RaiseVolume, LLC
Terms of Use Agreement
This Agreement is revised on October 9, 2022.
Welcome to www.raisevolume.com , the global resource website and online service of RaiseVolume, LLC. (“RaiseVolume” “we,” or “us”). This page explains the terms by which you may use our service. By accessing or using the RaiseVolume services, website and software provided through or in connection with the service (“Service”), you acknowledge that you have read, understood, and agreed to be bound by this Terms of Use Agreement (“Agreement”) of www.raisevolume.com (RaiseVolume, LLC), whether or not you are a registered user of our Service.
We reserve the right to amend this Agreement at any time and without notice. Any updated amended Agreement on this page will be posted at the top of the page the date the Agreement including date last revised. Your continuous use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you shall find it reluctant to agree to any of these terms or any future Terms of Use, please exclude yourself (as ‘user’) from using or accessing (or continue to access) the Service.
Use of Our Service
RaiseVolume, LLC provides a place for the community to embrace, network, communicate, support and encourage any creation of intent production. All visitors or any visitor to www.raisevolume.com, whether registered or not, are defined as “user(s).” If you register with RaiseVolume, you become a “Member” and gain access to certain features, including the ability to post certain information about your project (a “Project” and “Project Posting”) on the Service and interact with other Members about your Project.
RaiseVolume does not acquire a mandatory registration for your project browsing.
RaiseVolume grants you permission, ONLY upon member registration, to use the Service as set forth in this Agreement, provided that:
(i) you will not copy, distribute, or disclose any part of the Service in any medium;
(ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use
the Service for its intended purpose; and
(iii) you will otherwise comply with the terms and conditions of this Agreement.
Registered member also granted access including posting, following, or contributing to a Project, and any future added features for site enhancement (which will be updated providing it does not violate RaiseVolume operational purposes).
RaiseVolume has the sole ability to update, maintain or any action to member account in order to provide a better and more scalable service.
Registered members, (you as singular or plural) are solely responsible for the information that you provide for browsing the project information or creating and submitting a project. RaiseVolume will not be responsible and liable to conduct any background checking on your information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify RaiseVolume, LLC immediately of any breach of security or unauthorized use of your account. RaiseVolume will not be liable for any losses caused by any unauthorized use of your account, intentionally or unintentionally, and members are warned to secure they account information and never disclose to others for unauthorized access or use.
You may use your Settings to control your Member Profile and how other Members communicate with you. By providing RaiseVolume your email address, you consent to RaiseVolume using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers, etc.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” “automatic mail spamming” etc., that accesses the Service in a manner that sends more request messages to the RaiseVolume server(s) than a bystander human can reasonably conduct in the same period of time by using a conventional on-line web browser or any form of local setting other than those with automatic setting as mentioned above. You agree not to collect or harvest any personally identifiable information, including account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes.
RaiseVolume may permanently or temporarily terminate, suspend, or otherwise refuse to grant your access to the Service without notice and liability, if, in RaiseVolume’s sole determination, you violate any of the Agreement, including the following prohibited actions:
(i) attempting to interfere with, compromise the system integrity or security or decipher any
transmissions to or from the servers running the Service;
(ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or
disproportionately large load on our infrastructure;
(iii) uploading invalid data, viruses, worms, or other software agents through the Service;
(iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity,
conducting fraud, hiding or attempting to hide your identity;
(v) interfering with the proper working of the Service; or,
(vi) bypassing the measures we may use to prevent or restrict access to the Service. Upon termination for any reason, you continue to be bound by this Agreement.
You may not use the Service for activities that: (i) violate any law, statute, ordinance or regulation; (ii) relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in any illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law; (iii) relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are by payment processors to collect payments on behalf of merchants, (e), are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing,or (f) provide certain credit repair or debt settlement services; (iv) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent; (v) violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices; (vi) involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from RaiseVolume and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
Posting a Project
RaiseVolume may provide you the opportunity to post your Project on www.raisevolume.com to showcase and share certain information about the Project and elicit feedback and financial contributions from other Members. Your Project Posting is User Content (as defined below), and is subject to all terms and conditions relating to User Content in this Agreement. It is a breach of this Agreement to post a false or misleading Project or to post false or misleading information in your Project Profile. Members who post Projects are sometimes referred to in this Agreement as “PROJECT OWNERS” or “Project Owner”, or “project owner”, or in any of such format.
Project Fundraising
RaiseVolume may provide you the opportunity to raise the volume of fund for your Project by soliciting financial contributions to support the Project from Members (“Contributors”). The rules governing fundraising for your Project (the “Fundraising Rules”) are as follows:
1. The first step in launching a fundraising campaign using the Service is to create a project profile page and post a “Funding Request.” To post a Funding Request, set your goal for the total Contributions you wish to raise during your current project (“Project Goal”) and the date in a designated cycle, e.g. , i) for ten day (10 days), by which you’d like to raise the funds (“Project Deadline“) on your Project Profile page.
2. You will be required to designate the legal entity to which funds will be directed (the “Project Entity”). By providing the name of your Project Entity to RaiseVolume, you represent and warrant that you are an authorized representative of the Project Entity with the authority to bind the Project Entity to the terms of this Agreement, that the Project Entity is the legal entity responsible for the Project and accountable for the use of any funds raised for it on RaiseVolume, and that you accept this Agreement on the Project Entity’s behalf.
3. To receive Contributions, your Project Entity must establish an account (a “Funding Account”) with the payment processor designated by RaiseVolume at the Funding Account will be governed by your agreement with the Processor, and that RaiseVolume shall have no liability for your Funding Account or your transactions or interactions with the Processor.
4. All Contributions made to a Project will be directed to the Project Owner’s Funding Account, less a e.g. 6% (or rate governed by law) marketplace processing fee retained by RaiseVolume, payment processor fee, and other necessary fees through the intermediary. All Contributions paid to a Project Entity will constitute “Project Funding,” and the RaiseVolume fee and all other Project Funding requirements will apply. RaiseVolume is not responsible for any error or omission in the Funding Account information you provide. Unless automated by the Processor, Project Funding less 3rd party processing fees will be disbursed from the Funding Account to the Project Entity’s bank account according to the Project’s disbursement details (set in the Funding section of the Project Profile). All necessary fund transfers will be initiated within number of business days agreed by transaction agency of the project end date. It can then take up to 5 or more business days, or processing time defined by the intermediary, for the disbursed funds to arrive in your account.
5. When you reach your Project Deadline, your Funding Request will be automatically closed and no more Contributions will be accepted for your Project. You may make a new Funding Request any time after the end of your last Funding Request closes.
6. If your Project receives Project Funding by using RaiseVolume’s platform and tools (including without limitation Project Funding paid into your Finding Account), you agree to acknowledge RaiseVolume by including the RaiseVolume logo in the “Special Thanks” section of the credits/acknowledgement section of your completed project as follows: using either the black or white RaiseVolume logo available in the Press section of RaiseVolume, the logo should appear on its own line (i.e., no other text or images on the left or right), sized so that the “RaiseVolume” lettering in the logo is at least three times the size of the credits’ normal text.
7. You may offer non-monetary rewards for Contributions (“Perks”), provided that the offering of such Perks is lawful under all applicable laws, including without limitation state and federal securities laws, and otherwise complies with the terms and conditions of this Agreement.
Any Project Funding payments may be subjected to verification of the identity of you and the Project Entity, the use of funds, and the timeline of the project. The verification procedure may involve an interview and/or document review if deemed necessary and may vary from time to time in our sole discretion. You and the Project Entity agree that Project Funding may only be used on behalf of the Project, and that Project Funding will not be used for any other purpose. You agree that if at any time during while a Funding Request is open or within thirty (30) days of the close of a Funding Request, RaiseVolume makes a good faith determination that the identity of you or the Project Entity or the timeline of the Project are not as identified in the Project Posting, or that the Project Funding has not been used solely on behalf of the Project, you will promptly refund the entire amount of Project Funding from such Funding Request to the Contributors. We may change the Fundraising Rules at any time upon with or without notice to you. If you do not accept a change we make to the Fundraising Rules, your sole remedy shall be to terminate your Project Posting.
You shall have full responsibility for applicable taxes for all Project Funding paid to you under this Agreement, and for compliance with all applicable labor and employment requirements with respect to your self-employment, sole proprietorship or any other form of business organization, and with respect to your employees and contractors, including state worker’s compensation insurance coverage requirements and any U.S. immigration visa requirements, or your local jurisdiction’s immigration requirement. You agree to indemnify, defend and hold RaiseVolume harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on RaiseVolume by the relevant taxing authorities with respect to any Project Funding paid to you.
RaiseVolume makes no guarantee regarding the number or amount of Contributions, or the amount of any Project Funding payment to be made to you or the Project Entity under this Agreement.
Contributing to Projects
RaiseVolume may provide you the opportunity to make Contributions to Project Postings on the Service. You may contribute to any Project with an open Funding Request in any amount you choose. You may contribute to as many Projects as you like.
It is solely your choice to contribute to a Project. You understand that making a Contribution to a Project does not give you any rights in or to that Project, including without limitation of any ownership, control, or distribution rights, and that the Project Entity shall be free to solicit other funding for the Project, enter into contracts for the Project, allocate rights in or to the Project, and otherwise direct the Project in its sole discretion. You further understand that nothing in this Agreement or otherwise limits RaiseVolume’s right to enter into agreements or business relationships relating to Projects. RaiseVolume does not guarantee that any Project’s Goal will be satisfied. Any Perks offered to you are between you and the Project Entity (from project owner(s)) only, and RaiseVolume does not guarantee that Perks will be delivered or satisfactory to you. RaiseVolume does not warrant the use of any Project Funding or the outcome of any Project. That RaiseVolume solely provide a bridging platform between contributor(s) and project owner(s) in the event of raising fund on the agreed project(s), and take no responsibility or liability of any such.
Contributions to Projects are nonrefundable. Under certain circumstances RaiseVolume may, but is under no obligation to, seek the refund of Project Funding if the Project Entity misrepresents the Project or misuses the funds. You acknowledge and agree that all your Contributions are between you, the Project Entity, and the Processor only, and that RaiseVolume is not responsible for Contribution transactions, including without limitation any personal or payment information you provide to the Processor.
** Examples of tax information:
Gift – if funds are treated as a gift, then they would not be taxable to the project owner, but could be to the gift giver if over the threshold for a non-taxable gift. (Please check against your current yearly threshold from www.irs.gov)
Sales Tax – the project owner would be responsible for collecting and sending sales tax funds for intrastate transactions to the appropriate taxing authority, while interstate and foreign sales would or would not be subject to sales tax in their own states.
Taxable Income – If funds are income, project owners are obligated to report them as such to the IRS, although taxes owed can be offset with business expenses.
All in all, RaiseVolume makes no representations regarding the deductibility of any Contribution for tax purposes. Please consult your tax advisor for more information.
User Content
Some areas of the Service may allow Users to post feedback, comments, questions, and other information. Any such postings, together with Project Postings, constitute “User Content.” You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You must be the owner of all the Intellectual Property Rights (as defined below) in the User Content you post, or have explicit permission from the owner(s) of all such rights to post the User Content on RaiseVolume.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You agree NOT to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy. RaiseVolume reserves the right, but is not obligated, to reject and/or remove any User Content that RaiseVolume believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright, the Writer’s Guild of America, or any other rights organization.
RaiseVolume takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. RaiseVolume is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that RaiseVolume shall not be liable for any damages you allege to incur as a result of such User Content.
You are solely responsible for your interactions with other RaiseVolume Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
License Grant
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to RaiseVolume a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. RaiseVolume reserves all rights not expressly granted herein in the Service and the RaiseVolume Content (as defined below). RaiseVolume may terminate this license at any time for any reason or no reason.
Assignment of Project-Related User Content
All User Content posted to a Project (“Project Feedback”) shall be the sole and exclusive property of the Content Creator (also as Project Owner) that posted that Project. You hereby assign to the Content Creator, or its designee, all your right, title and interest throughout the world in and to any and all Project Feedback you post to that Content Creator’s Project. You hereby waive and irrevocably quitclaim to the Content Creator or its designee and RaiseVolume any and all claims, of any nature whatsoever, that you now have or may hereafter have for infringement of any and all Project Feedback you post to that Content Creator’s Project. If you post a Project, you acknowledge and agree that RaiseVolume cannot take responsibility for your use of Project Feedback and you use Project Feedback at your own risk. You hereby agree to indemnify, defend and hold RaiseVolume harmless from any liability arising from or relating to your use of Project Feedback.
Use of Widgets
RaiseVolume may give you the opportunity to post a “widget,” or code that creates a RaiseVolume graphic and a link to the Site, on your personal blog, social network profile, or other locations on the Internet. You agree that your use of RaiseVolume widgets is subject to this Agreement, that you will not post any RaiseVolume widget on a web page containing content that is prohibited under the “User Content” section of this Agreement, and that you will remove all RaiseVolume widgets immediately upon termination of this Agreement.
Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “RaiseVolume Content”), and all Intellectual Property Rights related thereto, are the exclusive property of RaiseVolume and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the RaiseVolume Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
Eligibility
This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. RaiseVolume may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. If you are under 18 years of age you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Privacy
We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.
Security
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
DMCA Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify RaiseVolume’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit RaiseVolume to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Company: RaiseVolume, LLC.
Email: copyright@RaiseVolume.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying RaiseVolume and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with RaiseVolume’s rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, RaiseVolume has adopted a policy of terminating, in appropriate circumstances and at RaiseVolume’s sole discretion, members who are deemed to be repeat infringers. RaiseVolume may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Additional Representations and Warranties
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
a. You are at least 18 years of age, and that if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
b. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
c. Your User Content and RaiseVolume’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
Third-Party Websites, Advertisers or Services
RaiseVolume may contain links to third-party websites, advertisers, or services that are not owned or controlled by RaiseVolume. RaiseVolume has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from RaiseVolume, you do so at your own risk, and you understand that this Agreement and RaiseVolume’s Privacy Policy do not apply to your use of such sites. You expressly relieve RaiseVolume from any and all liability arising from your use of any third-party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on RaiseVolume, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that RaiseVolume shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
Indemnity
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD RAISEVOLUME,LLC. HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST RAISEVOLUME,LLC. ARISING OUT OF YOUR USE OF THE SERVICE OR SOFTWARE.
No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, RAISEVOLUME, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
RAISEVOLUME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE RAISEVOLUME SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RAISEVOLUME WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
IN NO EVENT SHALL RAISEVOLUME,LLC, THE COMPANY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, PUNITIVE, INDIRECT, EXEMPLARY, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH THE SERVICE, OR ANY INFORMATION, SERVICES, OR GOODS PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICE, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE TOTAL LIABILITY OF THE COMPANY TO THE USER OR ANY THIRD PARTY UNDER THIS TERMS OF USE AGREEMENT FOR ANY CLAIM IS LIMITED TO THE NET AMOUNT OF FEES RECEIVED AND RECOGNIZED TOGETHER FROM THE CUSTOMER’S VALID PAYMENT TRANSACTIONS DURING THE THREE MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. Furthermore, the Company shall not be held liable for any failure to perform its obligations under preclusive circumstances that are beyond the reasonable control of the Company.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RaiseVolume without restriction.
General
A. Governing Law. This Agreement shall be governed by the laws of the state of California. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in San Francisco County, California, and application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You hereby agree to waive any right you may have to trial by jury in any such dispute, proceeding or action. Furthermore, this Agreement supersedes any and all prior communications, proposals, agreements, negotiations, and discussions regarding the matters described hereof, whether written or oral. You agree that you cannot transfer assign, or sublicense this Agreement to anyone without the consent of the Company. Any stipulation contained within this Agreement that is found to be unenforceable or invalid will be struck, and all other stipulations will remain in effect and continue to be fully enforceable.
B. Notification Procedures. RaiseVolume may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by RaiseVolume in our sole discretion. RaiseVolume reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
C. Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by RaiseVolume via the Service, shall constitute the entire agreement between you and RaiseVolume concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
D. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and RaiseVolume’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at info@RaiseVolume.com with any questions regarding this Agreement.