By registering and participating in the RaiseUp Program (herein “Program”) and using the Program’s applications (herein “Applications”), you agree to the following terms and conditions (herein “Terms”). These Terms serve as a written agreement (herein “Agreement”) between you and United Community, LLC (herein “UC”) regarding your participation in the Program and use of the www.raiseup.org site. These Terms and your selections made during your registration, and subsequent changes made in your online account, also serve as a written agreement between you and the nonprofit organization(s) for which you are choosing to raise funds during your participation in the Program.
1. The Program: The Program consists of stores offering cash back, stated as a percentage of the net purchase amount of the online purchases that you make through the Program, which you may raise for the nonprofit organization(s) designated in your online account. Funds are raised for your designated nonprofit organization(s) whenever (i.) you make a Qualifying Purchase, which shall mean a.) you start a purchase with a store through your RaiseUp online account, a Program email sent to you, or an Application of the Program, such as a browser extension or a mobile application of which you are the associated user, by clicking a link to be directed to the store’s website, or in the instance of some Applications, by activating the cash back on the store site; b.) you then make the purchase on the store site without navigating to other websites prior to completing your purchase; c.) you complete the purchase in accordance with the store’s terms, conditions and exclusions for the Program (as described below in this Agreement); d.) you do not use coupons, discounts or other offers not provided by the Program; and e.) “cookies” are enabled on your computer, as cookies are used to authenticate you as the user to ensure that the funds raised are assigned to your designated nonprofit organization(s), and (ii.) the store reports the Qualifying Purchase to UC and funds to UC the cash back offered on the Qualifying Purchase. The funds raised shall be based on the net purchase amount which excludes taxes, fees, shipping, discounts, credits, returns, cancellations and extended warranties.
2. Voluntary Participation: You affirm that you are voluntarily choosing to register and participate in the Program to raise funds for the nonprofit organization(s) designated in your online account. The Program is free and you have not been required in any way, by UC or the nonprofit organization(s) for which you are raising funds, to register or purchase any amount of goods or services through your participation in the Program, nor are you receiving anything from such nonprofit organization(s) in exchange for your registration or participation in the Program.
3. Nonprofit Designation: Through your registration in the Program and subsequent changes in your online account, you affirm that you are voluntarily raising funds for the nonprofit organization(s) designated in your online account. Such designations in your online account shall serve as a written agreement between you and the designated nonprofit organization(s) regarding your intention to raise funds for them. Upon registration and whenever you change your designated cause in your online account, you express your desire and intent to raise funds for the nonprofit organization(s) designated in your online account which shall be associated with the cause you have chosen. You may select or change the nonprofit organization(s) for which you are raising funds at any time in your online account. If one of your designated nonprofit organizations is no longer participating in the Program, such nonprofit organization shall be removed as a designated nonprofit from your online account. In the event the terminated nonprofit is the only nonprofit designated in your online account, you agree that another nonprofit(s) associated with the cause you have chosen shall be designated as the nonprofit organization(s) for which you are raising funds, and you shall have the right to change such designation at any time in your online account.
4. RaiseUp Button: The RaiseUp Button browser extension, an Application of the Program, is available to be installed on Chrome, allowing you to activate cash back on the participating stores’ sites and raise funds on Qualifying Purchases without having to start your purchase through your RaiseUp online account (i.e. you may visit the store sites directly to raise funds). Please note that only those store sites on which the RaiseUp Cash Back activation reminder appears allow you to raise funds. Some stores require that you start your purchase through your RaiseUp online account to raise funds.
5. Funds Management and Disbursement: The funds you raise in the Program shall be allocated in an equal amount to the nonprofit organization(s) designated in your online account at the time when the Qualifying Purchase is entered into your online account and shall be considered “raised” when a Qualifying Purchase has been made and the cash back offered by the store for the Qualifying Purchase has been received by UC. In accordance with the terms, conditions and exclusions of the stores involved with the Program (see below in this Agreement), Qualifying Purchases may take up to seven business days to appear in your online account and funding for such Qualifying Purchases by the stores may take up to thirteen months after the date of the Qualifying Purchase. UC shall manage the funds raised in the Program and disburse the funds raised to your designated nonprofit organization(s) within one month from the close of the calendar quarter in which the funds were raised. UC is not responsible for disbursements made to unintended nonprofit organization(s) designated in your online account.
6. Stores’ Terms, Conditions and Exclusions: The cash back percentages and offers offered by the stores may vary by product category, and the stores may impose limitations or restrictions on whether such cash back percentages and offers are valid or whether a purchase qualifies for cash back in the Program, including designating certain categories of purchases as ineligible for cash back or offers, setting overall cash back limits on purchases, or designating certain nonprofit organizations as ineligible to receive funds from the Program. The stores also reserve the right to change at any time and without notice their cash back percentage(s) and offers being offered in the Program; the terms, conditions and exclusions of whether a transaction qualifies for cash back in the Program; and whether an offer is valid. While UC does its best to post the participating stores and the current cash back percentages, terms, conditions and exclusions of such stores on the www.raiseup.org site, the stores, cash back percentages, terms, conditions and exclusions shown on the www.raiseup.org site may not be accurate, and the cash back percentages, terms, conditions and exclusions imposed by the stores, which may differ from those posted on the www.raiseup.org site, shall determine whether a purchase qualifies as a Qualifying Purchase and whether an offer is valid. Should you disagree with any decision regarding a Qualifying Purchase or store offer, your sole remedy is to end your involvement in the Program. UC is not responsible for any changes to or cessation of a store’s cash back percentage or offers in the Program or the withdrawal of any store from the Program or for any associated effect on the cash back raised in the Program. You shall have the responsibility of reviewing your online account regularly to ensure that your Qualifying Purchases and the associated cash back raised are accurately reported in your online account, and if you feel a Qualifying Purchase has not been entered in your online account or that the amount raised shown in your online account is not correct, you shall be required to contact UC or the Program within 120 days of the purchase date to have a chance of having the transaction added to your account and/or to adjust the amount raised.
7. Store Failure to Report or Pay: If a store in the Program fails report a Qualifying Purchase to UC or fund to UC the cash back offered on such purchase, UC shall not be required to contribute the store offered amount to the nonprofit organization(s) designated in your online account. You agree to hold harmless UC for any losses that may result from such a failure to report or pay by the stores.
8. Termination: Your involvement in and access to the Program are at the discretion of UC and may be terminated by UC at any time for any reason. You may also end your involvement at any time by shutting down your account from within your online account. Should your involvement be terminated for reasons of fraud, illegal activity, misuse of the Program or the www.raiseup.org site, or violation of these Terms (all as deemed by UC), then UC shall have no obligation to disburse the funds which you have raised but which have not been disbursed to your designated nonprofit organization(s).
9. Messages: You agree to receive monthly statements, program notifications and updates, including updates to these Terms, and other program-related messages in your online account at www.raiseup.org, and such communications may also be sent to you via email, text and/or mobile application messaging to the email address and/or phone number entered in your online account. The same messages may also be sent to you through the RaiseUp Button browser extension when you have installed the button on Chrome. The person or organization that referred you to the Program, the referring organization of the person that referred you to the Program, the referring organization of the person who referred the person who referred you to the Program, and so on, and the nonprofit organization(s) designated in your online account may also send you messages about the Program through their online accounts. Such people and organizations, however, are not able to view your email address. You may change your preferences at any time in your online account for receiving such communications. Please note that some messages, such as monthly statement messages and messages from organizations, are not allowed to be turned off during your involvement in the Program.
10. Your Conduct: You agree to not engage in any inappropriate activity in connection with your use of the Program and the Program site(s), including but not limited to, any act meant to disrupt, interfere, destroy or limit the functionality of the Program or its servers, equipment, site(s), or networks; impersonating another person while using the Program; conducting yourself in a vulgar, offensive, harassing or objectionable manner while using the Program; using the Program for any unlawful purpose; or reselling or exporting the software associated with the Program. You agree to comply with all applicable laws and regulations in connection with your use of the Program and its site(s) and agree to not reverse engineer, decompile, disassemble, copy or otherwise derive the source code of the Program or its Applications for any reason. All rights to the Program, its Applications and the content on the site(s) are reserved by UC under the copyright laws of the United States, and the trademarks and logos used in the Program are the property of UC and/or the participating stores and may not be used by you without the prior written consent of UC and/or the stores which may own such trademarks and logos.
11. Use of Information and Comments Submitted: If you elect to submit any comments, information or ideas about the Program or the service of the Program, such comments, information or ideas may be used by UC and the stores and organizations of the Program (when permission has been granted to such stores and organizations by UC) without compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing and marketing products and services and creating, modifying or improving the Program or other products or services.
12. Secure Information: You understand that information stored in your online account is meant to be secure, and you are responsible for the security of your password and for any use of your online account. UC and its third party providers follow standards for protecting such information, but in the instance of unauthorized access to your online account, either as a result of your allowance, your failure to create a secure password or for any other reason, you agree to indemnify and hold harmless UC for any losses, damages, or fraudulent activity resulting from such access to your online account. UC is entitled to act on instructions and/or requests received under your password and shall not be liable for any losses, damages or fraudulent activity resulting from such action. If you become aware of any actual or potential unauthorized use of or access to your online account or password, you shall immediately notify UC. In such cases where you or UC becomes aware of any actual or potential unauthorized use of or access to your online account or password, UC shall have the right to access and modify your account information and/or password. UC shall also have the right to access and disclose your account information when it is reasonably necessary, in the discretion of UC, to (a) protect the rights, property or personal safety of UC, its users or the public; (b) comply with legal process; or (c) enforce these Terms.
13. Privacy: If during your registration or from your online account you select an organization or person as the organization or person that referred you to the Program (i.e. the Referrer), such Referrer, the Referrer of such Referrer, and so on, may see in their online accounts your name, email address, the cause you are supporting, your registration date, and in aggregate, the funds raised by all users who have designated such Referrer as their Referrer. The nonprofit organization(s) for which you are raising funds may also see the same information. UC shall have the right to gather, store and use personal, purchase and all other information collected in your use of the Program and may use such information for uses associated with the Program. When making a Qualifying Purchase, the information that you enter online with the stores of the Program, including your shipping address, billing address and payment information, may be shared with and stored by UC, and you authorize UC to use such information to finish purchases on your behalf. Except as described above, UC does not sell, rent or disclose your information to third parties except as necessary (i) for the Program’s service providers to assist with the administration of the Program; (ii) to comply with government agency or court orders or requests; (iii) to provide aggregated information for promotion of the Program to organizations, stores, third parties, and/or individuals.
14. Cookies and Other Technologies: You authorize UC to collect and store your IP address using cookies or similar technologies to confirm your acceptance of this Agreement and for other reasons as may be necessary to administer the Program.
15. Right to Remedy and Limitations of Liability: Should either party under this Agreement have any dispute under these Terms or about the Program, the disputing party shall bring the dispute to the attention of the other party in writing, allowing such party a right to remedy the situation on an individual basis within one year of such notice being presented. In cases where you are the disputing party, if you are dissatisfied with the suggested remedy from UC, then your sole and exclusive remedy shall be to cease using the Program. In addition to such limitation of liability and the other limitations of liability set forth in this Agreement, to the extent allowed by law, the total liability of UC or the Program to you for any damages related to your use of the Program, regardless of reason, shall not exceed $50. You agree that UC shall not be liable to you or any third party for any modification, suspension or termination of the Program, and you agree that you shall not be part of any class action lawsuit against UC, the Program or any third parties of the Program. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without reference to conflicts of law rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Outagamie County, Wisconsin and agree to file any grievance or suit in the courts located in Outagamie County, Wisconsin, unless otherwise agreed by the parties.
16. Force Majeure: In no event shall UC be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside UC’s reasonable control.
17. Indemnification: You agree to indemnify and hold harmless UC and any of its affiliated parties, including but not limited to, partnered organizations, stores, subsidiaries, registered users, contractors, agents, officers, directors, owners, managers and employees from any claim or demand, including reasonable attorney’s fees, made by any party due to or arising out of your use or desired use of the Program, including but not limited to, the nonperformance of the Program site.
18. Amendments: UC may amend these Terms in whole or in part at any time by posting the updated Terms on the www.raiseup.org site, and such updated Terms shall be effective immediately. Your continued participation in the Program after such updated Terms have been posted shall constitute your affirmative acceptance of such amendment and your consent to abide by such updated Terms. If you do not agree to any amendment of these Terms, your only right shall be to discontinue your involvement in the Program.
19. Legal Person: You acknowledge that you are an individual at least 18 years old and of the age of majority in your jurisdiction and fully able and competent to enter into and abide by these Terms.
20. General: If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be struck, and the remaining provisions contained in this Agreement shall be valid and enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. UC’s failure to enforce any provision of this Agreement shall not constitute a waiver of that or any other provision. UC may assign or transfer this Agreement without restriction, but you may not assign or transfer this Agreement or any right or obligation hereunder to any third party without the prior written consent of UC. This Agreement sets forth the entire agreement between you, UC and the nonprofit organization(s) designated in your online account and replace any prior terms or agreements that may have existed between you, UC and the nonprofit organization(s) designated in your online account regarding the subject matter of this Agreement.
21. Additional Program Limitations, Qualifications and Disclaimers: UC does not operate or control the products, services or offers offered by participating stores and third parties, and as such, is not responsible or liable for the availability, content, accuracy or advertising of the products, services or offers shown on such entities’ sites or in the Program. UC also does not control such entities’ websites, as such entities operate independently of UC and are responsible for all aspects of order processing, order fulfillment, shipping and handling, returns, exchanges, billing and customer service. Additionally, UC is not a party to the transactions that you enter into through the Program. You agree that your participation in the Program and its Applications is at your sole risk, and the Program and its Applications are provided "as is" and without any warranties of any kind, express or implied or otherwise.