Dealraiser, LLC Terms of Service
Revised: November 14, 2010.
By visiting dealraiser 's Site or Services and/or by completing the registration
process for the Services, you represent and warrant that you have read, understand,
have the legal capacity to, and hereby agree to be legally bound by these Terms
of Use. dealraiser is available ONLY TO USERS 14 YEARS OF AGE OR OLDER THAT RESIDE
IN THE UNITED STATES OF AMERICA.
A. MODIFICATIONS TO THIS AGREEMENT.
B. DESCRIPTION OF DEALRAISER SERVICES.
Dealraiser is a fundraising company that supports local communities by helping businesses, organizations and consumers. Specifically, we offer consumers (“Consumer Users” often referred to as “Subscribers”) exposure to a dynamic array of promotional offerings (or “Deals”) from a variety of local businesses (“Business Users”) on a subscription-fee basis. Non-profit organizations (“Organization Users”) may use the Service to raise funds for their organization by selling subscriptions to Consumer Users.
As a Business User, you understand and agree that by adding a Deal into the Dealraiser system you are bound to honor the Deal as posted on dealraiser at the locations showing the deal to be available. Dealraiser has the right at its sole discretion to terminate any Business User’s account that does not accept valid deals posted on the dealraiser Site or for any other reason Dealraiser deems necessary. By offering a deal on the dealraiser Site the Business User warrants and represents that any logos or images representative of that business used on the dealraiser Site do not infringe upon the intellectual property rights of any third party. Business users warrant and represent that such logos or images are available to be used in promotional advertising in any way dealraiser sees fit without misrepresenting the business or the deals offered by that business.
Dealraiser has the right at its sole discretion to refuse deals from businesses
associated with gambling, alcohol. tobacco, pornography or any other items dealraiser
Organization Users that agree to sell subscriptions to the dealraiser Service will receive exactly fifteen dollars ($15.00) for each subscription sold through that Organization User. Each Organization User will receive a payment once per month for each subscription sold benefiting that organization during the previous month. Dealraiser may provide Organization Users with materials promoting the Service (“Promotional Materials”) upon request or included within its Service. Organization Users wishing to display or distribute materials other than the Promotional Materials to promote the dealraiser Service must obtain prior written approval from dealraiser.
Consumer Users (often referred to as “Subscribers” throughout the
that the Deals that appear on dealraisers Services are completely dynamic; there
are deals being added, edited and deleted from the dealraiser Service by business
owners at all times. Consumer Users understand and acknowledge that certain Deals
may be subject to specific limitations, terms and conditions in addition to these
is not responsible for Business Users that fail to honor any particular Deal. While
Consumer Users are encouraged to report such failures to dealraiser, Consumer Users
understand and agree that dealraiser is under no obligation to act in any way upon
AS A CONSUMER USER YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT DEALRAISER IS PRIMARLY A FUNDRAISING COMPANY AND 50% OF ALL SUBSCRIPTION FEES GO DIRECTLY TO A CHARITABLE ORGANIZATION AND FOR THAT REASON DEALRAISER DOES NOT OFFER REFUNDS FOR ENTIRE OR PARTIAL AMOUNTS OF SUBSCRIPTION FEES.
C. YOUR REGISTRATION OBLIGATIONS
To obtain and use the Services, you will be required to register with dealraiser by completing a registration form, designating a user ID and password. When registering with dealraiser you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify dealraiser of any unauthorized use of your user ID or password or any other breach of security. Dealraiser cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
D. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.
By registering with dealraiser, you understand that we may send you communications or data from dealraiser regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding dealraiser's products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the messages sent.
E. USER CONDUCT/ACCEPTABLE USE POLICY.
You may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. You may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of dealraiser or others.
To the extent that the Services provide Users an opportunity to post, store and exchange information, materials, data, and files ("User Content"), you hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information contained therein. dealraiser has the right in its sole discretion to edit, refuse to post or remove any User Content or other material sent via, submitted to, uploaded to, or posted on or through the Services. Without limiting the foregoing, dealraiser has the right, but not the obligation, to edit or remove any content or other material that it, in its sole discretion, finds to be in violation of the provisions of these Terms of Service, or for any other reason. You acknowledge and agree that dealraiser shall not assume or have any liability for any action or inaction by dealraiser with respect to any User Content. Users shall remain solely responsible for User Content.
Without limitation, dealraiser reserves the right to terminate your access to
and use of the Services, if, in our view, your conduct fails to meet any of the
following guidelines for User conduct:
1. You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes the dealraiser Site, computer systems and network, or the Services.
2. You may not attempt to interfere with any other person's use of the Services.
3. You may not misrepresent your identity or impersonate any person.
4. You may not attempt to gain access to any account, computers or networks related to the Services without authorization.
5. You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.
8. You may not use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
9. You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others.
10. You may not use the Services to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
11. You may not use the Services to send or otherwise make available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another's computer or property.
12. You may not use the Services to download any material sent by another User of the Services that you know, or reasonably should know, cannot be legally distributed in such manner.
13. You may not use the Services to violate any code of conduct or other guidelines which may be applicable to the Services or the Site.
14. You may not use the Services to harvest or otherwise collect information about others, including e-mail addresses.
15. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by dealraiser in connection with the Site or Services.
16. You must make timely payment of all amounts due from you to dealraiser.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of dealraiser. Upon termination of your access to and Use of the Services dealraiser may, in its complete discretion, retain or remove, all or any part of the content posted by you to the Site.
You understand that as a dealraiser Subscriber you will be charged thirty dollars ($30.00 non-refundable) for an annual membership to the dealraiser Services. You understand that deals posted by dealraiser are dynamic and subject to change at any time. If any deal changes during your membership there is no recourse the subscriber can take towards dealraiser. At the end of your year membership the account will stay active but your access to deals will no longer be available until you subscribe to dealraisers services again.
DEALRAISER RESERVES THE RIGHT TO MODIFY ITS SUBSCRIBER FEES AT ANY TIME FOR ANY REASON.
You understand that as a dealraiser Business User there are currently no charges for creating your account or posting deals. Dealraiser also allows Business Users to post “instadeals” or day of only deals. There is currently no charge to post instadeals.
DEALRAISER RESERVES THE RIGHT TO MODIFY ITS BUSINESS USER FEES AT ANY TIME FOR
I. INTELLECTUAL PROPERTY RIGHTS AND NOTICES.
All contents of dealraiser's Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content") are: Copyright 2010 dealraiser, LLC, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web sites or other networked computer environment) without the express prior written consent of dealraiser and/or its suppliers, affiliates, or licensors. All rights reserved.
Dealraiser, dealraiser.com and the dealraiser logos are trademarks of Dealraiser, LLC and may not be copied, imitated, or used, in whole or in part, without dealraiser 's prior written permission. Other product and company names used throughout the Site may be trade or service marks of their respective owners used by dealraiser only with permission, and User should only use such marks with the consent of such owners.
Dealraiser may have patents, patent applications, trademarks, copyrights, or
other intellectual property rights covering subject matter in its Site that are
part of the Services. Unless we have granted you licenses to our intellectual property
in these Terms of Service, our providing you with such Web pages does not give you
any license to our intellectual property. Any rights not expressly granted herein
J. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Dealraiser respects copyright law and expects Users to do the same.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide dealraiser's Agent for Notice of claims of copyright or other intellectual property infringement ("Agent") the written information specified below: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that you claim is infringing is located on the Web site; (4) Your address, telephone number, and e-mail address; (5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Dealraiser's Agent can be reached at: dealraiser_copyrightagent at dealraiser
K. THIRD PARTY CONTENT, SITES AND SERVICES.
The Services contain features and functionalities that may link you or provide
you with certain functionality and access to third party content, including Web
sites, directories, servers, networks, systems, information and databases, applications,
software, programs, products or services, and the Internet as a whole. We may also
provide some content to you as part of the Services. We are not responsible for
any third party content you access with the Services, and you irrevocably waive
any claim against us with respect to such sites and third-party content. 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 are
solely responsible for your dealings with any third party related to the Services,
including the delivery of and payment for goods and services.
is collected and used, which you can read by clicking here.
Your use of the Services signifies acknowledgment of and agreement to the dealraiser
personal information if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to comply with legal process,
to enforce these Terms of Service, or, in its sole discretion, to protect the rights,
property, or personal safety of dealraiser, its employees, users and third parties,
M. DEALRAISER MAKES NO WARRANTIES.
Dealraiser intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometime may occur. In addition, dealraiser may make changes and improvements to the information provided herein at any time.
DEALRAISER PROVIDES ITS SITE AND SERVICES "AS IS," "WITH ALL FAULTS"
AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, DEALRAISER, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR
SUPPLIERS (EACH, A "DEALRAISER PARTY," AND COLLECTIVELY, THE "DEALRAISER
PARTIES") MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED.
THE DEALRAISER PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY
AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT,
NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING
THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT
ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT
EXTEND BEYOND THE FACE OF THIS CONTRACT.
N. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY.
IN NO EVENT WILL ANY DEALRAISER PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT
LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES
ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE
OR SERVICE, EVEN IF SUCH DEALRAISER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION N IS INDEPENDENT OF YOUR EXCLUSIVE
REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS
OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD
TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY,
(3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND
LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU
DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM
WITH OR AGAINST ANY DEALRAISER PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE,
THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
O. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION.
WE MAY CHANGE THE SOFTWARE AND SERVICE OR DELETE FEATURES AT ANY TDEALRAISER
AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS M AND N, THE
DEALRAISER PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING
WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING,
OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT,
TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS
M AND N, DEALRAISER IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING
FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY
INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES,
SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING,
CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE
SOFTWARE AND SERVICES IN AN ACCURATE OR TDEALRAISERLY MANNER, OR (4) ANY DAMAGES
OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY
SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless, dealraiser, its affiliates,
and their respective officers, directors, employees, agents, licensors, representatives,
and third party providers, to and from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from any violation of
this agreement by you. dealraiser reserves the right to assume, at its sole expense,
the exclusive defense and control of any matter subject to indemnification by you,
in which event you will fully cooperate with dealraiser in asserting any available
Q. TERMINATION OF SERVICE.
We may terminate or suspend your access to the Services at any time, in our sole
discretion, without cause and/or without notice. Upon termination, your right to
use the Services stops immediately. ONCE THE SERVICES ARE CANCELLED OR SUSPENDED,
ANY DATA YOU HAVE STORED ON DEALRAISER'S SYSTEMS MAY NOT BE RETRIEVED LATER.
R. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.
These Terms of Service shall be governed by and construed in accordance with
the laws of the State of Missouri, excluding its conflicts-of-law principles. Please
note that your use of the Services may be subject to other local, state, national,
and international laws. You expressly agree that exclusive jurisdiction for any
claim or dispute with dealraiser or relating in any way to your use of the Services
shall be vested the courts of Missouri and you further agree and expressly consent
to the exercise of personal jurisdiction by and venue in the United States District
Court for the Eastern District of Missouri and the Circuit Courts of St. Louis County.
Missouri in connection with any such dispute including any claim involving dealraiser
or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication
providers and content providers.
S. NOTICES TO DEALRAISER.
You may notify us by e-mail at dealraiser_copyrightagent at dealraiser dot com
T. OTHER TERMS.
Dealraiser may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE SOFTWARE AND SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The failure of DEALRAISER to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.