Effective date: May 6, 2019
Please note: Section 13 of these Terms contains an arbitration clause and class action waiver that applies to all Users (as defined below). If you reside in the United States, this provision applies to all disputes with RaiseMe. If you reside outside of the United States, this provision applies to any action you bring against RaiseMe in the United States. It affects how disputes with RaiseMe are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at firstname.lastname@example.org.
2.Scope of Services
2.1 If you choose to use the Services as a User, your relationship with RaiseMe is limited to being an independent user, and not an employee, agent, joint venturer or partner of RaiseMe for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of RaiseMe.
2.2 The Site may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. RaiseMe is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by RaiseMe of such Third-Party Services. Your interactions with third-party organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that RaiseMe shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
2.3 Due to the nature of the Internet, RaiseMe cannot guarantee the continuous and uninterrupted availability and accessibility of the Site or the related Services. RaiseMe may restrict the availability of the Services or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Site or the Services. RaiseMe may improve, enhance and modify the Services and introduce new Services from time to time.
3.Eligibility, Using the Site, User Verification
3.1 In most states, you must be at least 18 years old and able to enter into legally binding contracts to accept and agree to these Terms. If you are not of legal age to form a binding contract, then you must have your parent or guardian read these terms and agree to them for you before you use RaiseMe or provide any information to us. Please review this agreement with your parent or guardian so that you both understand what restrictions apply to your use of our websites and services.
3.2 If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).
3.3 RaiseMe may make the access to and use of the Services, or certain areas or features of the Services, subject to certain conditions or requirements, such as completing a registration process or meeting specific quality or eligibility criteria. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not register with an email address or phone number that you don't have the right to use, or another person's email address or phone number with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
4. How it Works
4.1 Connecting with Users: Educators may only connect with Students from the schools or organizations that such Educators serve, and may connect with an individual Student only with that Student's permission. Educators may also connect with Colleges and Sponsors via the Services. Students may only connect with Educators from their own schools and organizations, and may connect with an individual Educator only with that Educator's permission. Students may elect to follow Sponsors via the Services. Sponsors may only view the profiles of Students who elect to follow them. Permissions to connect may be modified through the "My Connections" and "Account Settings" sections of your account.
4.2 Qualifying for Micro-Scholarships: Students can earn Micro-Scholarships based on the courses and achievements they add to their profiles while they are in high school. Students may only be awarded Micro-Scholarships from Colleges and Sponsors that they follow before the applicable College's and/or Sponsor's "Follow Deadline" for their class year, which is a date set by each College and Sponsor and stated on such College's or Sponsor's page on the Services. Once a College's or Sponsor's Follow Deadline has passed, Students who are seniors in high school may not continue to earn Micro-Scholarships from such College or Sponsor. Micro-Scholarships can be awarded retroactively for Students' previous accomplishments, if expressly stated by a College or Sponsor. Retroactive cases could include, by way of example, when a Student adds an achievement accomplished in the past. Select Micro-Scholarships may only be awarded to a finite number of Students, as stated in the College's or Sponsor's award criteria. Certain Micro-Scholarships may have eligibility requirements that are based on a Student's grade point average ("GPA"). RaiseMe calculates a Student's GPA as displayed on the following page: help.raise.me/article/34-how-is-my-gpa-calculated-on-raise-me. RaiseMe reserves the right to verify any Student's accomplishments. Any information found to be false or misleading may disqualify that Student from all Micro-Scholarships. In addition, the Colleges and/or Sponsors that have awarded Micro-Scholarships to that Student may be notified of that Student's disqualification.
4.3 Applying to College: Students’ RaiseMe profiles do not take the place of any college entrance application, nor do they guarantee Students admittance to any college. RaiseMe does not make any guarantees, representations, or promises that the Services or any Micro-Scholarships will assist you in getting admitted into college, except that the use of the RaiseMe platform shall not reduce the likelihood of acceptance through a College Partner’s admissions process.
4.4 Redeeming Micro-Scholarships:
Unless otherwise stated by any College or Sponsor, Students have one year from the date of high school graduation to begin redemption of their Micro-Scholarships, unless otherwise specified by the College as part of their Eligibility Criteria. To be eligible to redeem your Micro-Scholarships with the College you ultimately attend, you must follow that College before its Follow Deadline for your class year (as set by the College and stated on the College's page on the Services) and ensure your profile is complete (meaning your personal information is correct and you have submitted at least fifteen (15) course credits worth of grades, unless otherwise stated by the applicable College). If you have indicated that you are a Senior in high school, RaiseMe will automatically submit your profile to each College that you are following by the College's Follow Deadline if your profile is complete as defined by the College's minimum course credit requirement. Each College has a different Follow Deadline for your class year. If you do not follow a College before such Follow Deadline, the Micro-Scholarships earned on RaiseMe will not be included in your financial aid package from that College.
If you follow a College before its Follow Deadline, meet all of the College's eligibility requirements, including having a complete profile, apply before the College's required deadline and are accepted to such College, your applicable Micro-Scholarship earnings will be included in your financial aid package from such College. The Micro-Scholarships you earn on RaiseMe for each particular College represent a minimum amount of scholarship or grant aid that the College is willing to include in your financial aid package if you are admitted to and attend that College. If you receive an even larger scholarship or grant upon admission (based on your college application or FAFSA), then that scholarship or grant will include or replace the Micro-Scholarships you have earned on RaiseMe, at the College’s sole discretion. Colleges or Sponsors may disburse Micro-Scholarships as part of, or separate from, any financial aid package.
Each College or Sponsor controls the method through which it disburses Micro-Scholarships and RaiseMe is not responsible for any disputes between a Sponsor and/or College, and a Student regarding disbursement. Colleges and/or Sponsors may suspend a Student's redemption of Micro-Scholarships if the Student is not enrolled full-time or does not maintain compliance with other institutional criteria (found on the College's profile page). Micro-Scholarships from Colleges or Sponsors may be contingent on the Student's maintaining a minimum grade point average ("GPA"). A Student will lose such Micro-Scholarships for the period during which his or her GPA falls below the minimum requirement. Such Student's Micro-Scholarships may be restored when his or her GPA rises back above the minimum; however, the Student will not be reimbursed for the portion of Micro-Scholarships lost while the Student's GPA was below the minimum requirement.
Micro-Scholarships are split evenly across the Student's first four years of attendance at the redeeming College, unless the College or Sponsor expressly states otherwise. If the Student completes undergraduate education in increments other than four years, it is at the College's or Sponsor's sole discretion to determine how the tuition reduction will be applied per year.
The fulfillment of each Micro-Scholarship is the sole responsibility of the College or Sponsor awarding such Micro-Scholarship(s). RaiseMe is not and will not be responsible for the fulfillment of any Micro-Scholarship(s). Students can only redeem Micro-Scholarships from a College if they are admitted to, enroll at, and attend that particular school. Micro-Scholarships are remitted as a reduction to that Student's full tuition bill. Colleges and Sponsors must honor all Micro-Scholarship commitments made to Students on RaiseMe, provided such Students are admitted to, enroll at, and attend the applicable College.
4.5 Transfer Students: Micro-Scholarships can be redeemed by transfer students unless a Sponsor expressly states otherwise on the Services. If a Student transfers to a College where he or she has received Micro-Scholarships, the awarding College shall honor the corresponding proportion of Micro-Scholarships based on a four-year undergraduate program, unless otherwise expressly stated by the College on the RaiseMe platform.
5.Modification of These Terms
5.1 RaiseMe reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Site. If the changes are substantial, we will place a notice on the Site, send you an email, or communicate the updated Terms in some other manner. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect and discontinue your use of the Site and the Services. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Site will constitute acceptance of the revised Terms.
5.2 Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
6.2 If you are a Sponsor or an Educator, you may receive certain student user data in connection with using the Services for the Intended Purpose. By continuing to use the Site and Services, you consent to RaiseMe’s Data Processing Agreement, pursuant to which you will be deemed a data “Processor” for the purposes of applicable privacy and data protection regulations, including the General Data Protection Regulation applicable to European Economic Area data subjects. A copy of RaiseMe’s Data Processing Agreement is available here, and is included as an Exhibit to the Master Partnership Agreement (or, in certain instances, a Master Partnership Renewal Agreement) to which you are subject.
6.3 The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the RaiseMe Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com.
7.1 RaiseMe may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Site ("User Content"); and (ii) access and view content that RaiseMe itself makes available on or through the Site, including proprietary Content and any content licensed or authorized for use by or through RaiseMe from a third party ("Content" and together with User Content, "Collective Content").
7.2 The Site, Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Site and Content, including all associated intellectual property rights, are the exclusive property of RaiseMe and/or its licensors or authorized third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of RaiseMe used on or in connection with the Site and Content are trademarks or registered trademarks of RaiseMe in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
7.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms or in any other agreement entered into between you and RaiseMe. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by RaiseMe or its licensors, except for the licenses and rights expressly granted in these Terms.
7.4 Subject to your compliance with these Terms, RaiseMe grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Site or any RaiseMe application relating thereto on your personal device(s); and (ii) access and view any Collective Content made available on or through the Site and accessible to you, solely for your personal and non-commercial use.
7.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Site, you grant to RaiseMe a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise make full use of in any manner such User Content to provide and/or promote the Services and the Site, in any media or platform. Unless you provide specific consent, RaiseMe does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.
7.6 You are solely responsible for all User Content that you make available on or through the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Site or you have all rights, licenses, consents and releases that are necessary to grant to RaiseMe the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or RaiseMe's use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
7.7 You will not post, upload, publish, submit or transmit any User Content that, in RaiseMe’s sole and absolute discretion: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any other RaiseMe policy. RaiseMe may, without prior notice, remove or disable access to any User Content that RaiseMe finds to be in violation of these Terms, or otherwise may be harmful or objectionable to RaiseMe, its Users, third parties, or property.
7.8 RaiseMe respects copyright law and expects its Users to do the same. If you believe that any content on the Site infringes copyrights you own, please notify us at firstname.lastname@example.org.
8. Prohibited Activities
8.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site and the Services. In connection with your use of the Site and the Services, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
- use the Services or the Site for any purpose other than the Intended Purpose;
- use the Services, the Site or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies RaiseMe endorsement, partnership or otherwise misleads others as to your affiliation with RaiseMe;
- copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Site in any way that is inconsistent with these Terms or that otherwise violates the privacy rights of Users or third parties;
- use the Services or the Site in connection with the distribution of unsolicited commercial messages ("spam");
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
- use, display, mirror or frame the Site or Collective Content, or any individual element within the Site, RaiseMe's name, any RaiseMe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, without RaiseMe's express written consent;
- dilute, tarnish or otherwise harm the RaiseMe brand in any way, including through unauthorized use of Collective Content, registering and/or using RaiseMe or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to RaiseMe domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Site for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by RaiseMe or any of RaiseMe's providers or any other third party to protect the Services or the Site;
- run Maillist, Listserv, any form of auto-responder or "spam" on the Site or the Services, or any processes that run or are activated while you are not logged into the Site or the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Site’s infrastructure);
- copy or store any significant portion of the Content;
- use the Site or the Services in a manner unrelated or disruptive to the Services;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or the Site;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Services or the Site;
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
8.2 You acknowledge that RaiseMe has no obligation to monitor the access to or use of the Site by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist RaiseMe in good faith, and to provide RaiseMe with such information and take such actions as may be reasonably requested by RaiseMe with respect to any investigation undertaken by RaiseMe or a representative of RaiseMe regarding the use or abuse of the Site.
8.3 If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to RaiseMe by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
9.Term and Termination, Suspension and other Measures
9.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time as you or RaiseMe terminate the Agreement in accordance with this provision.
9.2 You may terminate this Agreement at any time by contacting us and providing notice of your intent to terminate.
9.3 Without limiting our rights specified below, RaiseMe may terminate this Agreement for any reason at any time, with or without cause, by giving you thirty (30) days' notice via email to your registered email address.
9.4 RaiseMe may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) RaiseMe believes in good faith that such action is reasonably necessary to protect the personal safety or property of RaiseMe, its Users, or third parties (for example in the case of fraudulent behavior of a User).
9.5 In addition, RaiseMe may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body; (ii) if you have breached these Terms, applicable laws, regulations, or third party rights; (iii) if you have provided inaccurate, fraudulent, outdated or incomplete information during the RaiseMe account registration or thereafter; (iv) if RaiseMe believes in good faith that such action is reasonably necessary to protect the personal safety or property of RaiseMe, its Users, or third parties, or to prevent fraud or other illegal activity; (v) for any other bona fide reason determined by RaiseMe in a good faith exercise of its reasonable business judgment:
- limit your access to or use of the Site;
- temporarily or permanently revoke any special status associated with your RaiseMe account; or
- temporarily or in case of severe or repeated offenses permanently suspend your RaiseMe account.
9.6 When this Agreement has been terminated, you are not entitled to a restoration of your RaiseMe account or any of your User Content. If your access to or use of the Site has been limited or your RaiseMe account has been suspended or this Agreement has been terminated by us, you may not register a new RaiseMe account or access and use the Site through a RaiseMe account of another User.
9.7 If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
10.Disclaimer of Warranties
10.1 If you choose to use the Services, Site or Collective Content, you do so voluntarily and at your sole risk. The Site and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
10.2 You agree that you have had whatever opportunity you deem necessary to investigate the Services, laws, rules, or regulations that may be applicable to your use of the Services and the Site and that you are not relying upon any statement of law or fact made by RaiseMe relating to such use.
10.3 All Content and Collective Content posted on or available through the Site is provided for informational purposes only. It is not intended to be, and should not be relied upon as, legal, financial or investment advice. Users of the site seeking legal, financial or investment advice should consult with a licensed attorney, financial planner or investment advisor, respectively.
10.4The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
11.Limitation of Liability
11.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services, Site and Collective Content, your publishing or viewing of any content via the Site or any other interaction you have with other Users whether in person or online remains with you. Neither RaiseMe nor any other party involved in creating, producing, or delivering the Services, Site or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Services, Site or Collective Content, or (iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Services or the Site, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not RaiseMe has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will RaiseMe’s aggregate liability arising out of or in connection with these Terms and your use of the Services or the Site, or from the use of or inability to use the Services, Site or Collective Content and in connection therewith, exceed one thousand U.S. dollars (US$1,000) The limitations of damages set forth above are fundamental elements of the basis of the bargain between RaiseMe and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
11.2 RaiseMe shall not be responsible for any higher education decisions, for whatever reason made, made by Users of the Services or by third parties by virtue of any User’s use of the Services. RaiseMe cannot guarantee and does not promise any specific results from use of the Services. No advice or information, whether oral or written, obtained by a User from RaiseMe or through or from the Services shall create any warranty not expressly stated herein.
11.3 If there is a dispute between participants on the Site, or between Users and any third party, you agree that RaiseMe is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you release RaiseMe, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do 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 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."
12.1 You agree to release, defend (at RaiseMe’s option), indemnify, and hold RaiseMe and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the Site or any Services, (iii) your interaction with any User, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or use, or (iv) your breach of any laws, regulations or third party rights.
13. Dispute Resolution and Arbitration Agreement
13.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against RaiseMe in the United States (to the extent not in conflict with Sections 11 or 12).
13.2 Overview of Dispute Resolution Process. RaiseMe is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 13.1 applies: (1) an informal negotiation directly with RaiseMe’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 13). Specifically, the process provides:
- Claims can be filed with AAA online (www.adr.org);
- Arbitrators must be neutral and no party may unilaterally select an arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
13.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and RaiseMe each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact RaiseMe’s customer service team by emailing us at the contact addresses provided on the Site. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
13.4 AGREEMENT TO ARBITRATE. YOU AND RAISEME MUTUALLY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT OR INTERPRETATION THEREOF, OR TO THE USE OF THE SITE, ANY RAISEME SERVICE OR THE COLLECTIVE CONTENT (COLLECTIVELY, “DISPUTES”) WILL BE SETTLED BY BINDING ARBITRATION (THE “ARBITRATION AGREEMENT”). IF THERE IS A DISPUTE ABOUT WHETHER THIS ARBITRATION AGREEMENT CAN BE ENFORCED OR APPLIES TO OUR DISPUTE, YOU AND RAISEME AGREE THAT THE ARBITRATOR WILL DECIDE THAT ISSUE.
13.5 Exceptions to Arbitration Agreement. You and RaiseMe each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
13.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
13.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, RaiseMe agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and RaiseMe both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
13.8 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
13.9 JURY TRIAL WAIVER. YOU AND RAISEME ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AS TO ALL ARBITRABLE DISPUTES.
13.10 NO CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS. YOU AND RAISEME ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AS TO ALL DISPUTES. FURTHER, UNLESS YOU AND RAISEME BOTH OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. IF THIS PARAGRAPH IS HELD UNENFORCEABLE WITH RESPECT TO ANY DISPUTE, THEN THE ENTIRETY OF THE ARBITRATION AGREEMENT WILL BE DEEMED VOID WITH RESPECT TO SUCH DISPUTE.
13.11 Severability. Except as provided in Section 13.10, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
13.12 Changes. Notwithstanding the provisions of Section 5 (“Modification of These Terms”), if RaiseMe changes this Section 13 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and RaiseMe in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
13.13 Survival. Except as provided in Section 13.10, this Section 13 will survive any termination of these Terms and will continue to apply even if you stop using the Site or terminate your RaiseMe account.
14.1 We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site or the Services (“Feedback”). You may submit Feedback by emailing us, through the "Contact" section of the Site, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
15. SMS Text Messaging Terms
15.1 In connection with using the Site and the Services, you may have the opportunity to consent to receive SMS text messages from RaiseMe, Sponsors, Educators and/or other Students and Users. If and when you opt-in to receive SMS messages from RaiseMe, we will send you an SMS message to confirm your signup.
15.2 You can cancel SMS text messaging service at any time. Just text “STOP” to 833-334-9005. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. If you want to join again, text "UNSTOP" and we will start sending messages to you again.
15.3 If at any time you have questions about the SMS text messaging service, just text “HELP” to 833-334-9005 or email us at email@example.com. After you send the message “HELP” to us, we will respond with instructions on how to use our SMS text messaging service as well as how to unsubscribe.
15.4 We are able to deliver messages to the following mobile phone carriers: [AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless)].
15.5 As always, your mobile phone carrier’s messaging and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
16. Applicable Law and Jurisdiction
16.1 If you reside in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 13 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
17. General Provisions
17.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between RaiseMe and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between RaiseMe and you in relation to the access to and use of the Site.
17.2 No joint venture, partnership, employment, or agency relationship exists between you and RaiseMe as a result of this Agreement or your use of the Site.
17.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
17.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
17.5 RaiseMe’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
17.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without RaiseMe’s prior written consent. RaiseMe may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this Agreement at any time remains unaffected.
17.7 Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be in writing and given by RaiseMe via email, Site notification, or messaging service (including SMS).