Effective Date: 1, March 2020 Last Updated: 14, May 2020

 

This Web site is provided to you by HeroRaise, LLC (hereinafter sometimes referred to as "HRL" or "we").   Access to and use of this web site (hereinafter sometimes referred to as the “Site”) and the services, tools and documentation available at this web site are subject to the following terms and conditions as set forth in this notice. By clicking “I agree” (or “I consent”) or by accessing or using the web site or uploading/downloading materials to/from the web site, you agree to be legally bound by the terms and conditions set forth below as well as the HRL Privacy Policy, Copyright Policy and Cookie Policy as such may be modified from time to time. Please review them carefully. If you do not agree to the terms, do not use this Web site.   "You" or "Your" refers to the user and the user's employer or entity as well as the individual(s) using the Account Information of your organization.

 

1. Your Agreement.  The Site is owned and operated by HRL and is made available to you only for informational and business purposes. By accessing or using this Site, you are further agreeing that your use of the Site is at your own risk.  You should visit this page periodically to review the most current Terms and Conditions.

 

2. Your Use of Site.  Subject to the terms of the agreement(s) between HRL and your employer or other organization, HRL grants you a limited, non-transferable, non-exclusive right to access and use  the Site via a web browser for your personal or internal business use only (collectively the “HRL Service”). Any other use of Site Content, without the prior written permission of HRL is prohibited.  You may not sell, transfer or assign any rights, content or materials provided by HRL via the Site without the express written consent of HRL.

 

HRL retains all rights and controls over the HRL Service and only makes them available for access. Unless otherwise specified, you may not modify, copy, distribute, transmit, reproduce, publish, license or sublicense, create derivative works from, transfer, or sell any information, software, text, images, or other content of any type ("Site Content") obtained from the Site.    

 

You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of, participate in the transfer or sale of, publicly perform, or in any way exploit any of the Site Content, in whole or in part, outside of the specific usage rights granted to you by HRL as described in these Terms and Conditions. You may not to use the Site in any manner that interferes with HRL's normal operations or with the use and enjoyment of another user. You agree to use the Site and the services only for their intended lawful purpose and in accordance with applicable laws.  

 

3. Account.  Heroes (persons meeting such criteria as HRL may establish for Heroes and approved by HRL) and Providers (persons or entities offering goods and/or services to a Hero pursuant to agreements between Provider and Hero) may establish accounts.  You are responsible for security of the username and password associated with any account you set up and are solely responsible for all activity under that account.

 

4. Profiles and Campaigns. You understand and agree as follows:

 

  • Hero and Provider shall submit only truthful information in establishing an account, setting up a profile, submitting content, describing a need or a service, setting a goal or target for a campaign.

 

  • Targets or goals, identity of provider, nature of goods and services and identity of Hero cannot be changed for a campaign once launched unless previously approved by HRL.

 

  • Donations made by Donors toward a campaign shall be allocated to an account associated with the campaign.  Monies received into an account associated with a campaign from any source may not be transferred, withdrawn by the Hero or withdrawn by the Donor.  Monies received into an account associated with a campaign will not be released to the Provider identified in connection with the campaign unless requested by the campaign organizer or intended recipient. 

 

  • Any tax obligations arising from the Donations, collection and holding of the Donations and release of monies to Providers shall be the responsibility of the Hero, Provider and/or Donor as the case may be, but in no event shall be the responsibility of HRL.  In the event that any tax liability or obligation is imposed upon HRL by reason of or arising from the Donations, collection and holding of the Donations and release of monies to Provider(s), HRL may deduct from the monies in an account associated with a campaign a portion of such account reflecting such tax liability or obligation and, if HRL has already  released monies from an account to Provider(s), the portion of such monies reflecting such tax liability or obligation shall be refunded by such Provider(s) to HRL upon demand.

 

  • Arrangements between Provider and Hero regarding to goods and/or services to be provided relating to a campaign are contractual and are solely between Hero and Provider and HRL is not party to those contractual arrangements and HRL shall have no liability or responsibility for any failure on the part of Provider to provide goods and/or services. Provider’s agreement with Hero shall include an agreement on the part of the Provider to make the identified, agreed-upon goods or services available to Hero for a period of 12  months for the price (i.e., the target or goal) identified and agreed-upon. Provider shall use any funds released from an account associated with a campaign solely to provide the previously agreed-upon goods and/or services identified in the campaign to the Hero identified in and associated with the campaign and not for any other purpose or for the benefit of any other person.

 

  • Hero shall promptly notify HRL and Provider of any change in circumstances (including, but not limited to, change in medical condition, satisfaction of the need from another source, etc.) that renders the campaign no longer practicable.

 

  • Provider shall promptly notify HRL and Provider of any change in circumstances (including, but not limited to, change in licensure, retirement, bankruptcy, cessation of business, change in Hero’s medical condition, etc.) that renders the campaign no longer practicable.

 

  • HRL may, in its sole discretion, elect to reject, cancel, suspend or terminate an account or campaign for any reason (including, but not limited to, lack of candor and truthfulness, violation of these terms and conditions, death, incapacity, or withdrawal of Provider or Hero, and passage of time without completion of campaign goal) and at any time. In the event that HRL elects to terminate a campaign prior to monies being released to Provider(s), HRL will refund or cause to be refunded to the Donors the Donations, less the Fees set forth in Para. 5 below. Donors understand and agree that except as set forth herein in the case of cancellation of campaigns by HRL in HRL’s sole discretion, all Donations are non-refundable. 

 

  • Hero is solely responsible for the selection of the Provider and HRL does not make any representation, warranty or promise regarding Provider’s credentials, skill, and/or Provider’s goods or services.  The appropriateness of the goods or services being offered Provider for Hero or his/her situation and/or the quality of Provider’s goods or services and any outcome are solely between Hero and Provider and it is agreed and understood that HRL shall have no liability or responsibility whatsoever.

 

 

  • No campaign may remain active more than 12 months.

 

  • Hero understands and agrees that any information places on the Site (including any personally identifiable information and/or health related information) will be made public and viewable and Hero consents to making that information public and, further, waives any claim against HRL arising from or relating to the publication, use, posting and/or dissemination of such information.  Hero further understands and agrees that in some circumstances the mere association of Hero’s name, likeness or other identifying information with the Provider or with a campaign may reveal otherwise protected information and/or health related information and Hero consents to making that information public and, further, waives any claim against HRL arising from or relating to the publication, use, posting and/or dissemination of such information.  

 

  • Provider understands and agrees that HRL is not a business associate of Provider with respect to the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

 

5. Fees. We charge 5% in addition to any fees charged by our payments partners.

6. Site Use.  HRL reserves the right to suspend, cancel or discontinue the Site or any feature provided on the Site in whole or in part, or with respect to any individual user at any time without providing notice and without being liable to any user.   You further understand and acknowledge that any web site is subject to (a) planned downtime, or (b) any unavailability caused by circumstances beyond HRL’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, material shortages, delays in transportation, strikes or other labor problems, Internet service provider failure or delays, or denial of service attacks.

 

7. Hosting/Transmitting Content on/through the Site.  Any communication or material submitted to this we site may be used and disclosed as set in the current HRL Privacy Policy, including by disclosure of personal information submitted by you.

 

8. Prohibited Conduct.  You agree that you will use the HRL Service in compliance with all applicable local, state, national, and international laws, rules and regulations.  You will not, shall not authorize, or shall not encourage any third party to: (i) use the HRL Service for any fraudulent or inappropriate purpose; (ii) to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is other objectionable as reasonably determined by HRL; (iii) use any robot, spider, other automated device, or manual process to monitor or copy any content from the HRL Service; (iv) resell, duplicate, make derivative works of, reproduce or exploit any part of the HRL Service without express written permission of HRL; (v) rent, lease, distribute or resell the HRL Service, or use the HRL Service for developing a competitive solution (or contract with a third party to do so), or remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the HRL Service; (vi) decipher, decompile, hack, delete, augment, alter, disassemble or reverse engineer any of the software comprising or in any way used or downloaded from the HRL Service. In addition, the following are all prohibited: (a) framing, (b) using engines, tools, software bots and other automated devices to search the Site; (c) aggregating, copying or duplicating material or information provided on the Site beyond the scope permitted herein; and/or (d) using the Site in any way to engage in misappropriation of trade secrets, tortious interference or any other tortious, illegal or improper activity.  

 

9. Links to Other Sites.   The Site will not normally contain links to other sites, but in the event that such links are included, please be aware that we do not endorse or otherwise accept responsibility for the content or privacy policies of those sites.  You acknowledge that such other sites or locations are not under the control of HRL and you agree that HRL shall not be responsible for any information or additional links found at such other site or location, or for your use of such information. HRL has not endorsed, tested or verified any information or programs found at such sites.

 

10. Removal from Site.  HRL reserves the right to immediately terminate your access to the Site without notice or opportunity to cure if you fail to abide by these Terms and Conditions. 

 

11. Intellectual Property Rights.  You acknowledge that HRL owns all right, title and interest in and to the HRL Service and all modifications and/or enhancements to the HRL tools including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws.  

 

Distribution, transmission, modification, copying, reproducing or any other type of use of the Site Content for commercial, public or private purposes is prohibited without the prior express written permission of HRL.  Further, you agree that you have no right to use any trademarks, service marks or logos displayed on the Site without the prior express written permission of HRL. Except as noted herein, no right or license is granted under any copyright, patent or trademark of HRL to any other party. 

 

You represent, warrant and promise that you will not post any content on or in connection with your account that infringes any third party intellectual property or proprietary right; You grant HRL an irrevocable, worldwide, royalty-free license to host, copy, use, modify, transmit and edit any content you post to your account.  You acknowledge and agree that HRL has no responsibility or liability with respect to any errors or omissions with respect to your content.

 

12. Digital Millennium Copyright Act.  HRL complies with the Digital Millennium Copyright Act.  See HRL’s Copyright Policy for details.

 

13. Release of HRL.  Setting up an account (whether Provider or Hero) and/or donating to a campaign shall constitute a release by you of HRL from claims, damages and demands of every kind, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or any way related to a campaign, a Hero’s profile or a Provider’s profile, your account, donation(s) to a campaign, content or data, the provision of services by a Provider or the distribution or handling of funds or your use of this Site.  To the extent permissible by applicable law, you hereby waive any and all rights under California Civil Code § 1542 (and under other statutes or common law principles or similarly worded statute of similar effect in any other state or federal statute), which reads 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.

 

14. Disclaimer of Warranties.  THE INFORMATION IN THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. HRL SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR TECHNICAL INACCURACIES IN THIS WEB SITE.  All content is subject to change. Without limiting the foregoing, HRL neither warrants nor represents that your use of any Site Content will not infringe the rights of any third parties nor that the Site Content will be accurate, complete, up-to-date or available for your use when desired. The information found on this Web site is constantly being updated. Users are responsible for checking the site on a regular basis to keep up with these changes.  You expressly acknowledge and agree that HRL does not warrant and makes not representation or promise regarding the following:

 

  • The truthfulness, accuracy or completeness of any Hero Profile, campaign, Provider profile, Provider credentials;

 

  • The deductibility or other tax implications of any donation;

 

  • The charitable or non-charitable nature of any campaign, donation or service.

 

15. Limitation of Liability and Damages.  YOUR USE OF THE SITE AND ANY INFORMATION PROVIDED ON THE SITE IS AT YOUR OWN RISK.  IN NO EVENT SHALL HRL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR BREACH OF SECURITY WITH RESPECT TO YOUR DATA. LOSS OF BUSINESS INFORMATION AND OTHER PECUNIARY LOSS AND COSTS OR LEGAL EXPENSES), OR ANY DAMAGES WHATSOEVER, EVEN IF HRL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, MATERIALS, SITE CONTENT AND USER CONTENT AVAILABLE FROM THIS SITE.  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you, but shall be enforced to the fullest extent permitted under law. THE AGGREGATE LIABILITY OF HRL WITH RESPECT TO THIS AGREEMENT IS LIMITED, TO THE EXTENT POSSIBLE UNDER APPLICABLE LAW, TO THE FEES COLLECTED BY HRL FROM YOU AND/OR YOUR ORGANIZATION OR EMPLOYER PURSUANT IN THE SIX (6) MONTHS PRECEDING THE IMPOSITION OF LIABILITY. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING IS A REASONABLE ALLOCATION OF RISK.

 

HRL shall not be liable for any viruses, Trojan horses or other damage to computer equipment, data or software arising from your use of the Site.

 

16. Indemnification.  You agree to indemnify, defend, and hold harmless HRL, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs resulting from: (a) any violation of these Terms and Conditions and/or (b) any activity related to your  access to the Site (including, but not limited to, conduct by you or any other person accessing the Site using your internet account or computer).  

 

17. Restricted Rights. The content of the Site may be subject to restricted rights.  Use, duplication, or disclosure by the Government may be subject to restrictions imposed by applicable law.  Use by the Government constitutes acknowledgement of HRL's proprietary rights therein. 

 

18. Law and Jurisdiction.  These Terms and Conditions and your use of the Site are governed by the laws of the State of Michigan, without regard to its choice of law provisions. IN NO EVENT SHALL THESE TERMS AND CONDITIONS BE SUBJECT TO THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. The courts of general jurisdiction located such a locale will have jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms and Conditions and the Site or in which these Terms and Conditions and/or the Site are a material fact.  You consent to personal jurisdiction in all courts in the State of Michigan for in any action disputes arising out of, relating to, or concerning these Terms and Conditions and the Site or in which these Terms and Conditions and/or the Site are a material fact. You also consent to personal jurisdiction of an arbitration panel or arbitrator in Michigan pursuant to Section 25 below.

 

19. Modification and Termination.  By providing Site Content, HRL does not promise that the Site Content will remain available to you.  By using this Site, you agree to accept and abide by these Terms and Conditions. HRL may revise or modify these Terms and Conditions from time to time and post such revisions or modifications on this page.  If these Terms and Conditions are revised, the revised Terms and Conditions will be posted here with the date of the most recent version posted above. Continued use of the Site after any such revision or modification constitutes your acceptance of the Terms and Conditions as so revised or modified, and the revised or modified terms will completely replace any prior version of this agreement or other legal agreement regarding the same subject matter between you and HRL.  

 

HRL may end this legal agreement with you at any time if you violate the terms of the agreement, if HRL is required to do so by law, or if HRL determines, in its sole discretion, that it is no longer commercially viable or otherwise advisable to continue offering you access to the Site.  HRL shall have the right to assign or transfer any rights or licenses granted by these Terms and Conditions.    

 

20. Governing and Entire Agreement.  Terms and Conditions and the HRL Privacy Policy, Copyright Policy and Cookie Policy shall govern your legal relationship with HRL with respect to this Site and shall constitute the entire agreement between you and HRL with respect to the subject matter hereof and supersedes all prior representations, agreements and understandings, written or oral.  Hero- Provider agreements regarding services and goods to be provided are separate and distinct. 

21. Contact Information.  If you have any questions about this the practices of this Web site or your dealings with this Web site, you can contact:

Webmaster

HRL

e-mail info@heroraise.com

 

22. Limitation to Adults.  The use of this site is intended to be limited to persons in the United States who have reached the age of 18 or the age of majority in such person's location, whichever is later.

 

23. Import and Export Compliance. You may not use or otherwise export or re-export the Site or Site Content except in compliance with U.S. laws and the laws of any other applicable jurisdiction.  You represent and agree that your use of the Site and Site Content will comport with all applicable law.

 

24. Geographic Restrictions. The owner of the Web site is based in the state of Michigan in the United States.   The information you submit via this Web site may be stored in a location outside the jurisdiction in which you submit it and, as such, may be stored and/or processed in a jurisdiction in which data protection and data privacy laws differ from those of the jurisdiction in which you reside or from which you submitted the information.  By using this site, you consent to such usage. If you access the Web site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

25. Arbitration. To the extent permitted by applicable law, at HRL's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the web site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration in Michigan under the Rules of Arbitration of the American Arbitration Association applying Michigan law with the final arbitration decision being enforceable by any court of competent jurisdiction.

 

26. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

27. Waiver and Severability. No waiver by HRL of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HRL to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms and Conditions  is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect. 

 

 

Copyright © 2020 HeroRaise, LLC,  All Rights Reserved.