PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. IF YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT (IN MANY PLACES, THAT AGE IS 18 YEARS OLD), THEN YOU MUST GET YOUR PARENT OR GUARDIAN TO 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 HOW RAISEME WORKS AND WHAT RESTRICTIONS APPLY TO YOUR USE OF OUR WEBSITES AND SERVICES.
Effective date: April 18, 2016
Welcome to RaiseMe, an online service owned and operated by Raise Labs Inc., a Delaware corporation ("RaiseMe," "we," and/or "us"). Please read on to learn the rules and restrictions that govern your use of our websites, products, services, and applications (the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org.
RaiseMe is an online platform that allows prospective college or university students (each, a "Student") to create profiles, learn about colleges or universities (each, a "College"), and earn micro-scholarships ("Micro-Scholarships") from Colleges, corporations, non-profit organizations, and foundations (each, a "Sponsor") based on their individual achievements inside and outside of the classroom. RaiseMe also allows Students to connect with teachers and counselors from their schools and with outside college access organizations with whom they have a relationship outside of the RaiseMe Services (each, an "Educator"), and allows Educators to connect with Colleges. For purposes of these Terms, Students, Sponsors, Educators and other visitors to the site together will be referred to as "Users."
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the RaiseMe website, by sending you an email, and/or by some other means of communication.
If you don't agree with the newly updated Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use our Services in any way after a change to the Terms goes into effect, that means you agree to all of the changes.
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.
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.
Students and Educators may register on the RaiseMe website. During the registration process, you will be asked to provide RaiseMe with certain information, including, without limitation, a valid email address, mobile phone number, and mailing address (your "RaiseMe Account Information") and create a profile. If you are a Student, your account will be active once you've completed the registration process. If you are an Educator, you must complete a verification process before your account will be fully active.
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.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use our Services and have gotten your parent or guardian to agree to these Terms on your behalf), and that you are over the age of 13. 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).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account.
After the registration process, Students can (and should!) continue to update their profiles with their achievements.
After entering college or university, Students can continue to log in and update both their profile and personal URL to maintain eligibility for Micro-Scholarships they have earned before entering college or university and showcase themselves to future schools or others with whom they need to show profile information.
RaiseMe is a neutral platform that allows Sponsors and Colleges to award Micro-Scholarships to Students based on Colleges' and/or Sponsors' award criteria.
By using the Services, you understand the following:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including RaiseMe's) rights.
You understand that RaiseMe owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, it doesn't mean that all of the restrictions above don't apply - they do!
For all User Submissions, you hereby grant RaiseMe a license to translate, modify (for technical purposes; for example, making sure your Content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services. This is a license only - your ownership in User Submissions is not affected.
If you store a User Submission in your own personal RaiseMe account, in a manner that is not viewable by any other User except you (a "Personal User Submission"), you grant RaiseMe the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, by submitting your portfolio to Colleges or by following Colleges )(a "Limited Audience User Submission"), then you grant RaiseMe the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified Users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a "Public User Submission"), then you grant RaiseMe the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with RaiseMe's business. Also, you grant all other Users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your RaiseMe account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other Users (if applicable), but you understand and agree that it may not be possible to completely delete that content from RaiseMe's records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other Users.
Finally, you understand and agree that RaiseMe, in performing the required technical steps to provide the Services to our Users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
You may have heard of the Digital Millennium Copyright Act (the "DMCA"), as it relates to online service providers, like RaiseMe, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing Content, click here. To learn more about the DMCA, click here.
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated and RaiseMe cannot independently verify all of the information provided by Users or the identity of Users. You access all such information and content at your own risk and we aren't liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can't guarantee the identity of any Users with whom you interact in using the Services and are not responsible for which Users gain access to the Services. You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
RaiseMe shall not be responsible for any higher education decisions, for whatever reason made, made by 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.
RaiseMe has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, RaiseMe will not and cannot monitor, verify, censor, or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with 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 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.
If there is a dispute between participants on this 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."
We're always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features, or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
The Services are currently free to Students and Educators, but we reserve the right to charge for certain Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
RaiseMe is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. RaiseMe has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Neither RaiseMe, nor its licensors or suppliers, makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY RAISEME (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL RAISEME (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $250 OR (II) THE AMOUNTS PAID BY YOU TO RAISEME IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent allowed by applicable law, you agree to indemnify and hold RaiseMe, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). RaiseMe reserves the right to control the defense and settlement of any claim. In any event, you will not settle any claim without the prior written consent of RaiseMe.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without RaiseMe's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that RaiseMe may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and RaiseMe agree that these Terms are the complete and exclusive statement of the mutual understanding between you and RaiseMe, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of RaiseMe, and you do not have any authority of any kind to bind RaiseMe in any respect whatsoever. You and RaiseMe agree there are no third party beneficiaries intended under these Terms.
Some college data provided by: The Institute for College Access & Success. College InSight, http://college-insight.org. College-level student debt and undergraduate financial aid data © 2014 Peterson's, a Nelnet company, all rights reserved.