The following Terms (as defined below) for the RXfundraising Program (as defined below) and the rxfundraising.com site is a legal contract between you, an individual user (a "Supporter") or an Eligible Organization (as defined below) (collectively "you") and RXfundraising ("RXfundraising") regarding your participation in the RXfundraising Program and use of the rxfundraising.com site, PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE RXFUNDRAISING PROGRAM (AS DEFINED BELOW) AND/OR USING THE RXFUNDRAISING.COM WEB SITE. By signing up for the RXfundraising Program, you signify your assent to these Terms of Service, including any Guidelines (as defined below) (collectively the "Terms and Conditions" or "Terms"). If you do not agree to these Terms of Service, please do not participate in the RXfundraising Program or use the RXfundraising site. RXfundraising reserves the right, at our discretion, to change, modify and/or to remove portions of these Terms and Conditions and the terms and conditions of any Program at any time. In the event that RXfundraising materially changes, materially modifies, and/or removes material portions of these Terms, RXfundraising will post notice of such change on the rxfundraising.com site, and you will be required to affirmatively agree to the modified Terms the next time that you log-in to the rxfundraising.com site. Any such changes shall be effective immediately once posted on the rxfundraising.com site. You agree to receive notification of modifications to these Terms via the email address that you provide to RXfundraising, if any. Please check these Terms and Conditions periodically for changes. When participating in the RXfundraising Program and/or using the rxfundraising.com site, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All Guidelines are hereby incorporated by reference into these Terms and Conditions.
In order to use the RXfundraising Program and/or the rxfundraising.com site, you must be the age of majority in your jurisdiction and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. You represent that you meet the eligibility requirements in this Section. In any case, you affirm that you are over the age of 18, as the RXfundraising Program and the rxfundraising.com site are not intended for anyone under 18.
If you are an individual that is using or opening (enrolling) an account on the rxfundraising.com site on behalf of a company, entity, or organization (collectively "Eligible Organization"), then you represent and warrant that you are an authorized representative of that Organization with the authority to enroll and bind such Organization to these Terms and agree to be bound by these Terms on behalf of such Organization. Enrolled Organizations are also subject to the Enrolled Organization Terms which are incorporated by reference herein.
RXfundraising operates various opportunities for Organizations, including: (1) RXfundraising Prescription, and (2) RXfundraising Retail, (collectively referred to as the "RXfundraising Program" or "Programs"). RXfundraising may add additional Programs in its sole discretion, the terms and conditions for which are hereby incorporated by reference. RXfundraising has established the Program to benefit United States organizations. Organizations will receive contributions from RXfundraising in connection with the Program.
Participating partners may impose certain limitations or restrictions upon their participation in the RXfundraising Program, including, without limitation, by limiting the categories of purchases that are eligible to earn contributions, by setting overall contribution limits or regional contribution limits. If an Organization fails to comply with any restrictions imposed by the participating partners, RXfundraising is not obligated to pay contributions to the Eligible Organization. RXfundraising reserves the right to discontinue or alter the Terms and Conditions of the Program, including the participating partners, the contribution amounts without prior notice.
RXfundraising provides a number of services to Organizations including, but not limited to: reporting tools, marketing support and promotional campaign assistance.
You must enroll as a registered user to participate in the RXfundraising Program. If your enrollment is incomplete and does not designate a group affiliation, you will be automatically registered to support a RXfundraising Enrolled Organization that supports the education of youth as determined by RXfundraising or as determined by contributing partners. You may change this affiliation at any time by contacting RXfundraising.
Once enrolled in the RXfundraising program, you agree to participate in the RXfundraising Program in accordance with RXfundraising policies and procedures in effect at that time. You represent and warrant that the information you provide to RXfundraising upon registration and, at all other times, will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. You acknowledge, consent, and agree that RXfundraising may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) provide certain customized features of the RXfundraising Program to you, if any, or respond if you contact RXfundraising for any reason; or (d) protect the rights, property, or personal safety of RXfundraising, its users, and the public. You will not use the RXfundraising Program in a manner that is prohibited by law, rule or regulation. You agree not to (a) sell, resell, rent or lease access to the RXfundraising Program and/or rxfundraising.com site, (b) interfere with or disrupt the integrity or performance of the rxfundraising.com site or third-party data contained therein, or (c) attempt to gain unauthorized access to the rxfundraising.com site or its related systems or networks.
Limitations and Restrictions
You understand that RXfundraising does not operate or control the products or services offered by participating partners. The partners are responsible for all aspects of order processing, fulfillment, billing and customer service. RXfundraising is not a party to the transactions entered into between you and participating partners. YOU AGREE THAT PARTICIPATION IN THE RXFUNDRAISING PROGRAM IS AT YOUR SOLE RISK AND THAT THE RXFUNDRAISING PROGRAM IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, PARTNERABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL RXFUNDRAISING OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND PARTICIPATING PARTNERS OR FOR ANY INFORMATION APPEARING ON PARTNERS SITES OR ANY OTHER SITE LINKED TO THE RXFUNDRAISING.COM SITE. IN NO EVENT SHALL RXFUNDRAISING NOR ITS AFFILIATES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THE RXFUNDRAISING PROGRAM OR THE RXFUNDRAISING.COM SITE OR FROM THE FAILURE TO MAKE CONTRIBUTIONS TO THE DESIGNATED ELIGIBLE ORGANIZATIONS, REGARDLESS OF WHETHER RXFUNDRAISING OR ITS AFFILIATES WERE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. IN NO EVENT SHALL RXFUNDRAISING OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE RXFUNDRAISING.COM SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED FIFTY DOLLARS ($50 USD). YOU AUTHORIZE RXFUNDRAISING AND ITS AFFILIATES TO PERFORM ALL ACTIONS NECESSARY HEREUNDER, INCLUDING WITHOUT LIMITATION, THE DIRECTING OF CONTRIBUTIONS TO AN ELIGIBLE ORGANIZATION DESIGNATED BY YOU.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
All trademarks, logos and service marks ("Marks") displayed on the rxfundraising.com site are the property of RXfundraising and other parties. You are prohibited from using any Marks for any purposes without the written permission of RXfundraising or such third party, which may own these Marks. All information and content on the rxfundraising.com website, including software programs available on or through the rxfundraising.com site ("Content") is protected by copyright. Except as expressly permitted herein, you are prohibited from copying, modifying, distributing, transmitting, displaying, publishing, selling, licensing, and creating derivative works of or from using any Content available on or through the rxfundraising.com site for any purpose.
If a dispute arises between you and RXfundraising, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and RXfundraising agree that we will resolve any claim or controversy at law or equity that arises out of these Terms or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.
Choice of Law/Forum
These Terms shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California, without regard to conflict of law provisions. You agree that any Claim or dispute you may have against RXfundraising must be resolved by the federal and state courts located in Fresno County, California, except as otherwise agreed by the parties or as described in the "Arbitration Option" paragraph below. You agree to submit to the personal jurisdiction of the courts located within Fresno County, California for the purpose of litigating all such Claims or disputes. Notwithstanding the foregoing, RXfundraising may consider reasonable requests to resolve such disputes through binding arbitration as an alternative to litigation.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may be assigned or transferred by RXfundraising without restriction. You are not permitted to assign or transfer your rights hereunder without the prior written consent of RXfundraising. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. These Terms (including all other terms on the rxfundraising.com web site which are incorporated by reference) constitute the entire agreement between you and RXfundraising, and completely replace any prior agreements between you and RXfundraising in relation to the RXfundraising Program and the rxfundraising.com site. These Terms may not be amended or varied by you except in writing, signed by an authorized representative of RXfundraising. You and RXfundraising are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
RXfundraising is a Sopaev, Inc. company.