Terms of Use

Terms of Use

Welcome to the Mission Rise websites (“Mission Rise Website”) which include Mission Rise websites, applications, technologies and services operated by Mission Rise, LLC (“Mission Rise”). By using the Mission Rise Websites, you acknowledge that you have read and agree to be bound by the following Terms of Use along with the documents referenced herein or any additional terms and conditions that can be viewed either on our web pages or other directions to the additional terms and conditions (collectively, the “Terms”). Nothing in these Terms may be construed to create or confer any rights on third party beneficiaries.

READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING MISSION RISE WEBSITES, SUBSCRIBING TO ITS SERVICES, PURCHASING PRODUCTS, MAKING A DONATION, DOWNLOADING SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING THE MISSION RISE SERVICES AND PRODUCTS, AND THE RELATED SOFTWARE, DATA, CONTENT AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, “MISSION RISE TECHNOLOGY”).

If you do not agree to any of the terms and conditions set forth herein, you may not use Mission Rise Technology.

Authority

By accessing, subscribing, downloading and/or otherwise using the Mission Rise Technology, you (a) certify that you are at least 18 years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read these Terms and have agreed to be legally bound by these Terms, and (c) agree to all operating rules and policies that Mission Rise may publish within the Mission Rise Technology from time to time.

If you are under 18 years of age but are at least 13 years old (a “Minor”), you certify that you are using the Mission Rise Website with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Mission Rise Website and agree to these Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Mission Rise if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Mission Rise Website at any time or in any manner or submit any information to Mission Rise or the Mission Rise Website.

Eligibility and Registration

Our Mission Rise Technology is based on the premise that your participation builds a strong network and in turn, a strong community. Therefore, if you inquire with us or create an account with us, you become a member. You may be asked to provide an email address and password. We will ask you to provide certain personal information, such as first name, last name, and email address, in creating your account. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all activities occurring under your account including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. We may refuse to grant you access with a login that (i) impersonates someone else, (ii) may be protected by trademark or other proprietary rights law, or (iii) is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. Any attempt to access restricted areas without authorization is prohibited. You agree that if you become aware of any unauthorized use of your account (including, your password) or other security breach, you will notify us immediately by emailing us through our contact page.

If you create an account with us, we may send a monthly newsletter, system messages pertaining to account information, and other communications to your email.

Registered Charities and Administrative Access

The Mission Rise Technology contains pages featuring listings of countless causes and/or projects (known as “Missions”) that solicit third party participation from charities and other qualifying tax-exempt organizations (“Registered Charity”). By becoming a Registered Charity and acquiring Administrative Access to that account, you agree that:

• You have authority to represent the Registered Charity;
• You will provide true, accurate, and complete information through the Mission Rise Technology.
• You are solely liable and responsible for all actions taken via your account.
• You are either an employee or volunteer of the Registered Charity.

Special Rules for Missions

• You agree and acknowledge that if you display a Mission, you are raising resources for the Registered Charity.
• You agree to accurately promote such Missions as promoted by the charity.
• You agree that your Mission will comply with the terms and conditions of these Terms including, but not limited to, exclude the sale of any goods or services not authorized herein, such as illegal raffles and/or sweepstakes.

Acceptable Promotion of Charity Fundraising Events and Activities

In addition to Missions, you may promote events and activities to support specific nonprofits, causes, or social networking events that will support charities (“Events”). Mission Rise disclaims any responsibility or knowledge of these events and simply facilities awareness and knowledge of them through the Mission Rise Technology.

Limited License and Acceptable Use

Mission Rise owns all right, title and interest in and to the Mission Rise Technology and the intellectual property rights embodied therein (including, but not limited to, copyright, trademark, trade secret and patent rights) Subject to the terms and conditions set forth herein and any third party restrictions, Mission Rise grants you a non-transferable, non-exclusive and non-sublicensable limited right and license to view, use and access the Mission Rise Technology (excluding your Submission (as defined hereinafter)) to (a) incidentally view, print and download the images, text, graphics, photographs, audios, videos and other content available within the Mission Rise Technology solely for your informational purposes and for your immediate, private, personal and non-commercial use, and (b) to support Missions, promote Events, make donations to entities in the form of cash or other consideration and to promote and make available goods and services through links found in the Mission Rise Technology; provided that you retain all Mission Rise copyright and proprietary notices contained in the original materials or any copies thereof, all solely in accordance with these Terms.

All rights not expressly stated herein are reserved by Mission Rise and Mission Rise disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the Mission Rise Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the Mission Rise Technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, alter, frame, permit third parties to link to, or create compilations or derivative works of the Mission Rise Technology, or any part thereof, including, but not limited to, using any part of the Mission Rise Technology to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the Mission Rise Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Mission Rise Capital, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use Mission Rise Technology to harm minors in any way; (viii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using Mission Rise Technology; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Mission Rise Technology; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the Mission Rise Technology or servers or networks connected to the Mission Rise Technology, or disobey any Mission Rise requirements, procedures, policies or regulations of networks connected to the Mission Rise Technology; and/or (xiv) “stalk” or otherwise harass another; or collect or store personal data about other users.

You agree not to access the Mission Rise Technology by any means other than through the interface that is provided to you by Mission Rise for use in accessing the Mission Rise Technology.

By posting of information or other materials on or within the Mission Rise Technology or by making such information available for downloading by you, Mission Rise does not waive any proprietary right in and to the Mission Rise Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the Mission Rise Technology except for the limited license expressly granted herein.

Donating through the Mission Rise Technology

The Mission Rise Technology makes available to you a non-cash giving service (“Solve Up”). While Mission Rise’s Solve Up service is meant to accelerate non-cash giving, we do facilitate financial giving as well (“Donations”). By using Solve Up to make cash donations, you acknowledge and understand that if you make a cash donation to one of the entities available through the Mission Rise Technology (including, but not limited to, the Solve-Up service), you are responsible for performing your due diligence about any representations made by that entity including, but not limited to, whether your donation can be reported to the Internal Revenue Services as a charitable deduction by you.

Cash donations made through the Mission Rise Technology using the Solve Up service are complete and final charitable gifts and are not refundable. Mission Rise is not a public charity, nor does it represent itself as such. Any cash Donation to an entity that is an IRS approved tax-exempt public charity described in Section 501(c)(3) of the Internal Revenue Code may be deductible but you or your donor should consult with his, her or its accountant before making such a claim. Some portion of your cash donation may be used to pay related processing fees. Part of these fees may also go to Mission Rise. In that event, the percentage fees that go to Mission Rise will be posted on the Mission Rise Website. In addition, users making cash donations are responsible for evaluating the legitimacy of nonprofits posting Missions. Mission Rise will use commercially reasonable efforts to ensure that such nonprofits are legitimate but the donor takes ultimate responsibility for assuring the legitimacy of posted causes.

Paying for Your Listing Order and/or Making a Cash Donation

You may contribute a donation to a Mission using our payment processing. The accepted methods of payment may change at Mission Rise’s sole discretion.

Your card will be authorized for the full amount of your purchase at the time of your order. This may cause an immediate reduction in your funds or increase in your credit line, even if your order is later canceled, as the credit and debit card issuing banks release authorizations at their discretion.

Your credit or debit card is generally charged upon receipt of your order.

Validating Your Order

After you support a Mission or make a cash Donation through the Mission Rise Technology, we will check the information you gave us for validity. We may require additional verifications or information before accepting any contribution order or cash Donation.

We reserve the right to reject any transaction that you place with us, and/or to limit quantities on any Mission contribution or Donation, for any or no reason whatsoever. If we reject your contribution, we will generally attempt to notify you by using the contact information you gave to us.

Sales Tax Policy

Sales tax may be added to each Mission order, subject to federal, state, and local tax laws. We will do our best to accurately calculate sales tax, but errors may occur due to the large number of tax districts or for other reasons. If we do not collect sales tax for your order, you may still be responsible for paying sales and/or use tax for the purchase if required by federal, state or local tax rules and laws.

Charged Back or Refunded Donations

In accordance with IRS regulations, Mission Rise enforces a strict “No Refunds” policy for contributions. However, we recognize circumstances wherein reversal of transactions is necessary. A Charge Back transaction occurs when the credit card holder files a dispute with their bank stating that either they did not authorize or recognize the transaction on their credit card or bank statement.

Credit Card Anti-Laundering Policy

Only the authorized credit card holder may contribute to a Mission or make a cash Donation. A third party may not use the donor’s card on behalf of the card owner. This practice may be deemed “credit card laundering” and may violate Visa, MasterCard and other third-party processing and usage agreements. Mission Rise may report any such abuses to the appropriate authorities. This restriction does not preclude the use of computer terminals or kiosks, with access to the Mission Rise Technology, for the authorized payment.

The Mission Rise & Solve Up Trademarks

During the term hereof, Mission Rise grants you a limited, non-exclusive, royalty-free license to use and display the trademarks “Mission Rise®”, “Solve Up”® and the Mission Rise or Solve Up® (collectively, the “Mission Rise Trademarks”) solely in connection with your Mission, Event and/or similar services offered through the Mission Rise Technology. Mission Rise reserves the right to monitor your use of the Mission Rise Trademarks and to require that you use the Mission Rise Trademarks in conjunction with its quality control criteria or standards that Mission Rise may communicate to you from time to time. We also reserve the right to refuse or revoke your permission to use the Mission Rise Trademarks at any time for any or no reason whatsoever, including in the event that you violate these Terms and/or engage in any activities which, in our sole discretion, may result in (a) physical or other harm to any person or entity, (b) violation of any third party rights, (c) violation of any law, regulation, or ordinance, (d) damage or tarnishment Mission Rise’s reputation or goodwill. Without limiting the foregoing, you acknowledge our ownership rights in and to the Mission Rise Trademarks, and all use of the Mission Rise Trademarks by you inures to the sole benefit of Mission Rise. You may not incorporate any Mission Rise Trademark(s) within any trademark, trade name, or domain name created by you.

Appropriate User Conduct

You may not use the Mission Rise Technology and/or services provided by Mission Rise for any illegal or unauthorized purpose. While using Mission Rise Technology, you must comply with all applicable domestic and international laws, statutes, ordinances, and regulations.

Appropriate User Submissions

Mission Rise Technology may allow you and other users to upload, post, and/or share information, text, data, photographs, audios, videos, images, graphics, logos, symbols, documents, and other content (collectively, “Submissions”). Mission Rise permits you to use the Mission Rise Technology subject to your acknowledging and agreeing to the following conditions:

• Submissions posted by yourself and other users of the Mission Rise Technology do not necessarily reflect our views.
• We will seek to remove or edit, with or without notice to you, any Submissions that we deem, in our sole discretion, to be unlawful, obscene, or in violation of these Terms. We may, but are not obligated to, remove any other Submission that we determine in our sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, or infringe or violate any party’s intellectual property or other proprietary rights. Our failure to block or remove any Submissions, however, is not a warranty, endorsement, representation, or guarantee regarding such Submissions.
• The posting of Submissions within the Mission Rise Technology is solely the responsibility of each user. Mission Rise does not assume responsibility for the accuracy of any information, ideas or opinions posted by users and is not liable for any claims, damages or losses resulting from such information, ideas, or opinions.
• You have sole responsibility for your Submissions and the consequences of posting Submissions to the Mission Rise Technology. You bear sole responsibility for the consequences of posting Submissions.
• You agree that the Submissions will accurately describe the collection and intended use of resources made via the Mission Rise Technology.
• You represent and warrant that your Submissions do not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party.

You agree not to:

• Operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise;
• Upload, post or distribute any Submissions which, in Mission Rise’s sole determination, is false, indecent, defamatory, disparaging to the reputation of any individual or business, obscene, offensive, threatening, profane, harmful to minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, violent, tasteless, denigrating, insensitive, pornographic or sexually oriented, or otherwise objectionable, or would constitute or encourage a criminal offense or other illegal activity, and/or violate the rights of any party or any law;

You agree not to engage in any conduct that:

• Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or offensive descriptions of sexual matters;
• Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
• Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
• Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Impersonates any person, business or entity, including Mission Rise, or its employees and agents;
• Violates these Terms or any other policy posted within the Mission Rise Technology; or interferes with others’ use of the Mission Rise Technology or the services provided by Mission Rise.

By posting, uploading or otherwise sharing your Submissions on the Mission Rise Technology, you:

• • Permit, but not require, Mission Rise to identify you as the provider of such Submissions;

Represent and warrant that you have all necessary rights to grant the foregoing permissions; and grant to Mission Rise and other users of the

• Mission Rise Technology the right to access, display, view, store, and/or download such Submissions, and post or forward such Submissions to others.
• You agree that Mission Rise has no liability or responsibility for the storage or deletion of any Submissions that you submit or post, or emails you send through the Mission Rise Technology.
• By submitting your Submissions to Mission Rise, you hereby grant Mission Rise a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, distribute, perform, publicly perform and display your Submissions for any legal purposes whatsoever now known or hereinafter becomes known.
• Any Submission you provide to Mission Rise will be deemed public information and not subject to any confidentiality obligation and Mission Rise shall have no obligation to maintain its confidentiality.
• By making a Submission, you waive the right to make any claim against Mission Rise or any of its respective parents, subsidiaries, affiliates, employees, agents, directors, officers, customers, licensees and shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you.
• You represent and warrant that your Submissions: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for Mission Rise. You also agree to maintain and promptly update your Submissions by means of the Mission Rise Technology in order to keep that information true, accurate, current and complete.

You also agree not to upload, distribute, or otherwise publish any Submissions to or through the Mission Rise Technology that:

• Contain any virus, spyware, worm, Trojan horse, or other computer malware, or post any other materials that may damage the operation of a computer or other device;
• Uses any means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the Mission Rise Technology;
• Constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement, or the like;
• Promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters or the like; and
• Contain any private, personally identifiable, financial, confidential, or proprietary information of another individual or entity without their written express permission.

IP Agent Procedure

In accordance with the United States Digital Millennium Copyright Act (“DMCA”) and the Online Copyright Infringement Liability Limitation Act (“OCILL”), 17 U.S.C. §§101, 512, Mission Rise hereby serves the following DMCA/OCILL Notice to users of the services provided by Mission Rise that:

• Mission Rise has designated an agent to receive notices from copyright owners about alleged infringements by users of the Mission Rise Technology and send notices to the Mission Rise Technology users who post or send allegedly infringing material;
• Mission Rise has registered the Mission Rise Technology with the U.S. Copyright Office as an online service provider, including the name and address of the designated agent;
• Mission Rise has adopted a policy of terminating access to the Mission Rise Technology by users who are repeat copyright infringers; and
• Mission Rise accommodates and does not interfere with standard technical measures used by copyright owners to identify and protect copyrighted works, including but not limited to, digital watermarking.

If you believe that your work has been copied in a way that constitutes infringement, or your intellectual property rights have been otherwise violated, please provide Mission Rise’s agent the following information (the “Notice”):  (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim has been infringed is located in the Mission Rise Technology; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Upon receiving proper notification of an alleged infringement by a Mission Rise Technology user, Mission Rise shall expeditiously take down or block access to the copyrighted material.

Mission Rise has designated the following person to serve as Mission Rise’s agent to receive notifications of claimed copyright infringement in accordance with the DMCA and OCILL:

customerservice@missionrise.org
Attention: Copyright Agent

Additional Legal Provisions

Disclaimer of Warranties

The Mission Rise Technology is provided to you on an “as is” and “as available” basis without any warranty of any kind. Mission Rise disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of any Mission Rise Technology. We also expressly disclaim to the fullest extent permitted by law any and all responsibility and liability for the conduct of any user. Mission Rise hereby disclaims all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement; and other warranties. Mission Rise is not engaged in the provision of legal, tax, or other professional advice or services. If you are in need of such services, you should contact the appropriate licensed and qualified professional.

Liability Limitation

YOU AGREE THAT NEITHER MISSION RISE, NOR ANY OF ITS AFFILIATES WILL BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO: THE MISSION RISE Technology OR THE SERVICES PROVIDED BY MISSION RISE (AND YOUR USE OF, OR INABILITY TO USE, THE MISSION RISE Technology OR SERVICES). IN NO EVENT SHALL MISSION RISE’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO MISSION RISE FOR ACCESS AND USE OF THE MISSION RISE TECHNOLOGY OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH MISSION RISE TECHNOLOGY, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00).

Hold Harmless and Indemnity

Your use of the Mission Rise Technology is entirely at your own risk. You shall defend, hold harmless and indemnify us from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature resulting from any third party claim including, but not limited to, (a) any violation of the terms and conditions of these Terms, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the Mission Rise Technology; and (d) any use of your Submission by Mission Rise or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity.

Links to Other Websites and Content

We may include links to third-party websites or services and may link you automatically to sponsor or third-party websites or services. These links do not mean that we review or endorsed these third-party sites or services. We provide such links when we believe such links may be helpful, but we do not monitor or accept any responsibility for such sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate, so you proceed to these links at your risk and responsibility. You acknowledge that we are not responsible or liable for any content, advertising, products, services, or other materials on these third-party sites. Any dealings that you have with advertisers or other third-parties who may be found on or linked from the Mission Rise Technology are between you and the advertiser, for which you assume full responsibility and you acknowledge that we are not liable for any loss or claim you may have against an advertiser.

Changes to Services, Website, and the Terms of Use

We reserve the right to modify or terminate the services you are receiving from Mission Rise for any reason or no reason whatsoever at any time, and without notice, and without liability to you or any third party. We also reserve the right to modify these Terms. You are responsible for regularly reviewing these Terms so that you will be apprised of any changes. Your continued use of the Mission Rise Technology following any changes to these Terms is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must cease use of the Mission Rise Technology.

Notices

Mission Rise may provide you with notices regarding the services provided by Mission Rise or these Terms by regular mail, email, or postings to the Mission Rise Technology.

International Use

The Mission Rise Technology is controlled and operated from within the United States. Mission Rise makes no representation that the Mission Rise Technology is appropriate or available in locations outside the United States. Those who choose to access the Mission Rise Technology from other locations are responsible for compliance with applicable laws. International users must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.

Term and Termination

These Terms apply to your use of the Mission Rise Technology. Mission Rise reserves the right to change the Mission Rise Technology without notice to you, at any time. You may terminate under these Terms at any time by deleting your, Listing, cause page, Event or account and you acknowledge and understand that Mission Rise shall not provide any refund to you for any prepaid amounts. Upon termination or expiration of these Terms, your obligations and our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions survive, but your right to use the Mission Rise Technology immediately ceases.

Mission Rise reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate these Terms, your membership and/or your access to all or a portion of the Mission Rise Technology and/or remove any registration information, Listing, Event, Submission from the Mission Rise Technology, for any reason or no reason whatsoever (including, but not limited to, if you breach any of the provisions of these Terms). Upon such event, you may make a written request to Mission Rise for a refund of any prepaid amounts on a prorated basis that you may have made to Mission Rise, and Mission Rise will evaluate such request and shall, in its sole discretion, decide whether or not to issue a refund to you.

Miscellaneous

These Terms constitute the entire agreement between the parties with respect to all of the matters herein and supersedes all other agreements, understandings, and discussions of the parties. If any provision of these Terms shall be held to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining terms and conditions of these Terms shall continue in full force and effect. No waiver or forbearance to seek a remedy by any party of any breach by any other party of any of its covenants, obligations and agreements hereunder shall be a waiver of any subsequent breach of any other covenant, obligation or agreement. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of these Terms. Mission Rise may assign its rights and duties under these Terms to any party at any time without notice to you.

You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without Mission Rise’s prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. Subject to the foregoing, these terms and conditions are binding upon the parties’ respective successors and permitted assigns. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.

The parties shall act as independent contractors, and nothing contained in these Terms shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as agents, partners, joint ventures, co-owners, employer/employee franchisor/franchisee, or otherwise as participants in a joint or common undertaking, or (iii) allow either party to create or assume any obligation on behalf of the other party for any purposes whatsoever.

Arbitration

Except for the failure to pay any fees and/or disputes concerning a breach of the scope of the license granted herein, any other dispute arising out of, relating to or in any way connected with this Agreement, on written request of either party served on the other, shall be submitted to final and binding arbitration before a single arbitrator. If the parties are unable to agree on an arbitrator within thirty (30) days after a party has served notice of a request to arbitrate, then an arbitrator shall be selected by the American Arbitration Association pursuant to its then-current rules, within fifteen (15) days after the parties are unable to agree on the arbitrator. Arbitration shall take place in the City of Baltimore in accordance with the Rules and Regulations of the American Arbitration Association (Commercial Division).

Print this Agreement

For record keeping purposes, Mission Rise encourages you to print these Terms and the ancillary documents described herein.

You agree that these Terms, combined with your act of using the Mission Rise Technology and/or the services offered on or through the Mission Rise Technology have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of these Terms on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print these Terms.

Order of Preference

These Terms govern your use and access to the Mission Rise Technology. These Terms do not modify, alter or amend any other specific agreement you have entered or will enter into with Mission Rise. To the extent that any provision of these Terns, or any supplemental agreement offered as any part of any registration for additional services on this Mission Rise Technology, conflicts with any provision of your other agreements with Mission Rise, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of these Terms.

Additional Fees

You shall immediately notify Mission Rise if you know or have reason to believe that Mission Rise has been or will be required, as a result of your activity arising out of or related to these Terms or the services contemplated hereunder by any court or administrative agency of the United States or any state or by any legal process to respond to any subpoena, search warrant, discovery or other directive under the authority of such court, administrative agency, governmental inquiry or process in connection with any proceeding or investigation in which you or any of your affiliates, officers, directors, agents, employees, or subcontractors is involved.  Whether or not such notice is given by you, you shall directly assist Mission Rise in Mission Rise’s attempt to reduce the burdens of compliance with any such directives, and you shall reimburse any and all reasonable expenses incurred by Mission Rise and its affiliates in complying with any such directive, including, but not limited to, attorneys’ fees and Mission Rise’s outside counsel attorneys’ fees for representation and advice, travel and lodging expenses.

Privacy Policy

We realize that you are concerned about how the information you provide online will be used. Mission Rise has a Privacy Policy that discloses what information Mission Rise collects about you, how Mission Rise uses such information, the steps Mission Rise takes to secure such information, how you can view and correct such information and how you can decline to have such information about you collected or used. The Privacy Policy is available within the Mission Rise Technology and is incorporated herein by this reference. Please read our Privacy Policy for more details.

Jurisdiction

These Terms shall be governed and construed in all respects by the laws of the State of Maryland, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Mission Rise Technology, and purchases of products and/or services through the Mission Rise Technology must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you expressly waive any other statute of limitation which otherwise may apply. Subject to the arbitration provision set forth above, you agree to submit to the exclusive jurisdiction of the courts of the State of Maryland or the United States District Court for the State of Maryland for resolution of any dispute, action or proceeding arising in connection with these Terms or your use or non-use of the Mission Rise Technology. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

For questions about these Terms please contact us through our Contact Us link on the Mission Rise Technology.

Effective Date: August 19, 2019