Raise Craze does change its Fees, Raise Craze will provide advance notice of the change on the Platform or in email to you, at Raise Craze's option. Your continued use of the Services after the Fee change becomes effective constitutes your acceptance of the updated Fees. Unless expressly stated otherwise, all Fees referred to in these Terms of Service are exclusive of Value Added Tax, Goods and Services Tax and any other taxes, where applicable.
Account Holds: From time to time, our payment partners may place a hold on a Campaign account (a "Hold"), restricting Withdrawals (defined herein) by a Campaign Organizer. A Hold will be placed on an account as required by applicable laws and regulations, or the terms and conditions of our payment partners. If you have questions about a Hold that has been placed on your Campaign account, or need information about how to resolve the Hold, please contact us at firstname.lastname@example.org and we will work with you and our payment partners to resolve.
Withdrawing Donations from a Campaign: You, as a Campaign Organizer (or, as applicable, the beneficiary designated by the Campaign), may withdraw Donations to your Campaign at any time up to the full amount of all Donations credited to your Campaign, less Fees and any previously withdrawn amounts ("Withdrawals") and subject to any Holds that our payment partners may place on your Campaign account. A Campaign Organizer may withdraw Donations by electronic wire transfer to your bank account or by receipt of a paper check in certain cases. While our payment partners strive to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and Raise Craze does not guarantee that Withdrawals will be available to you within any specific time frame, and Raise Craze expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Campaign Organizer, are responsible for ensuring that the information you provide to our payment partners in order to process a Withdrawal, including your bank account information, is accurate and up to date.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Services and the transmission of applicable data, if any, may be subject to export controls and economic sanctions laws of the United States or other jurisdictions. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of such export control and economic sanctions laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.
INTELLECTUAL PROPERTY RIGHTS
Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features ("Services Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Raise Craze, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Raise Craze from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Raise Craze, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Raise Craze.
The Raise Craze name and logos are trademarks and service marks of Raise Craze (collectively the "Raise Craze Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to Raise Craze. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Raise Craze Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Raise Craze Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will Raise Craze be liable in any way for any content or materials of any third parties (including users, Campaign Organizers and Participants), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Raise Craze does not pre-screen content, but that Raise Craze and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Raise Craze and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Raise Craze, in its sole discretion, to be otherwise objectionable.
User Content Transmitted Through the Services: With respect to the content, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading any User Content you hereby grant and will grant Raise Craze and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Raise Craze and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of Raise Craze in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Raise Craze's exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to Raise Craze are non-confidential and Raise Craze will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Raise Craze may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Raise Craze, its users or the public.
THIRD PARTY WEBSITES/SERVICES
The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. Raise Craze has no control over such sites, services and resources and Raise Craze is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that Raise Craze will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Raise Craze is not liable for any loss or claim that you may have against any such third party.
INDEMNITY AND RELEASE
You agree to release, indemnify on demand and hold Raise Craze and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RAISE CRAZE AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
RAISE CRAZE AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLIABLE LAW, NEITHER RAISE CRAZE NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF RAISE CRAZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RAISE CRAZE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID RAISE CRAZE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Dispute Resolution by Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most user concerns can be resolved quickly and to the user's satisfaction by emailing Raise Craze support at email@example.com. In the unlikely event that our user support team is unable to resolve a complaint you may have (or if Raise Craze has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or mediation instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. The payment of attorneys' fees will be governed by the AAA Rules (as defined below) or the rules of the local governing arbitration body in the case AAA Rules are not available. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
Raise Craze and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud,
misrepresentation or any other legal theory;
• claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
• claims that may arise after the termination of these Terms of Service.
References to "Raise Craze", "we", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, provincial, national or local agencies, including, for example, if residing in the United States, the Federal Communications Commission or the Attorney General of your state. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Raise Craze are each waiving the right to a trial by jury or to participate in a class action. If residing in the United States, these Terms of Service evidence a transaction in interstate commerce, and thus the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Service.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Raise Craze should be sent to 1074 South Batesville Road, Greer, SC 29650 Attn: Raise Craze Corporate Counsel, with a copy by email to firstname.lastname@example.org ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Raise Craze and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Raise Craze may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Raise Craze or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Raise Craze is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of these Terms of Service. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless Raise Craze and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in the United States for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The payment of all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules will be governed by the AAA rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND RAISE CRAZE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Raise Craze agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in these Terms of Service to the contrary, we agree that if Raise Craze makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. The provisions of this arbitration agreement shall only be in effect to the extent they are permitted under applicable laws. If the AAA Rules cannot be applied to an arbitration under applicable law, then the rules of the local governing arbitration body shall apply instead.
You agree that Raise Craze, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services under reasonable circumstances, including, without limitation, for lack of use or if Raise Craze believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Services under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Raise Craze may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services where such deactivation or deletion is permitted under these Terms of Service. Further, you agree that Raise Craze will not be liable to you or any third party for any termination of your access to the Services.
You agree that you are solely responsible for your interactions with any other user in connection with the Services and Raise Craze will have no liability or responsibility with respect thereto. Raise Craze reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
These Terms of Service constitute the entire agreement between you and Raise Craze and govern your use of the Services, superseding any prior agreements between you and Raise Craze with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of South Carolina without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Raise Craze agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Greenville County, South Carolina. The failure of Raise Craze to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Raise Craze, but Raise Craze may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.
QUESTIONS? CONCERNS? SUGGESTIONS?
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services.