Terms and Conditions

Terms of Use

Agreement between user and www.VerticalRaise.com (Vertical Raise, LLC)

Welcome to www.VerticalRaise.com. Vertical Raise provides a fundraising software platform that allow users to effectively manage their fundraiser, collect donations, and process fundraiser sales for their school, team, event, or organization (the “Service”). The www.VerticalRaise.com website (the “Site”) is comprised of various web pages operated by Vertical Raise The existence of the Site or any donation web page created by a school, team, organization or individual member of a school, team or organization does not constitute a solicitation of donations by Vertical Raise; Vertical Raise does not engage in any solicitation activities on behalf of any school, team, event or organization. www.VerticalRaise.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.VerticalRaise.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Privacy

Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Your Account

We provide this Service to teams, groups, and organizations conducting fundraisers that have been authorized by Vertical Raise. Authorized groups and individuals will receive an account code that must be input in order to provide further access. Any attempt to gain unauthorized access is prohibited.

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Vertical Raise is not responsible for third party access to your account that results from theft or misappropriation of your account. Vertical Raise reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in its sole discretion. Vertical Raise does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Vertical Raise only with the involvement of a parent and guardian who agrees to be bound by these Terms of Use.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.VerticalRaise.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Vertical Raise that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner, which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Copyright

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Vertical Raise or its suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Vertical Raise content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Vertical Raise and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Vertical Raise or our licencors except as expressly authorized by these Terms.

Electronic Check Processing

When you donate to the fundraiser by check, you authorize us to electronically process your check using the information on your check. If we electronically process your check instead of depositing your check, the electronic debit to your checking account may be on the same day we receive the check by transmitting the amount of the check, routing and transit number and check number to your bank. Electronically processing your check makes us better stewards. During the duration of the fundraiser, Vertical Raise has the right to deposit checks or electronically process checks that are written to the fundraiser payee name, fundraiser name, team name, school name, or booster club name on behalf of the fundraiser.

Payments/Fees

Vertical Raise allows teams, groups, and organizations to receive and process donations for their fundraiser via our online software platform, campaign fundraiser coach, and flyer donation feature. A service fee will be charged by Vertical Raise in exchange for the Vertical Raise service. The service fee includes all labor, programming, marketing material, advertising, corporate sponsorship’s, and telemarketing costs.

Fee Schedule

  • Service Fee depends on type of fundraiser. Service fee includes all credit card processing fees.

Vertical Raise will hold any funds received through online donations and mobile fundraiser sales in a non-operating “TRUST” bank account for the duration of the fundraiser. Vertical Raise will thereby remit funds to the designated group, team, or organization by check or electronic bank transfer upon the conclusion of the fundraiser campaign, less a percentage service fee of all donations. Vertical Raise service fee will be contractually agreed upon with organizations prior to the start of the fundraiser. This service fee will be withheld from all donations by Vertical Raise in exchange for services rendered.

Not-For-Profit Fundraisers Only

Vertical Raise only allows 501(c)3 non profit organizations to run fundraisers on our platform. Vertical Raise do not allow individuals to run fundraisers or for profit groups, teams, schools, or organizations. Vertical Raise will not write checks or electronic bank transfers to individuals or for profit groups, teams, schools, or organizations.

Refund Policy

If the fundraiser that you have donated to has ended Vertical Raise will not be able to process a refund. If the fundraiser you donated to is still active and the donation amount was made in error then Vertical Raise will be able to process a refund. Users agree that they will not use an unauthorized credit card in making transactions on the Vertical Raise site. Transactions are only subject to dispute if unauthorized use of the donor’s payment card is proved. If you become aware of fraudulent use of your card, please notify your card provider immediately.

Electronic Communications

Visiting www.VerticalRaise.com or sending emails to Vertical Raise constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Links to third party sites/Third party services

www.VerticalRaise.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Vertical Raise and Vertical Raise is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

Vertical Raise is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Vertical Raise of the site or any association with its operators. Certain services made available via www.VerticalRaise.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.VerticalRaise.com domain, you hereby acknowledge and consent that Vertical Raise may share such information and data with any third party with whom Vertical Raise has a contractual relationship to provide the requested product, service or functionality on behalf of www.VerticalRaise.com users and customers.

User Content

Vertical Raise does not claim ownership of the materials you provide to www.VerticalRaise.com (including feedback and suggestions) or post, upload, input or submit to any Vertical Raise Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Vertical Raise, our affiliated companies and necessary sub-licenses permission to use your Submissions in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions. Vertical Raise is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Vertical Raise’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You represent and warrants that the your Submissions do not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary of any third party.

User agrees that the user’s Submissions to Vertical Raise you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; and user further agrees that the user’s Submissions will not include any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Vertical Raise does not control or endorse the content, messages or information found in any Communication Service and, therefore, Vertical Raise specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Vertical Raise has no obligation to monitor the Communication Services. However, Vertical Raise reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Vertical Raise reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Third Party Accounts

You will be able to connect your Vertical Raise account to third party accounts. By connecting your Vertical Raise account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Vertical Raise from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through www.VerticalRaise.com in any in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Vertical Raise, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any Submissions made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Vertical Raise reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Vertical Raise in asserting any available defenses.

Liability Disclaimer

PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. VERTICAL RAISE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VERTICAL RAISE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VERTICAL RAISE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. VERTICAL RAISE MAKES NO REPRESENTATION AS TO WHETHER ALL OR PART OF YOUR ONLINE DONATIONS ARE TAX DEDUCTIBLE.

Termination/access restriction

Vertical Raise reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Idaho and you hereby consent to the exclusive jurisdiction and venue of courts in Idaho in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vertical Raise as a result of this agreement or use of the Site. Vertical Raise’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Vertical Raise’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Vertical Raise with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Vertical Raise with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Vertical Raise with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

Vertical Raise reserves the right, in its sole discretion; to change the Terms under which www.VerticalRaise.com is offered. The most current version of the Terms will supersede all previous versions. Vertical Raise encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

www.VerticalRaise.com

1424 Sherman Ave #400 Coeur d’Alene, ID 83814

[email protected]