TERMS OF USE

Last Updated: February 21, 2022

These Terms of Use apply to and govern your use of the TogetheRaise.com website, programs, information, features, and service (collectively the “Services”) and sets forth the specific conditions under which TogetheRaise, LLC, a Delaware Limited Liability Company (hereinafter referred to as “TogetheRaise,” “TogetheRaise.com”, we, us, or our), provides you access to the Services.

PLEASE REVIEW THESE TERMS CAREFULLY.

BY YOUR EITHER:

• CLICKING “I AGREE” WHEN PRESENTED AN OPTION TO AGREE TO THESE TERMS OF USE AS PART OF A CLICK-THROUGH SIGN-UP OR AGREEMENT AND/OR
• USING THE TOGETHERAISE.COM WEBSITE,

YOU AGREE TO THESE TERMS OF USE (INCLUDING ANY MODIFICATIONS TO THE TERMS OF USE THAT TOGETHERAISE.COM MAY MAKE FROM TIME TO TIME) WITH RESPECT TO THE ENTIRETY OF YOUR USE OF TOGETHERAISE.COM WEBSITE AND THE SERVICES.

If you do not agree to these Terms of Use, you may not be able to use portions of the Services, and you should not use the website.

If you have any questions about these Terms of Use please contact us at: support@togetheraise.com.

For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy, which is hereby incorporated into these Terms of Use.

THE BASICS

(be sure to check out the fine print of the complete Terms of Use below)

Using TogetheRaise

TogetheRaise.com provides a technology platform for helping nonprofits become more efficient in their fundraising efforts. We increase donor engagement and viral sharing and promotion of the nonprofits’ campaigns.

Charities & Campaigns

TogetheRaise screens and chooses the specific, limited set of campaigns that run on the website. This allows us to maximize scale, reach, and efficiency of these campaigns. We can further our goal to help nonprofits raise more money, faster by increasing donor engagement, viral sharing and promotion of their campaigns

Donations & Tips

Donations to campaigns are made through our contracted partner Make My Donation, Inc., a U.S. registered 501(c)(3) public charity (“Make My Donation”).

TogetheRaise routes your donation through Make My Donation, which then distributes it to the charity specified in the campaign. This simplifies the process, and allows us to operate at the speed and scale needed. If you make a donation via TogetheRaise.com, your receipt will indicate that the donation was made to Make My Donation, with additional supporting details regarding the campaign.

100% of your donation, less ONLY the mandatory payment processing fees (for example, from your credit card, etc.) is routed to Make My Donation, who is responsible for distributing donation funds to the charity designated in each campaign. For more information on how Make My Donation’s distribution process works (including any fees collected by Make My Donation from any donation), please visit: https://makemydonation.org

TogetheRaise operates our platform solely based on the generosity of optional Tips made by donors. TogetheRaise retains 0% of any base donation that you make.

Refunds

Donations and tips are generally nonrefundable.

Accounts

In order to leverage the TogetheRaise technology and multiply your impact by getting others to donate, you may need to set up a very brief account with us. TogetheRaise never sells or shares your information, except for necessary purposes such as facilitating your donation or as required by law. Please see our Privacy Policy for more information.

Ambassadors

While saving the world and having some fun on TogetheRaise.com, you can also responsibly earn some extra income. By joining our Ambassador Program, you can share in the Tips associated with donations that you directly refer, or even with donations from users who are connected to you by multiple levels of referrals.

Charity & State Registrations & Disclaimers

TogetheRaise is a technology platform helping to bring frictionless scale to charitable fundraising efforts by connecting donors to charities. The nonprofit charities we work with are required to have 501(c)(3) status and the necessary state registrations, which you may independently verify through the IRS exempt organizations search, respective state charities’ search, and/or through the organizations’ website.

The Deeper Legal Stuff

Check out all the legalese our lawyers made us include.

THE DETAILS

Section 1: Using TogetheRaise

TogetheRaise is an online platform that enhances charitable fundraising by leveraging technology that allows supporters to make donations, call on other supporters, and track their fundraising efforts.

TogetheRaise reserves the right to add, change, modify, suspend or discontinue any portion of the Services, in its sole discretion, at any time. TogetheRaise may restrict your access to portions of or the entire Services in its sole discretion without notice or liability to you.

Section 2: Eligibility

You may not use the Services or accept these Terms of Use if you are under sixteen (16) years of age. TogetheRaise reserves the right to refuse access to users under certain ages, as set in our sole discretion from time to time.

If you accept these Terms of Use, you represent that you have the legal capacity to be bound by them. If you are under eighteen (18) years of age (or under the age of legal majority where you live), you may use TogetheRaise.com only with the permission of a parent or legal guardian who agrees to be bound by these Terms of Use.

Ambassador Program Eligibility - The Ambassador Program may have additional eligibility requirements, which you should review in the Ambassador Addendum.

Section 3: Donations & Tips

Donations - Donations to the charity grantees specified in the campaigns are made through our partner Make My Donation, a U.S. 501(c)(3) registered public charity.

When you make a donation, TogetheRaise.com routes your donation to Make My Donation, who then distributes it to the specified grantee for the respective campaign (or in the event of any issue with such grantee receiving funds from your donation, to another charity in the Make My Donation network, which TogetheRaise and Make My Donation will collaborate to select an appropriate substitute to fulfill the charitable purpose of the campaign). This simplifies the process and allows us to operate at the speed and scale needed to achieve our goal to help nonprofits raise more money, faster.

Receipt - If you make a donation via TogetheRaise, your donation receipt will indicate that the donation was made to Make My Donation, with additional supporting details regarding the campaign.

The following is an example of how your receipt will appear:

Process - In order to make a donation for a listed campaign, click the “Donate” button located either on the website header or the campaign status module. By clicking the “Donate” button, you will open the donation module, whereby you can select your donation amount, method of payment, and optional tip amount. Donations must be in whole dollar amounts only, with a minimum donation of one dollar.

Pass-Through - 100% of your donation, less ONLY the mandatory payment processing fees (for example, from your credit card, Stripe, etc.) are distributed to Make My Donation, who is responsible for distributing donation funds to the charity designated in each campaign. For more information on how Make My Donation’s distribution process works (including any fees collected by Make My Donation from any donation), please visit: https://makemydonation.org.

TogetheRaise does not charge a convenience fee or take any cut from your base donation amount (see Tips below).

Tips - TogetheRaise operates our platform based on the generosity of optional tips by users who donate to a campaign (“Tip” or “Tips”). In the donation module, you are prompted to add a Tip that may be $0 or any amount you desire (note that a Tip amount may be pre-selected in the module to a standardized tip amount or percentage by default, which you will be able to change to $0). There is no obligation to include a Tip. Your optional Tip has no impact on your donation nor is it deducted from the amount that will be donated to the specified grantee.

Currency - All donations and Tips will be made in U.S. Dollars. The amount you see on any TogetheRaise donation and Tip interface screen references U.S. Dollars only, and the credit card processor will convert the amount charged to your local currency (as applicable).

Section 4: Refund & Errors

Non-Refundable – All payments are nonrefundable, including donation and Tip, except as required by law.

Errors - In the event of a system or platform error, we reserve the right to correct the error and revise your payment accordingly (which may include, for example, charging the correct payment amount or canceling the payment altogether).

Special Circumstance - In the event of a special circumstance, as reasonably deemed by TogetheRaise in its sole discretion, and without prejudice or precedent as to any other situation, TogetheRaise may take actions that it deems appropriate to remedy such special circumstance.

You acknowledge and agree that once you make a payment, whether a donation or a donation plus additional optional Tip, that such payment is nonrefundable.

Section 5: Accounts

In order for you to use certain portions of the TogetheRaise website and/or the Services, you may be requested to register on the website and create a user profile or account. As part of the registration process, you may be asked to submit your name and email (or other information which will be clearly disclosed where applicable).

Note that in order to participate in the Ambassador Program (which is subject to approval by TogetheRaise), you will also need to create an Ambassador Account, which may require you to submit other additional information (see Ambassador Addendum).

Security - If you register for an account to use our website and/or the Services, you agree to provide accurate account information and ensure that you maintain the accuracy of this information at all times. You also must maintain the security of your account, and promptly notify us if you discover or suspect that someone has accessed your account or your account credentials without your permission. If you permit others to use your account, you are responsible for the activities of those users.

Suspension, Termination, and Deletion – TogetheRaise may at any time and for any reason, in its sole discretion and without any liability to you or any third-party, suspend or terminate your account(s) (in their entirety or any portion thereof), your Referral Code, your Ambassador tracking information and credit, and/or your use of or access to the Services (or any portion thereof).

You understand and agree that you have no ownership rights in your account and that TogetheRaise may terminate your access to your account and/or to the Services at any time. Further, TogetheRaise may at any time, without notice, for any reason or no reason, may modify or remove your account data, including, without limitation, delete and/or obscure any or all of your registration information, transaction information, user links, and/or any other information associated with your account. TogetheRaise will not be liable for any damage or loss resulting from the removal of any such account content.

We reserve the right to cancel, suspend, reclaim, duplicate, and/or reuse site names and/or usernames for any reason, including on behalf of businesses or individuals that hold trademark rights or other legal claims in those names.

Your Cancellation - You may cancel your account at any time. Information and activity that you may have made within your account may be retained in our database after your cancellation. If you wish for your information to be removed from our database after you cancel your account (except to the extent such information is necessary for purposes of security and/or financial transaction reporting), please send your request to support@togetheraise.com.

Referral Code - As part of your account and/or use of the Services, you may be issued a code specific to your account, which will link future donations from other users to you as the source of the referral (“Referral Code”). You agree that TogetheRaise may use your Referral Code in order to connect your donation with other users’ donations, display links to other users (for example a donation tree of layered user donation stemming from specific Referral Codes and/or specific users), and track referrals for purposes of administering its Ambassador Program.

You may publish your Referral Code (or that of another user) across the web and other medium, provided that you do so in accordance with these Terms of Use. Please see the Ambassador Addendum for special terms and conditions that may apply if you have an Ambassador Account.

Personal Use Only - Unless otherwise approved in writing in advance by TogetheRaise, only natural persons are eligible to create an account on TogetheRaise. Such accounts will be in the individual’s own name. Entities such as businesses, corporations, and organizations are not eligible to create an account.

Section 6 - Ambassador Program

Please see the Ambassador Addendum for all information and terms related to the Ambassador Program.

Section 7: Charities & Campaigns

In order to effectively leverage our technology platform and community, TogetheRaise screens and limits the number and type of campaigns it promotes. TogetheRaise, in its sole discretion, selects the underlying grantees supported in the campaigns (subject to applicable rules of Make My Donation). TogetheRaise may cancel a campaign at any time and for any reason, in its sole discretion.

Users may not start or create any campaign of its own through the TogetheRaise website and/or the Services.

Users are encouraged to share feedback about past, current, or future campaigns.

Section 8: Charity & State Registrations & Disclaimers

TogetheRaise is a technology platform that supports fundraising efforts for charitable causes by connecting donors to charities.

TogetheRaise is not a nonprofit organization, registered charity, nor professional fundraiser. It does not engage nor consult on the solicitation of charitable donations on behalf of any individual, organization, or entity. It merely serves an intermediary facilitating donations between donors and charitable grantees in collaboration with Make My Donation. All donations are directly transferred to Make My Donation, which subsequently distributes the donation to the grantees specified in the campaigns. At no time will TogetheRaise take custody of any donation made (only any optional Tip amount).

Please see the disclaimers page at Make My Donation for more information with respect to its registrations, legal authorization to solicit and accept donations from you, and other disclaimers. Additionally, you are encouraged to research and review such information about the specified grantee for any campaign to which you make a donation. TogetheRaise hereby disclaims any liability or responsibility related to any and all representations made by Make My Donation, the specified grantees, or any other party regarding their own information.

Section 9: Intellectual Property and Ownership

Intellectual Property - The TogetheRaise.com website and the Services, including all content contained therein, including text, graphics, images, photographs, audio, videos, illustrations, themes, objects, stories, concepts, artwork, interfaces, logos, identifiers, referral codes, and other content or information contained therein (and any compilations of the foregoing), are owned by TogetheRaise and are protected under both United States and foreign laws. All modifications and enhancements to the TogetheRaise website and/or the Services remain the sole property of TogetheRaise.

Notwithstanding anything to the contrary, TogetheRaise may restrict your use of any such TogetheRaise content or information at any time.

Except as explicitly stated in these Terms of Use, including any addendums, all rights in and to the TogetheRaise.com website and the Services are reserved by us.

You understand and acknowledge that, by visiting the TogetheRaise.com website and/or utilizing the Services, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the TogetheRaise website or the Services.

You agree not to use any TogetheRaise owned materials and/or intellectual property except as expressly permitted under these Terms of Use or with our prior written consent.

Feedback - You may voluntarily post, submit or otherwise communicate to TogetheRaise any questions, comments, suggestions, ideas, original or creative materials, or other information (collectively, “Feedback”). You grant TogetheRaise a perpetual, irrevocable, royalty-free, license to use, reproduce, create derivative works of, sell and otherwise exploit Feedback (or any product or service created based upon such Feedback) for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Section 10: User Conduct

Any use of the TogetheRaise.com website and/or the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited.

You agree that you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with your use of the Services.

If you place or use any content (such as a TogetheRaise Referral Code) or materials from the Services on any third-party website (including without limitation, platforms, mobile applications, and/or any other electronic or non-electronic medium that may exist), such use will be at your sole risk, and TogetheRaise disclaims all liability in connection with your placement of TogetheRaise content and/or any other use of material from the Services on any such other website, platform, application, or any other medium.

You will not:

• Use or attempt to use another user’s account (including any underlying material or information, such as Referral Code related to any specific account) without authorization from that user and TogetheRaise.
• As it pertains to your use of TogetheRaise materials and/or information (including but not limited to a Referral Code), i) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, whether such actions are taken on the TogetheRaise website, or on any third-party services or entity (including but not limited to a social media platform), or ii) attempt to falsely or inappropriately generate credit, links, donations, or activity linked to any Referral Code, iii) engage in any spam and/or any other malicious activities to disseminate a Referral Code more broadly than you reasonably would be able to share such information through legitimate channels, iv) use such material and/or information in any manner other than as explicitly described and made available to you under these Terms of Use (except with prior written approval by TogetheRaise).
• Engage in any non-truthful, deceptive, harassing, threatening, intimidating, predatory, discriminatory, stalking, or otherwise unethical or illegal conduct in relation to your use of any TogetheRaise materials or information (such as a Referral Code from an Ambassador Account, regardless of whether such actions are taken on TogetheRaise website, or on any third-party services or entity, including but not limited to social media platforms).
• Use the TogetheRaise website and/or Services to i) build a competitive product or service, ii) market to TogetheRaise users, iii) communicate with TogetheRaise user for any purpose that is not directly in relation to a user’s intended participation of the TogetheRaise website and/or the Services under these Terms of Use, iv) other than for its intended purpose or in any manner that could interfere with, disrupt, negatively affect or inhibit other users or entities from properly experiencing the TogetheRaise website and/or the Services, or v) in any manner that could damage, disable, overburden, or impair the functioning of the website and/or the Services.
• Copy, reproduce, distribute, publicly perform or publicly display all or portions of the TogetheRaise website and/or the Services, except as expressly permitted by TogetheRaise in writing in advance.
• Modify or attempt to modify the TogetheRaise website and/or the Services or otherwise make any derivative works based upon the TogetheRaise website and/or the Services.
• Reverse engineer any aspect of the TogetheRaise website and/or the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the TogetheRaise website and/or the Services.
• Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from TogetheRaise website and/or the Services.
• Bypass or ignore instructions contained in our robots.txt file.
• Circumvent safeguards implementations or usage limitations or attempt to gain unauthorized access to the TogetheRaise website and/or the Services or other user accounts;
• Develop or use any products, programs, or applications that interact with the TogetheRaise website and/or the Services, without our prior written authorization,
• Use any type of bot, spider, virus, worm, counter or any other type of service or method that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage and materials, information, data, code, or anything else related to the TogetheRaise website and/or the Services.

There may be additional rules and conduct related to your participation in the Ambassador Program (see Ambassador Addendum).

Section 11: Licenses

By TogetheRaise:

TogetheRaise hereby grants to you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to:

• access and use the TogetheRaise website and the Services, solely for the intended purposes as described herein to these Terms of Use, and specifically for your personal and non-commercial use (except solely as may be provided for under a then-current Ambassador Account of yours as approved by TogetheRaise in its sole discretion); and
• use and display your Referral Code solely within the intended use of such codes as described in these Terms of Use, the Ambassador Addendum, and/or any other applicable rules and regulations of TogetheRaise (which may be updated at any time, with or without notice, for any reason whatsoever, in TogetheRaise’s sole discretion).

You agree not to license, sub-license, create derivative works from, transfer, sell or re-sell any materials and/or information obtained from the TogetheRaise website and/or the Services (including as related to any of your accounts therein).

You understand and agree that TogetheRaise, in its sole discretion, may at any time and for any reason, suspend or terminate any license hereunder, without prior notice to or any liability to you (or any third party).

By You:

You hereby grant to TogetheRaise a limited, non-exclusive license to use your personal information.

• for purposes of operating the TogetheRaise website and/or the Services pursuant to its intended use under these Terms of Use and displaying on the TogetheRaise website and the Services your name, donation amount, referral links to other users, and any other applicable personal information that you provide (unless you explicitly request to make an anonymous donation, in which case we will only use the information as provided herein, such as for financial reporting pursuant to applicable law);
• to contact you with respect to any technical, security, and/or financial issues related to your account and/or to solicit your Feedback;
• provide your information as it relates to your donation to Make My Donation and/or the specified grantee to facilitate your donation;
• process a payment, including via a third-party payment processing engine, in order to facilitate your donation; and
• pursuant to our Ambassador Program, make referral connections and calculations and process a payment to you, including via a third-party payment processing engine, in order to facilitate any payment to you.

Note that TogetheRaise does not sell or share for commercial value your personal information, except as expressly defined in these Terms of Use, the Ambassador Addendum, and/or our Privacy Policy (including with respect to the processing of financial transactions related to a donation, and reporting of such transaction to the applicable recipient).

Section 12: Disclaimers of Warranties; Assumption of Risk

Your use of the TogetheRaise website and/or the Services is at your sole risk. Except as otherwise provided in writing by TogetheRaise, our website and/or the Services and any content, materials or information therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, TogetheRaise does not represent or warrant that our website and/or the Services will be available, accurate, complete, reliable, current, or error-free. You assume the entire risk as to the quality and performance of the website and/or the Services.

In the event an applicable state or jurisdiction does not allow the disclaimer of implied warranties, such applicable portion of the foregoing disclaimers may not apply to you.

Section 13: Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOGETHERAISE, TOGETHER WITH ITS RESPECTIVE OWNERS, OFFICERS, MANAGERS, EMPLOYEES, AND AGENTS, OR ITS PARTNERS BE LIABLE WITH RESPECT TO ANY ASPECT OF THESE TERMS OF USE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) FOR ANY LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OR DAMAGE TO ANY COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE AND/OR THE SERVICES, EVEN IF TOGETHERAISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) THE USE OR THE INABILITY TO USE THE WEBSITE OR THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR DATA; (IV) CONDUCT OF ANY THIRD PARTY ON THE SITE; (V) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES; OR (VI) THE COST OF PROCURING SUBSTITUTE GOODS, TECHNOLOGY, OR SERVICES. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TOGETHERAISE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY ASPECT OR PROBLEM WITH THE WEBSITE OR THE SERVICES IS TO DISCONTINUE USE OF THE WEBSITE AND THE SERVICES AND TO TERMINATE YOUR ACCOUNT.

In the event an applicable state or jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, such applicable portion of the foregoing disclaimers may not apply to you, and the liability of TogetheRaise shall be limited to the fullest extent permitted by law.

Section 14: Release

To the fullest extent permitted by applicable law, you release TogetheRaise (including its owners, officers, managers, employees, and agents) and any applicable partner(s) of TogetheRaise from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between you, users, and us, and/or the acts or omissions of any party (including third-parties).

If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Section 15: Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless TogetheRaise, and our respective owners, officers, managers, agents, and employees (individually and collectively, as applicable) from and against any losses, liabilities, claims, demands, damages, expenses or costs arising out of or related to (a) your access to or use of the TogetheRaise website and/or the Services, (b) your use, whether within the TogetheRaise Service or in connection with any third-party website, service, platform, or medium, of any material or information provided to you as part of the TogetheRaise website and/or the Services; (c) your Feedback; or (d) your violation of these Terms of Use. You agree to promptly notify TogetheRaise of any third-party claims, cooperate with the applicable TogetheRaise parties in defending against such claims and pay all fees, costs and expenses associated with defending such claims (including attorneys' fees). You also agree that the applicable TogetheRaise party(ies) will have control of the defense and/or settlement, at TogetheRaise’s sole option, of any third-party claims.

Section 16: Modifying or Terminating these Terms of Use, Website, or the Services

We reserve the right to modify the TogetheRaise.com website, the Services, and related accounts, platforms, and/or programs or to suspend or stop providing all or portions of any of such at any time. We are not responsible for any loss or harm related to your inability to access or use our website, services, accounts, platforms, and/or programs at any time.

We may make changes to these Terms of Use from time to time. If we make material changes, we will provide you with notice of such changes, such as by sending an email, text message, providing a notice through our website and/or updating the date at the top of these Terms of Use. Unless we say otherwise in our notice, the amended Terms of Use will be effective immediately, and your continued use of our website and/or the Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms of Use, you must stop using our website and/or the Services and terminate your account(s).

Section 17: Electronic Communications

Visiting the TogetheRaise website or sending emails or other correspondences to TogetheRaise constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and through our website, satisfy any legal requirement that such communications be in writing.

Section 18: Geographic Restrictions

The owner of the TogetheRaise website is based in the United States of America. We generally market and provide this website for use by persons located in the United States. We make no claims that the website or any of its content is accessible or appropriate outside of the United States. Access to the website may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Section 19: Copyright

We may display images, audios, and videos on the TogetheRaise website which are either owned or licensed by TogetheRaise, material not subject to copyright, or which we believe to be covered by the Fair Use Doctrine. However, if we publish or are hosting any content that you think infringes your copyright, please contact us and we will address your concerns. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will remove any and all content if properly notified that such content infringes on a party’s intellectual property rights. If you have corresponded with TogetheRaise directly, and thereafter choose to pursue a copyright notice, please note that we will respond only to notices of alleged infringement that comply with the DMCA. The text of the Act can be found at the U.S. Copyright Office’s website. Please note that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that any material on the TogetheRaise website infringes your copyrights.

Section 20: General

• Entire Agreement. These Terms of Use (including any incorporated addendums and/or policies) represent the entire agreement between you and TogetheRaise relating to the subject matter hereof (including your use of the TogetheRaise Website and/or the Services) and supersede all prior agreements, representations, statements, and understandings of the parties.
• No Waiver. The failure of TogetheRaise to exercise or enforce any right or provision of these Terms of Use will not serve or be construed as a waiver of that right or provision.
• Severability. If any provision or part of a provision of these Terms of Use is found to be unlawful, void or unenforceable, that provision or part of the provision: i) is deemed severable from these Terms of Use and in its stead will be construed in a manner consistent with applicable laws to reflect the original intentions, as nearly as possible, and ii) does not affect the validity and enforceability of any remaining provisions.
• Section Titles. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Any references to “including” will be deemed to mean “including without limitation.”
• Beneficiaries. Except as otherwise provided herein, these Terms of Use (including any use of the Services described herein) is intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
• Force Majeure. Without limiting any provision of these Terms of Use, TogetheRaise will not be liable for any delay or failure of the website and/or the Services to the extent caused by circumstances beyond its reasonable control.
• Notices. You agree that communications and transactions between you and TogetheRaise may be conducted electronically. All notices given by you shall be in writing and addressed to legal@togetheraise.com.
• Assignment. TogetheRaise may assign these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent, including pursuant to a merger or acquisition. You may not assign these Terms of Use without TogetheRaise’s prior written consent. Any unauthorized assignment by you shall be null and void.
• Relationship of Parties. No joint venture, partnership, employment, or agency relationship exists between you and TogetheRaise as a result of these Terms of Use and/ or your use of the TogetheRaise website and/or the Services.
• Attorneys' Fees. In the event litigation is brought by a party in connection with these Terms Of Use, the prevailing party in such litigation shall be entitled to recover from the other party its reasonable costs, attorneys' fees and other expenses incurred by such prevailing party as part of the litigation.
• Equitable Remedies. You agree that irreparable harm may occur in the event you breach these Terms of Use and that money damages may at times be an inadequate remedy for such breach because of the difficulty of ascertaining and quantifying the amount of damage that will be suffered by TogetheRaise in the event of such breach. It is accordingly hereby agreed that the TogetheRaise may be entitled to an injunction or injunctions to restrain, enjoin and prevent breaches of these Terms of Use by you and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, such remedy being in addition to and not in lieu of, any other rights and remedies to which it is entitled to at law or in equity.
• Links to and Your Use of Other Websites. The TogetheRaise website may contain links to websites that are not operated by or under the control of TogetheRaise. TogetheRaise is not responsible for the content and/or your experience on such other websites, and your use of them is at your own risk. TogetheRaise disclaims all liability in connection with visits to and/or using of such other websites.
• Governing Law and Jurisdiction. Any dispute arising from these Terms of Use and/or your use of the TogetheRaise website and/or the Services will be governed by and construed and enforced in accordance with the laws of State of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not arbitrated pursuant to following section or cannot be heard in small claims court will be resolved in the state or federal courts of the County of San Francisco, State of California.
• At TogetheRaise’s sole discretion, it may require you to submit any disputes arising from these Terms of Use, the Ambassador Addendum, or use of the Site or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
• Taxes. By participating in the Ambassador Program, you assume sole responsibility for any taxes owed, and you agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation.

If you have any questions about these Terms of Use please contact us at: support@togetheraise.com.