FaithRaiser Terms of Service
Effective September 1, 2022
These Terms of Service (the “Terms of Service”) govern your use of the FaithRaiser, LLC (“FaithRaiser” or “we”) platform made available to you via the FaithRaiser website at www.faithraiser.com (the “Platform”). We reserve the right, at our sole discretion, to change, modify or amend any portion of these Terms of Service at any time and without notice, at which time we will post the revised Terms of Service on this page and will indicate the date of such revision. Your continued use of the Services after the date of any such change constitutes your acceptance of the revised Terms of Service. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.
WHO WE ARE
Services Provided
FaithRaiser is a website that provides fundraising tools to individuals, entities, and non-profit organizations (each, an “Organizer”) by providing an online giving Platform where an Organizer may post a fundraising campaign (a “Campaign”) and accept monetary, supply, and/or time donations (a “Donation”) from donors (a “Donor”) on behalf of a beneficiary (the “Beneficiary”) of the Campaign (the “Services”). FaithRaiser reserves the right to modify, suspend or discontinue the Services (or any part thereof) at any time and for any reason, with or without notice, and without liability to any third party. Users use the Services at their own risk.
The Services consist of an administrative platform only. FaithRaiser serves to facilitate the Organizer’s Campaign and permits Donors to make Donations of money, supplies, and/or time to the Campaign of their choice. FaithRaiser is not a broker, agent, financial institution, creditor, or 501(c)(3) nonprofit corporation.
Payment Processor
FaithRaiser is not a payment processor and does not hold any funds. FaithRaiser’s current thirdparty payment processing partner is Authorize.net (“Authorize”). Authorize processes all monetary Donations for each Campaign. You acknowledge and agree that FaithRaiser shall exchange information, including transaction-related information related to your use of Authorize’s payment processing services, with Authorize in order to facilitate the provision of the Services. By agreeing to these Terms of Services or continuing to operate as an Organizer, you agree to be bound by Authorize’s terms of service, as the same may be modified by them from time to time. For more information, see Authorize’s terms of service, here:
Beneficiaries’ receipt of monetary Donations is based upon and subject to the Authorize’s (or the then-applicable third-party payment processor’s) procedures and terms. FaithRaiser does not withhold funds from any Donation for tax purposes or otherwise. Each Beneficiary is solely responsible for determining what international, federal, state, local, or any other taxes if any, apply to the Donations, reporting and paying the correct tax(es) to the appropriate authorit(ies). You agree that you will not hold FaithRaiser liable or responsible for any funds or tax obligations on those funds paid to Authorize, or any other future third-party payment processor that FaithRaiser may partner with in the future.
ACCESS AND USE OF THE SERVICES
Community Guidelines
Each Organizer is fully responsible for any and all content posted as an Organizer and further represents and warrants that (1) all information he/she provides in connection with a Campaign and/or Beneficiary is complete, accurate and not is not provided with any intent to deceive a reasonable user of the Platform, and (2) all Donations contributed to a certain Campaign shall be used in the manner described in such Campaign’s post. FaithRaiser can not and does not review all materials posted to the Platform.
All Donations are made voluntarily and at the role discretion and risk of each Donor. FaithRaiser (1) makes no guarantee, whether express or implied, that the information provided by an Organizer is accurate, and (2) expressly disclaims any liability or responsibility for the outcome or success of any Campaign. While we take fraud very seriously, Faithraiser cannot represent or guarantee that any Donation will be used as promised or in accordance with any purpose described by an Organizer, or that any Campaign will achieve its goals. Each Donor is solely responsible for investigating a Campaign and its Beneficiary before making a Donation. FaithRaiser is committed to investigating any and all potential fraudulent Campaigns or uses of funds donated via our Platform. Should you suspect any fraud, please follow the “Report Suspected Fraud” link on the Campaign page to provide details and submit a claim, and our team will investigate the claim as quickly as possible.
Each Organizer agrees not to provide a home shipping address for the receipt of any Donation. In the event of a supply Donation, you agree to provide only (1) a P.O. Box, or (2) the address of a Beneficiary’s office or headquarters, provided, that the Beneficiary is not an individual. In the event of a time Donation, you agree to provide only the address of the location at which the Campaign is taking place.
You agree that you are solely responsible for your interactions with any other user of the Services and FaithRaiser will in no event be liable or responsible with respect thereto. FaithRaiser reserves the right, but has no obligation whatsoever, to become involved in any way in any dispute between users of the Services. Each user of the Services agrees not to involve FaithRaiser in any litigation that may occur in connection with their use of the Platform.
FaithRaiser reserves the right to delete any Campaign, suspend or terminate any account at our sole discretion at any time and for any reason, with or without notice, and without any liability, including any liability to any third party, for any claims, damages, costs or losses resulting therefrom. All provisions of these Terms of Service shall survive termination.
Prohibited Conduct
FaithRaiser’s goal is to facilitate Donations where actual needs are present. You may not use the Services to, or in connection with:
- Violate or encourage violation of any law, statute, ordinance or industry regulation, or for any illegal purpose, including but not limited to drugs, narcotics, steroids, controlled substances, pharmaceuticals, drug-related paraphernalia, tobacco products, or similar products or therapies that are either illegal, prohibited or enjoined by an applicable regulatory body;
- Create a Campaign that is a scam, fraudulent, misleading or inaccurate;
- Infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary rights under the laws of any jurisdiction;
- Gambling, gaming, and/or any other activity with an entry fee and prize, including but not limited to casino games, raffles, sports betting, animal racing, lottery tickets, raffle tickets, or other ventures that facilitate gambling, games of skill or chance (whether or not legally defined as a lottery) and sweepstakes;
- Activities related to sexually explicit services or materials, including but not limited to human trafficking or exploitation, pornography or other sexual, graphic, perverse or sensitive content;
- Promote hate, violence, racism, harassment, discrimination, terrorism, or financial exploitation;
- Pyramid or Ponzi schemes, matrix programs, “get rich quick” schemes, or other multilevel marketing programs;
- Raise funds for illegal activities;
- Solicit the transmission of funds through any other payment platform (ex: Venmo, CashApp, Zelle, etc.);
- Purchases of real property, annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card;
- Provide credit repair or debt settlement services;
- Activities with, in, or involving countries, regions, governments, persons or entities that are subject to U.S. or other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
- Raise money to fund or benefit the legal defense of any individual or entity; or
- Collect or provide funds for any purpose other than as described in the Campaign description.
INTELLECTUAL PROPERTY RIGHTS
The Services may contain features or components that are protected by intellectual property rights or other proprietary laws. You agree not to modify, scrape, duplicate, sell, distribute, or create derivative works based on the Services, whether in whole or in part. The foregoing sentence shall not apply to your own User Content (as defined below) that you have legally uploaded to the Platform. By using the Services, you will not acquire any intellectual property or similar rights in the FaithRaiser Services other than a limited right to use the Services for your personal benefit. The FaithRaiser name and logo are trademarks of FaithRaiser. These Terms of Service do not grant any license or other right to use any of the FaithRaiser trademarks without our prior written consent. All goodwill generated from the use of any FaithRaiser trademark will inure to our exclusive benefit.
With respect to any content you submit, post, or display on the Platform (“User Content”), you represent and warrant that you own all rights, titles, and interests in and to, or otherwise have all necessary rights and consents to use such User Content. You represent and warrant that your User Content and our use of your User Content will not infringe on any third-party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms of Service or applicable law. You retain all right, title and interest in and to your User Consent and FaithRaiser shall not acquire any right, title or interest in or to such User Content. By posting or otherwise making available any User Content, or any portion thereof, you grant FaithRaiser an unlimited, worldwide, non-exclusive, transferable, irrevocable license to use, copy, display, upload, share, store, modify and otherwise use your User Content without any further compensation or payment. Under no circumstances will FaithRaiser be liable for any content or materials of any third parties, including any user of the Services, or any User Content, or for any loss or damage of any kind incurred as a result of the use of any such User Content.
FEES AND PAYMENTS
Payment Processing
FaithRaiser uses third-party payment processors to process Donations and deliver funds to Beneficiaries. In order to withdraw funds from a Campaign, a Beneficiary, will be required to provide the third-party payment processor its bank account information.
Refunds
FaithRaiser does not control the financial transactions between Authorize and any Organizer, Beneficiary, or Campaign. Accordingly, we make no guarantees regarding any aspects of such transactions. FaithRaiser is not responsible for refunding any funds collected by the Organizer, Beneficiary or Campaign through the use of the Services.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FAITHRAISER EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU AGREE THAT THE USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
INDEMNITY AND RELEASE
You agree to release and indemnify and hold FaithRaiser, its affiliates, and their officers, employees, directors, and agents harmless from any and all losses damages, expenses (including reasonable attorneys’ fees), costs, awards, fines, rights, claims, and actions of any kind arising out of or in connection with your use of the Services, any Donation, any Campaign, your violation of this Agreement, your breach of any of the representations and warranties herein, or your violation of the rights of another. Furthermore, you agree that FaithRaiser has the right to conduct its defense of any of the foregoing in the manner in which it chooses in its sole discretion, and you agree to indemnify FaithRaiser for the cost of its defense including, but not limited to, attorneys’ fees.
If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or release party.” If you are a resident or another jurisdiction that requires a specific statement regarding waiver and release, whether domestic or international, you waive any and all comparable statutes, regulations, and/or codes.
LIMITATION OF LIABILTY
IN NO EVENT SHALL THE FAITHRAISER OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES; DAMAGES FOR LOSS OF PROFITS, GOODWILL OR USE; LOSS OR CORRUPTION OF DATA; OR OTHER INTANGIBLLE LOSSES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FAITHRAISER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN CONNECTION WITH ANY MATTER RELATING TO THE USE OF THE SERVICES. IN NO EVENT WILL FAITHRAISER’S TOTAL LIABILITY TO ANY USER OF THE SERVICES FOR ANY DAMAGES EXCEED THE LESSER OF (1) THE AMOUNT PAID TO FAITHRAISER FOR THE TRANSACTION GIVING RISE TO THE CAUSE OF ACTION, OR (2) ONE HUNDRED U.S. DOLLARS ($100.00). FOR ANY JURISDICTION THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, OUR LIABILITY IS LIMITED TO THE SMALLEST EXTENT POSSIBLE BY LAW.
ARBITRATION
You hereby agree to submit to final and binding arbitration under the Federal Arbitration Act and administered by the American Arbitration Association under its Commercial Arbitration Rules (the “AAA Rules”) all disputes or claims between you and FaithRaiser, or any of FaithRaiser’s officers, directors, managers or employees acting in their capacity as such, relating in any way to these Terms of Service or the Services, and you hereby expressly waive any right to a trial by jury or to participate in a class action. A copy of the AAA Rules can be found here: www.adr.org.
Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of any party to bring an individual action in small claims court, seek injunctive relief in a court of law, or file suit in a court of law to address a claim of infringement or other misuses of intellectual property.
To initiate an arbitration proceeding, you must first send a written notice of the dispute to FaithRaiser at: 1111 W Mockingbird Lane, Suite 930, Dallas, TX 75247 describing the nature and basis of the claim and the specific relief sought. FaithRaiser will have sixty (60) days to resolve the claim set forth therein directly, after which time either party may commence the proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. Any arbitration hearing will take place at an agreed-upon location in Dallas, Texas provided, that any claim for $10,000 or less may be conducted by telephone, based on written submissions, or in person in the county where you reside.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. FaithRaiser will reimburse you for applicable filing fees if your claim is less than $10,000 unless the arbitrator deems your claim is frivolous or brought for an improper purpose.
The parties agree that all claims will be brought only in such party’s individual capacity and not as a plaintiff or class member in any purported class, consolidated or representative action. If for any reason a claim proceeds in court rather than arbitration, the dispute shall exclusively be brought in a court of competent jurisdiction located in Dallas, Texas. The successful party shall be entitled to receive from the unsuccessful party all of its reasonable attorneys’ fees, costs, and disbursements.