Dealraiser, LLC Terms of Service

Revised: November 14, 2010.
Dealraiser, LLC ("we" or "dealraiser") provides services (the "Services" or “Service”) available at our Web site ("Site") http://www.dealraiser.com or through mobile applications to you ("you", “Business User/s”, “Organization User/s”, “Consumer User/s”, “Subscribers” or the "User" ) subject to the following Terms of Use. This is a contract formed between you and dealraiser for the use of dealraiser's Services. Unless expressly stated otherwise, these Terms of Use shall apply to any use of the dealraiser Site, the Services, and any service, application, plug-in, component, functionality or program created or made available by dealraiser.

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.

Dealraiser reserves the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. You can find the most recent version of these Terms of Service at http://www.dealraiser.com/termsofservice/tos.php, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our Terms of Service whenever you visit the Site to check if they have been updated. Additionally, following the posting of modifications, all users will receive a newsletter making them aware of such modifications. Users should also review this agreement on a regular basis to keep themselves apprised of any changes. If you do not agree to the revised Terms of Service, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised Terms of Use. Following the posting of modifications, such modifications shall become effective immediately upon your continued use of the Services. Should you have any questions regarding the use of our Site or Services, please contact us at dealraiser_terms at dealraiser dot com.

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 deems inappropriate.    
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 dealraiser Site, Service and inside these Terms of Use) understand and acknowledge 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 Terms of Use as provided by the Business User. Consumer Users understand that dealraiser 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 such reports.

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.

F. FEES.

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 ANY REASON.

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 are reserved.

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 dot com

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.

L. PRIVACY.

Dealraiser has established a Privacy Policy to explain to Users how their information is collected and used, which you can read by clicking here. http://www.dealraiser.com/termsofservice/privacy.php. Your use of the Services signifies acknowledgment of and agreement to the dealraiser Privacy Policy. You further acknowledge and agree that dealraiser may disclose your 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, and the public, or as otherwise described in the Privacy Policy.

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.

P. INDEMNIFICATION.

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 defenses.

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.
If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of these Terms of Service, as amended from time to time, and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to dealraiser.

U. MISCELLANEOUS.

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.