Terms of Use Agreement

1. Legal Relationship with QuoteRaiser, LLC. ("QuoteRaiser", "We", "Our", "Us") provides the www.QuoteRaiser.com site (the "Website") and web-based services, (the "Services, as more fully described below (the "Website" and "Services" collectively referred to sometimes hereinafter as the "Services")) to you, the user ("User," "You," or "Your"), subject to Your compliance with all the terms and conditions contained or referenced in this Terms of Use Agreement (the "Terms of Use" or "Terms"), Our Privacy Policy, the terms and conditions of which are incorporated herein by reference, "Privacy Policy" as well as any other written agreement between Us and You, the terms and conditions of which are incorporated herein by reference.  


By using or accessing Our Website or the Services, You are entering into a binding legal agreement with Us to use Our Website and Services pursuant to these Terms of Use. If You are an individual using Our Services on behalf of an entity, You represent and warrant that You have the authority to bind that entity to these Terms of Use and that by using the Services, You are accepting the Terms of Use on behalf of that entity.


In addition, when using the Website or the Services, Users shall be subject to any posted guidelines or rules applicable to the use of the Website or Services that may contain terms and conditions in addition to those in these Terms of Use.  All such guidelines or rules are hereby incorporated by reference into these Terms of Use. If you do not agree to be bound by and comply with these Terms of Use, please do not use Our Website or Services.


2. Children’s Online Privacy Protection Act. The Website and Services are not directed to or intended for use by persons under thirteen (13) years of age.  You affirm that You are over the age of 13.  If You are under 13 years of age, please do not use the Website or Services.


3. Legal Capacity to Accept Terms of Use.  To access and use the Website or Services, You must be fully competent and of legal age in the applicable jurisdiction to form a binding contract with Us and have not been barred or otherwise legally prohibited from accessing or using the Website and Services under the laws of the jurisdiction in which you are resident or from which You access or use the Website or Services.You hereby affirm that you satisfy these criteria for access to and use of the Website and Services.


4. Changes to the Terms of Use. These Terms of Use are effective as of May 1, 2019.  We expressly reserve the right to change these Terms of Use from time to time as We deem necessary or appropriate because of legal compliance requirements or changes in Our business practice.  When We make a material change, We will indicate that such a change has been made by revising the "Last Updated" date set forth at the end of these Terms of Use.  Nevertheless, We recommend that You review these Terms of Use periodically to remain current on Your legal rights and obligations regarding Your use of Our Website and Services.Your continued use of this Website or the Services after such changes will constitute acknowledgement of the changed Terms of Use and agreement to abide and be bound by such changes.


5. Registration; Account Security; No registration is necessary to access the Website.  However, We provide certain Services which will require You to register with Us in order to have access to them.  Registration to access certain Services will require You to set up an account ("Account") with Us, which requires providing Your email address and other information as requested, which may include but is not limited to, first and last name, username, password (collectively, "Registration Information").  The type of Account You set up will depend on the Service You desire to access or are permitted to access. You agree to (i) provide accurate, current and complete Registration Information, (ii) maintain the security and confidentiality of Your user name and password, (iii) keep your Registration Information accurate, and (iv) assume full responsibility for any and all activities which take place on or through Your Account. You agree not to disclose Your password to any third party.  Our personnel will never ask You for Your password.  You may not have more than one (1) active Account.  You may not transfer or share Your Account with anyone.  You agree not to create any account using a false identity or information.  You also agree not to access an Account on behalf of someone other than Yourself.  You agree to notify Us immediately if You suspect any unauthorized use of Your Account or access to Your password.


6. Suspend or Terminate.  As is more specifically set forth below, We reserve the right to suspend or terminate Your Account if any information provided during the registration process or at any other time proves to be inaccurate, not current or incomplete or You are otherwise in violation of these Terms of Use.


7. Access to Services


a. Free.  Unless otherwise indicated on the Website, access to and use of the Services is provided for free.


 b. Subscription; Subscription Fee.  Access to and use of certain Services requires payment of a fee, as more specifically set forth on the Website (the "Subscription Fee").  Access to Services requiring the payment of a Subscription Fee requires an initial six (6) month subscription (‘Initial Subscription"), to be paid in six (6) equal monthly payments. Upon the expiration of the Initial Subscription, Your access to the Services selected will be automatically renewed on a month-to-month basis at the then-current monthly Subscription Fee applicable to the Services You selected ("Monthly Subscription") unless you cancel as set forth below.  You accept responsibility for all recurring charges related to the Initial and Monthly Subscription.   

 

 c. Cancellation Policy.  

 


 d. Credit Card. If You wish to subscribe to certain Services, You will be required to supply certain information including, without limitation, Your credit card number, expiration date of Your credit card, Your billing address, and the like.  You represent and warrant that: (i) you have the legal right to use the credit card used in connection with the purchase of access to Our Services and (ii) the information You provide in connection with purchase of access to Our Services is true, correct, and complete.


 e. Third-Party Credit Card Processing. We may employ third-party services such as www.Authorize.net to facilitate Your payment for access to Our Services.  By submitting the information necessary to process Your payment, You grant Us the right to provide the information to these third parties, subject to Our Privacy Policy


 f. Refusal. We reserve the right, in Our sole discretion, to refuse Your attempt to access the Basic Services or purchase access to or access Our Services if we suspect fraud or an unauthorized or illegal transaction.


 g. Unauthorized Use. You agree to immediately notify Us of any unauthorized (i) attempt to access the Services on Your behalf, (i) attempt to set up an Account on Your behalf or (ii) use of or access to Your Account.  We disclaim any and all liability for any loss of any kind resulting, either directly or indirectly from any attempted or actual unauthorized access to the Services on Your behalf or use of Your Account or from Your failure to comply with this Section.  


8. Description of Services


a. General.  We are an online platform which enables a User, either an individual or an entity ("Subscriber")  to provide an opportunity for a User which is a 501(c)3 nonprofit organizations (the "Nonprofit")  to receive donations from a Subscriber ("Donation") upon the satisfaction of certain conditions by individual Users contacted by the Nonprofit or Subscriber  ("Supporters").  QuoteRaiser is not a broker, agent, financial institution, creditor or a Nonprofit.  


b. No Endorsement. QuoteRaiser does not endorse any Subscriber or Nonprofit or any campaign or cause of a Nonprofit or business or business practice of a Subscriber.We merely provide a technology platform to allow a Subscriber, with the assistance of a Nonprofit, to connect with a Supporter to present the possibility of the Subscriber making a Donation to a Nonprofit upon the satisfaction of certain conditions by the Supporter. The existence of the Services is not a solicitation of donations by QuoteRaiser and QuoteRaiser does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization or Nonprofit. If You are a Subscriber, You agree that You are solely responsible for making the Donation to the Nonprofit as soon as possible. You agree to fully cooperate with any request We make for evidence We deem necessary to verify Your compliance with these Terms of Service.


c. No Guarantee. By using the Services, You understand and agree that QuoteRaiser makes no guarantee whatsoever that a Supporter will satisfy the conditions necessary to obligate a Subscriber to make a Donation to a Nonprofit or that the Subscriber will actually make a Donation to the Nonprofit upon the satisfaction of the required conditions by the Supporter.  QuoteRaiser is not responsible for the failure of a Supporter to satisfy the conditions necessary to obligate a Subscriber to make a Donation or for the failure to a Subscriber to make a Donation to a Nonprofit upon the satisfaction of the required conditions by the Supporter.


d. Modify or Discontinue. We reserve the sole right to either modify or discontinue the Services, including any of the features of the Services, at any time with or without notice to You and without liability to You or any third party should We exercise such right.  Any new features that augment or enhance the then-current Services or the Website shall also be subject to these Terms of Use.


9. Rights Granted and Restrictions.


 a. Permitted Use. Subject to these Terms of Use and to Your payment of any fee, if applicable, We grant You a nontransferable, nonexclusive, nonassignable, revocable, limited right to access the Website or the Services.  This right is non-transferable and may be exercised exclusively by You.


b. Prohibited Uses. You agree, as a condition of use of the Website and Services, not to use the Website or Services for any purpose that is unlawful, fraudulent or prohibited by these Terms of Use.  You may not use the Website or the Services in any manner that could damage, disable, overburden, or impair Our ability to make available the Website or the Services or interfere with any other party's use and enjoyment of the Website or Services. You may not attempt to gain unauthorized access to any part of the Website or the Services, other Accounts, computer systems or networks connected to the Website or the Services through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information or Content (as defined in Section 13 below) through any means not intentionally made available through the Website or the Services. Except as expressly set forth herein, You may not (i) copy, reproduce, alter, modify, transmit, perform, create derivative works of, publish, sub-license, distribute, or circulate the Website or the Services, the Content, or any associated applications, tools or data thereof; (ii) disassemble, decompile, or reverse engineer the software used to provide the Website or the Services, or use a robot, spider, or any similar device to copy or catalog any materials or information  or Content made available through the Website or the Services; or (iii) take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the Website’s or the Services' control or security systems, or allow or assist a third party to do so.


10. Conduct on Site


a. Use of Website and Services.  Your use of the Website and the Services is subject to all applicable laws, rules and regulations, including without limitation, all industry-specific rules and regulations and You are solely responsible for all Content you submit, post, upload or send (collectively, "transmit") to the Website or the Services.  When accessing the Website or the Services, You agree that You will not transmit any Content, or include a link to Content that:


b. Additional Prohibitions.  In addition, You also agree that You will not:

 


11. Third-Party Sites and Information; Compensation


a. Third-Party Sites.  The Website or the Services may provide links or references through banner advertising or otherwise to other sites on the Internet, including but not limited to, a link which may redirect you to a webpage or website of a Subscriber or Nonprofit, or otherwise include references to information, documents, software, materials and/or services and products provided by third parties (collectively, "Third Party Content"). These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under Our control, and You acknowledge that We are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such Third Party Content, nor are We responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such Third Party Content is provided merely as a convenience and does not, unless otherwise indicated, imply endorsement of, or association with, the site or third party by Us, or any warranty of any kind, either express or implied.  Different terms and conditions and privacy policies may apply to Your use of any other site.  We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use or reliance on any Third Party Content, or products or services available on or through any such third party linked site.   


b. Compensation. QuoteRaiser receives no compensation whatsoever from any individual or entity accessing the Website or Services or from any third party in exchange for providing the Website and Services other than the Subscription Fee from Subscribers. In other words, We do not receive any compensation when a Supporter clicks on a link which redirects the Supporter to a webpage or website of a Subscriber or another third party, nor do we receive any compensation when a Supporter purchases a product or service from a Subscriber or another third party.In addition, QuoteRaiser does not receive any compensation from a Nonprofit or any portion of any Donation made by a Subscriber to a Nonprofit.   


12. Intellectual Property Rights.


a. QuoteRaiser Ownership.  Our Content, including the Website and the Services, may be protected by certain intellectual property and other proprietary rights and laws, international treaties and laws of the United States of America and other jurisdictions. We retain all right, title and interest, including but not limited to, all copyrights, patents, trademarks, service marks, trade secret rights, moral rights and other intellectual property and proprietary rights throughout the world ("Intellectual Property Rights") associated with Our Content, the Website and the Services, including any of Our Intellectual Property we may embed in Your Content.  


b. Third-Party Ownership. Some components of the Website or the Services may be subject to "open source licenses," "free software licenses" or other third-party licenses or provided pursuant to an agreement or with the permission of third parties ("Third-Party Software").  Such Third-Party Software is made available under the terms and conditions of the respective Third Party Software license, agreement or permission granted.  All Intellectual Property Rights in and to such Third-Party Software are retained by the respective third parties.  


c. Limited Right. You acknowledge that You are acquiring only a limited right to use the Content, the Website and Services and not any Intellectual Property Rights to the Content of any party or in or to the Website or the Services or any part thereof.


13. Content.


 a. Definition. For purposes of these Terms of Use, "Content" is defined as any information, data, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and all other forms of data or materials made available on, through or in connection with the Website or the Services by Us, Users and third parties.  For the avoidance of doubt, "Your" or  "User Content" means Content that You or other Users, respectively, transmit to, through or in connection with the Website or the Services which is directly posted to, is posted at Our discretion, or You have given Us permission to post  to, the Website or the Services.  "Our Content" means Content that We create and make available in connection with the Website or the Services other than Your Content, User Content and Third Party Content. "Third Party Content," which includes Third Party Content discussed in Section 11 above, means Content that originates from parties other than Us, You or Our Users.  ("Your Content", "User Content", "Our Content", and "Third Party Content" collectively referred to as "Content").


b. Content Presented to You.

 


c. Use of Content by You.

 


d. Content Provided by You.

 


 e. Use of Content by Us and Others.

 


14.  Unauthorized Use of Content


 a. Notification. We respect the Intellectual Property Rights of others, and We ask You to do the same. If You believe Your (or someone on whose behalf You have the legal right to act) copyright, trademark or other Intellectual Property Rights have been infringed by Content on Our Website or the Services You should send notification immediately to the email address below.  To be effective, the notification must:

 

b. Removal of Infringing Materials.  You acknowledge and agree that upon Our receipt of a notice of a claim of copyright infringement, We may immediately remove the identified materials from Our Website or Services without liability to You or any other party and that the claims of the complaining party and the party that originally transmitted the Content will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.


15. Disclaimer of Warranties


THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW, QUOTERAISER, ITS AFFILIATES, SUBSIDIARIES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS, CONTRACTORS, PARTNERS, LICENSORS, LICENSEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THE WARRANTY OF NON-INFRINGEMENT, IN CONNECTION WITH THE WEBSITE AND THE SERVICES AND YOUR USE THEREOF.  WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTIES OR REPRESENTATIONS (A) THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THAT THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (D) THAT THE SERVICES WILL BE PERMITTED IN YOUR JURISDICTION, (E) REGARDING ANY CONTENT ON THE WEBSITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RELIABILITY OR ACCURACY THEREOF, (F) REGARDING ANY THIRD PARTY’S USE OF CONTENT TRANSMITTED BY YOU TO THE WEBSITE OR THE SERVICES, (G) THAT ANY CONTENT YOU TRANSMIT TO THE WEBSITE OR THE SERVICES WILL BE MADE AVAILABLE ON THE WEBSITE OR SERVICES OR WILL BE STORED BY QUOTERAISER,  (H) THAT WE WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF THE WEBSITE OR THE SERVICES OR (I) REGARDING ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR SERVICES OR ANY HYPERLINKED PRODUCTS OR SERVICES FEATURED IN ANY BANNER OR OTHER ADVERTISING, (J) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE OR THE SERVICES OR A THIRD PARTY WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.


BOTH THE WEBSITE AND THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE WEBSITE OR THE SERVICES, INCLUDING THE PRICES OF THE SERVICES, AT ANY TIME WITHOUT NOTICE. THE CONTENT ON THE WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.


THE USE OF THE WEBSITE AND THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY CONTENT OR SERVICES THROUGH THE WEBSITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


16. Third Party Transactions.


Through Your use of the Website and the Services, You may have opportunities to communicate with or engage in commercial transactions with other Users and third-party product or service providers. You acknowledge that all communications and all transactions relating to any products or services offered by any such party, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between You and  such other User or third-party product or service provider .  WE MAKE NO WARRANTY REGARDING ANY COMMUNICATIONS OR TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE WEBSITE OR THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH COMMUNICATIONS OR TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE OR THE SERVICES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.


17. No Endorsement; Opinions of Third Parties.


Content available on the Website or through the Services, may represent the opinions, advice, judgments or statements of Users or other third parties and not those of QuoteRaiser.  We do not endorse, nor are We responsible for the accuracy or reliability of, any opinion, advice, judgment or statement made by such Users or third parties.   


18. Availability of Website and Services.  


a. Interruptions and Delays. You understand and agree that temporary interruptions of the availability of the Website or the Services may occur as normal events. You further understand and agree that We have no control over third-party networks You may access in the course of Your use of the Website or Services, and therefore, delays and disruption of other network transmissions are completely beyond Our control.


    b. Timeliness. You understand and agree that the Website and the Services are provided "AS IS" and that We assume no responsibility for the timeliness of transmitting any Content to the Website or the Services or the deletion or misdelivery of, or failure to store any Content.   


19. Limitation of Liability


NOTWITHSTANDING ANYTHING SET FORTH HEREIN TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE LIABILITY OF QUOTERAISER, ITS AFFILIATES, SUBSIDIARIES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS, CONTRACTORS, PARTNERS, LICENSORS, LICENSEES AND AGENTS TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED, IN THE AGGREGATE, TO THE AMOUNT PAID, IF ANY, BY YOU TO QUOTERAISER IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE SUCH CAUSE OF ACTION ALLEGEDLY AROSE. YOU AND QUOTERAISER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS OF USE, THE WEBSITE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.  IN NO EVENT WILL QUOTERAISER,  ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING FROM YOUR USE OF THE WEBSITE, THE SERVICES, OR ANY OF THE CONTENT OR OTHER MATERIALS POSTED ON, TRANSMITTED TO, ACCESSED THROUGH, OR OTHERWISE MADE AVAILABLE ON OR THROUGH OR DOWNLOADED FROM THE WEBSITE, OR THE SERVICES, EVEN IF QUOTERAISER,  OR ANY OF ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS OR AGENTS ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR USE OF THE WEBSITE OR THE SERVICES, UNLESS OTHERWISE PERMITTED BY LAW, YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.  


FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THE WEBSITE OR THE SERVICES OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE THIRD-PARTY WEBSITES, INCLUDING WITHOUT LIMITATION, THE PROCESSING OF ORDERS OR ACCESSING CONTENT.


SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IF SO DIRECTED BY LAW.


20. Indemnification


To the fullest extent permitted by law, You agree to fully indemnify, hold harmless and defend Us, Our subsidiaries and affiliates, and each of Our members, managers, directors, officers, agents, advisors, contractors, partners, licensors, licensees and employees from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorneys’ fees and costs), whether or not involving a third-party claim, which arise out of or relate to, directly or indirectly,  Your use, misuse or abuse of the Website or the Services, Your use of, including  reliance on, any Content, Your use of any third-party product or services provided by third parties that are made available by the Website or the Services, or any violation of these Terms of Use or of any law, rule, regulation or order, or the rights of any third party, including without limitation, any violation of any third-party’s intellectual property, privacy right or PII (as defined in the Privacy Policy) arising out of Your use of the Website, the  Services or Content, or Your transmission of or granting Us permission to use Your Content.  This indemnity shall survive any termination of Your use of the Website or the Services.


21. Release.


YOU HEREBY AGREE TO RELEASE QUOTERAISER, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED YOU MAY HAVE OR MAY HEREAFTER ACCRUE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, THE SERVICES, THE CONTENT OR ANY MATERIALS, INFORMATION AVAILABLE THROUGH THE WEBSITE OR THE SERVICES. You hereby waive California Civil Code Section 1542, which provides as follows:  "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 released party." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.


22. Security of Content.  Although We maintain physical, technical, and administrative safeguards that are designed to help protect the Website, the Services and the Content, We cannot and do not guarantee or warrant that any Content you transmit to Us will be secure.  Consequently, any Content You transmit to Us is transmitted at Your own risk.


23. Spam. We may employ automated monitoring devices or techniques to protect Our Users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that We deem inconsistent with Our business purposes. However, such devices or techniques are not perfect, and We will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.


24. Limited Domestic Use; International Use Prohibited


Although the Website and the Services may be accessible worldwide,QuoteRaiser is based in the United States and provides the Website and Services for use by Users only in those jurisdictions in the United States where permitted by applicable law.  Any use or attempted use of the Services outside the United States and in those jurisdictions within the United States where such use is not permitted by applicable law is prohibited and any offer for any product, service and/or information made in connection with the Website or the Services is void outside the United States and in those jurisdictions in the United States where prohibited.

   
25. Termination of Use


a. Termination or Suspension.  You agree that We may, in Our sole discretion, terminate Your Account or suspend Your access to all or part of the Website or the Services with or without notice and for any reason, including, without limitation, breach of these Terms of Use.  Any suspected fraudulent, abusive or illegal activity may be grounds for terminating Your relationship and may be referred to appropriate law enforcement authorities.


b. Access Denied. Upon termination or suspension, regardless of the reason therefore, Your right to use the Website and Services immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your Account, all files in Your Account, and Your Content and/or bar any further access to such Content, files, the Website and the Services. We shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Us in connection with such termination or suspension.  


 c. Refund. Notwithstanding anything set forth herein to the contrary, if We terminate Your access to the Services for any reason other than Your breach of these Terms of Use, You may be eligible to receive a refund of the fees, if any, you paid for any unused Services.


26. Governing Law


The Website and the Services (excluding any linked sites) are controlled by Us from Our offices within the Commonwealth of Pennsylvania, United States of America and can be accessed from all 50 states and the District of Columbia, as well as from other countries around the world. As each of these places has laws that may differ from those of the Commonwealth of Pennsylvania,  by accessing the Website and/or the Services both You and We agree that the laws of the Commonwealth of Pennsylvania,  without regard to the conflicts of laws principles thereof or the United Nations Convention on the International Sales of Goods, will apply to all matters, including but not limited to any legal suit, action or proceeding arising out of or related to these Terms of Use or Your use of the Website or Services.You and We agree and hereby submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction located in Bucks County in the Commonwealth of Pennsylvania with respect to all such matters.   


27. Notices


You agree to receive any and all required notices electronically at the email address provided by You upon registration with Us or otherwise.  All notices to Us shall be in writing and shall be made via email at Support@QuoteRaiser.com.  We may broadcast notices or messages through the Website to inform You of changes to the Website and/or the Services or other matters of importance, and such broadcasts shall constitute notice to You at the time of sending.


28. Entire Agreement


These Terms of Use constitute the entire agreement and understanding between You and Us concerning the subject matter of these Terms of Use and supersede all prior agreements and understandings of the Parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by You and Us. To the extent that anything in or associated with the Website or the Services is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.


29. Service Support. If You need assistance regarding Your use of the Services, please email Us at Support@QuoteRaiser.com.


30. Taxes.  All payments required by these Terms of Use are exclusive of taxes except sales tax, when required pursuant to applicable law.  You agree to be responsible for the payment of all other taxes, duties, tariffs, and the like, if any, resulting from Your payments to Us pursuant to these Terms of Use.  

 

31. Miscellaneous


 a. Assignment. You may not assign Your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void ab initio. We may freely assign Our rights and obligations under these Terms of Use.


 b. Force Majeure. In addition to any excuse provided by applicable law or as set forth in these Terms of Use, We shall be excused from liability for non-delivery or delay in delivery of the Website and the Services available through Our Website arising from any event beyond Our reasonable control, whether or not foreseeable by either You or Us, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, cyber attack or breach, and other causes or events beyond Our reasonable control, whether or not similar to those which are enumerated above.


c. No Third Party Beneficiaries.  These Terms of Use are exclusively for the benefit of the Parties, and it may not be enforced by any party other than You or QuoteRaiser.  These Terms of Use shall not give rise to liability to any third party other than the authorized successors and assigns of You and QuoteRaiser. 


d. Severability. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Parties, and the remaining portions shall remain in full force and effect.


 e. No Waiver. Any failure by Us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.


32. User Disputes.  You agree that You are solely responsible for Your interactions with any other User in connection with the Services and You agree that QUOTERAISER will have no liability or responsibility with respect thereto. QUOTERAISER reserves the right, but has no obligation, to become involved in any way with disputes between You and any other User of the Services.


33. Contact Information


Except as may be explicitly set forth on the Website, the Website and the Services available through the Website are offered by or through QuoteRaiser, LLC, a Pennsylvania limited liability company.  If You notice that any User is violating these Terms of Use or You have any questions about these Terms of Use, please contact Us via email at Support@QuoteRaiser.com.   

 

Last Updated: May 1, 2019.