1. Acceptance
Your use of the RapidFundraising Fundraising LLC (“RapidFundraising”) website, platform and service (collectively, the “Service”) constitutes binding acceptance of the Terms of Service (TOS), including any future modifications.
Acceptance of the TOS will constitute a binding and enforceable agreement between you (individually and in your individual capacity as an employee, officer, agent, partner, etc. of each organization you represent in connection with any use of the Service) and RapidFundraising (the “Agreement”). By using the Service, you acknowledge and agree that you have fully read and agree to be bound by the provisions of the Agreement. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using the Service. Although the registration process requires you to “click-through” or otherwise affirmatively agree to be bound by the provisions of this Agreement, this Agreement is binding on you by your use of the Service, regardless of whether or not you choose to register.
We may modify the TOS at any time without notice to you by posting revised TOS.
2. Contact from RapidFundraising
By registering, you expressly consent to receive SMS text messages from RapidFundraising. These messages may entail charges from your telecommunications provider. RapidFundraising will only contact you on behalf of your selected nonprofit institution for fundraising or related administrative purposes.
3. Service
RapidFundraising is a platform that empowers nonprofits to expand the impact of fundraising campaigns. RapidFundraising provides the Service to assist with nonprofit fundraising activities. The Service is for personal, non-commercial use. Any other use of the Service is unauthorized and prohibited. The Service is to be used for nonprofit fundraising purposes only and may not be used to solicit the sale of goods services in any manner.
By using RapidFundraising, you understand and agree that the Service may include certain communications to you from RapidFundraising, such as service announcements, administrative messages and other related communications. You agree that the Service may include communications to the potential donor contacts that you and other participants provide to RapidFundraising. By providing the potential donor contact information, you agree that RapidFundraising may contact these potential donors on your behalf, on behalf of the sponsoring nonprofit organization, or on its own, for fundraising or administrative purposes.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS.
4. Restrictions
RapidFundraising reserves the right to take any remedial action including user account termination and the right to terminate this Agreement for unauthorized, prohibited, harmful, abusive, or otherwise objectionable user behavior. Users may not use the platform to solicit the sale of goods or services in any manner. RapidFundraising retains the right to ban users who engage in such conduct.
Users represent that they are U.S. persons and are of legal age to consent to the TOS. Children under 13 are not permitted to use RapidFundraising on their own. RapidFundraising does not knowingly collect any personal information from children under 13 and children under 13 are not permitted to register for an account or use the Service. If you believe that a child has provided us with personal information, please contact us at info@rapidfundraising.com and the information will be deleted.
Users are not allowed to distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters.
Users are prohibited from taking any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone while using the Service. Users are prohibited from posting information known to be false, misleading, or inaccurate. Such action is grounds for termination of the user’s ability to use the Service.
All information submitted in the process of using the Service, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
5. Ownership
As between the parties, RapidFundraising retains title to, exclusive ownership of, and all proprietary rights with respect to the Service. Any rights granted to the User hereunder with respect to the Service are licensed and are not sold.
Except as set forth herein, RapidFundraising agrees: (i) to hold User’s nonpublic information and any information derived therefrom in strict confidence and use all reasonable efforts with respect to the handling and protection of such confidential information (including, without limitation, all precautions it employs with respect to its own confidential information); and (ii) to only use such nonpublic information in its performance of its obligations under this Agreement and its exercise of those rights set forth in this Agreement.
6. Privacy Notice
RapidFundraising provides this privacy notice to comply with its duties under state and federal law to comply with duties to protect sensitive personal information. RapidFundraising has implemented and maintains reasonable privacy procedures, including taking appropriate corrective action, to protect from unlawful use or disclosure of any sensitive personal information collected or maintained by the Service in the regular course of business. RapidFundraising destroys or arranges for the destruction of customer records containing sensitive personal information within the business’s custody or control that are not to be retained.
This Privacy Notice describes and governs how RapidFundraising collects, uses, shares, and protects information collected in the context of the Service. Before you use or submit any information through or in connection with the Service, please carefully review this Notice. By using any part of the Services, you acknowledge the collection, use, and disclosure of your information as outlined in this Notice.
By registering, you agree to receive communications from RapidFundraising. Your phone number and other information that is retained for the functioning of the Service is not used by RapidFundraising for commercial marketing or any other purpose other than the associated fundraising campaign. You are not required to enter your phone number in order to participate in fundraising. You may opt out at any time.
You can choose to provide us with information relating to other parties (“Third-Party Data”). For example, if you choose to share your fundraiser with family and friends through our Platform’s texting services. If you use any feature of the Services that allows RapidFundraising to communicate with other parties on your behalf (such as to communicate with them regarding a fundraiser or a donation), either by submitting Third-Party Data tor otherwise permitting the Service to automatically access Third-Party Data in your possession, you acknowledge, represent, and agree (a) that you have the authority of the relevant other party for us to access and use the relevant Third-Party Data, and (b) that you have notified these other parties and informed them how their information is collected and used by RapidFundraising to provide the Service.
RapidFundraising reserves the right to identify you as the person who has made the referral in any messages that are sent to third parties. We use Third-Party Data to contact such parties and to provide you with related services to facilitate communication between you and such party. In addition to sending the foregoing communications, we may also send reminders or related messages to you and to other parties on your behalf from time to time, where permitted by applicable law. In each case, any such communications sent to such parties using Third-Party Data will provide a means to “opt out” of receiving further communication of the same nature.
RapidFundraising uses the information collected from the Service in a manner that is consistent with this Privacy Notice. We use the information that you provide (or otherwise permit the Service to access) to contact you for administrative purposes (e.g., to provide services and information that you request or to respond to comments and questions), to send you communications relating to the Service, such as updates on events and services, and to contact third parties for nonprofit fundraising purposes.
RapidFundraising may access, disclose, transfer and preserve your information when RapidFundraising has a good faith belief that doing so is necessary to: (i) comply with the law including with subpoenas, search warrants, court orders, and other legal process; and respond to inquiries or requests from government, regulatory, law enforcement, public authorities, or content protection organizations; (ii) protect and defend the legal rights, privacy, safety or property of RapidFundraising, its affiliates, subsidiaries, employees, agents, contractors, or its users; (iii) permit us to pursue available remedies, commence, participate in, or defend litigation, or limit the damages we may sustain; or (iv) enforce this Terms of Service. RapidFundraising may also disclose your information with organizers and, if not the same, the beneficiaries of the associated nonprofit fundraiser.
Certain communications RapidFundraising sends will contain instructions permitting you to “opt out” of receiving future such communications. In addition, if at any time you wish not to receive future marketing communications or you wish to have your name deleted from our mailing lists, please contact us at the email address or mailing address set forth below. If you opt out of receiving marketing communications or other information we think may interest you, we can still send you emails about your account or any Services you have requested or received from us. Requested changes may take up to thirty days to effectuate.
If you have questions about how RapidFundraising handles your information you may contact us.
CONTACTING RAPIDFUNDRAISING
RapidFundraising
℅ Legal Department
info@rapidfundraising.com
United States
7. Member Accounts
Users agree to submit accurate and complete account registration information. Users may not impersonate anyone else or choose names that are offensive or that violate anyone’s rights. RapidFundraising reserves the right to cancel member accounts for violations.
RapidFundraising is not liable for any loss or damage arising from unauthorized access, control, or use of your member account.
You may terminate your account at any time. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted. RapidFundraising reserves the right to delete member accounts at its discretion. You can contact us at [email] for additional information or to request account deletion.
8. Warranty Disclaimer
RapidFundraising specifically disclaims any and all warranties and conditions of merchantability, non-infringement, and fitness for a particular purpose, and any warranties implied by any course of dealing, course of performance, or usage of trade. No advice or information, oral or written, obtained by you from RapidFundraising shall create any warrant.
You expressly understand and agree that you use the service at your own risk. The service is provided on an “as is” and “as available” basis. RapidFundraising expressly disclaims all express and implied warranties of any kind. RapidFundraising makes no warranty as to the performance of the Service.
9. Indemnification
You agree to defend, indemnify, and hold RapidFundraising harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of the Service. RapidFundraising reserves the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
As part of this, by accepting these TOS, you consent to service of process for any action that could be brought against RapidFundraising, for any reason.
10. Limitation of Liability
To the fullest extent permitted by law, in no event will RapidFundraising, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Service;(ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or(iii) for any conduct of content of any third party on the Site. In no event shall RapidFundraising’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
RapidFundraising is not liable for any damages or losses related to your use of the Services. All content Users access through the Service is at your own risk. Users are solely responsible for any resulting damage or loss to any party.
11. Governing Law and Dispute Resolution
The TOS and the relationship between you and RapidFundraising shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and RapidFundraising agree to submit to the personal and exclusive jurisdiction of the courts located within Williamson County, Texas.
RapidFundraising may elect to resolve any controversy or claim arising out of or relating to these TOS or our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Williamson County, Texas, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Williamson County, Texas necessary to protect the rights or property of you or RapidFundraising (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
12. Entire Agreement
The TOS constitutes the entire agreement between you and RapidFundraising and govern your use of the Service, superseding any prior agreements between you and RapidFundraising.
13. Waiver and Severability of Terms
The failure of RapidFundraising to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.