This document constitutes a legal agreement and binding contract between you and SkyRaise and sets out the terms and conditions that apply to your use of the SkyRaise credit card payment processing feature and any related products and services available through www.skyraise.com. If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access the Features.
You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use any of the features of SkyRaise. This Agreement is in effect for all SkyRaise transactions on or after February 25th, 2007.
We may amend this Agreement at any time by posting the amended terms on our site. All amended terms shall be effective immediately after they are initially posted on our site. By continuing to use the Features after any such change, you agree to be bound by the changed terms and conditions of this Agreement. You may review the current Agreement prior to initiating a transaction at any time at our User Agreement link.
In this Agreement, “you” or “your” means any person or entity using the Features. Unless otherwise stated, “SkyRaise,” “we” or “our” will refer collectively to SkyRaise and future subsidiaries. Unless otherwise specified, all references to a “bank” in this Agreement include savings associations and credit unions, and all references to a “credit card” include credit cards bearing the brands of Visa, MasterCard, JCB, Discover and American Express as well as Visa- and MasterCard-branded debit cards.
In order to use the Feature allowing for the collection of funds, you must register for an an account such as a "Cause" or "Cause Page" account. In order to use any Feature, you will be required to provide certain information to allow us, among other things: to verify your identity; to receive appropriate authorization and to complete the transaction. You agree that the information you provide is not false, inaccurate or misleading.
These Features are only available to individuals or businesses that can form legally binding contracts under applicable law. In order to use these Features, Eligible Users must:
In order to use the Feature allowing for the collection of funds, Eligible User's additionally must have a deposit account with a U.S. insured depository (“Bank Account”) that you can designate to be credited with funds from transactions.
In an effort to combat money laundering activities and the funding of terrorism, the U.S. federal government enacted laws that require banks and other financial institutions to obtain, verify and record information that identifies each customer. Although SkyRaise is not a bank, money transmitter or other person required to comply, SkyRaise has adopted a policy of taking reasonable measures to prevent its products and services, including these Features, from being used for money laundering or financing of terrorist activities. It is for this reason that we require all Users who register for the Feature allowing for the collection of funds to have a bank account with a U.S. federally-insured depository institution so that we can be sure that the recipient of any funds has passed the identification requirements of such U.S. depository institutions and that will be subject to ongoing monitoring to prevent such illegal activities. Therefore, although we may agree to remit funds to you by check or other payment method, we still require that you have and maintain a deposit account with a U.S. depository institution. You agree to notify you if your account is suspended, closed or blocked and to stop using this Feature unless and until you have reestablished an account in good standing with a U.S. depository institution. We may verify any information you provide to us, and you agree that we may obtain a consumer report on you at any time for this purpose.
SkyRaise acts as a facilitator to help you accept payments from, but not make payments to, third parties. We act as your agent based upon your direction and your requests to use the Feature that require us to perform tasks on your behalf. SkyRaise will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that (i) SkyRaise is not a bank and the Feature is a payment processing service rather than a banking service, and (ii) SkyRaise is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian.
You are not required to keep funds in the SkyRaise system (i.e., carry a balance in your SkyRaise agency account) in order to use the Feature. If you do carry a U.S. Dollar balance, SkyRaise will pool your funds together with funds from other Users (“Pooled Accounts”).
You agree that you will not receive interest or other earnings on the funds that SkyRaise handles as your agent. SkyRaise will also not receive interest on those funds, but may receive a reduction in fees or expenses charged for banking services by the banks that hold your funds.
By receiving payments through the Feature, you appoint SkyRaise as your agent to cause the funds to be deposited on your behalf in the Pooled Accounts until you further instruct SkyRaise with respect to the receipt of your funds. If you receive a notice that a payment has been sent to you through SkyRaise but you have not registered for the Feature, SkyRaise will not become your agent and you will have no claim to those funds unless and until you register for the Feature and indicate your acceptance of the payment.
SkyRaise acts as a payment processing feature provider by creating, hosting, maintaining and providing the Feature to you via the Internet. We do not have any control over the products or services from other SkyRaise Users that are paid for with the Feature.
We use many techniques to identify our Users when they register on our site. Verification of Users is only an indication of increased likelihood that a User's identity is correct. You authorize SkyRaise, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because User verification on the Internet is difficult, SkyRaise cannot and does not guarantee any User’s identity.
In the event that you have a dispute with one or more Users, you release SkyRaise (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.”
WE, OUR EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SkyRaise shall make reasonable efforts to ensure that requests are processed in a timely manner and but we make no representations or warranties regarding the amount of time needed to complete processing because the Feature is largely dependant upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
IN NO EVENT SHALL WE, OUR EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.
OUR LIABILITY, AND THE LIABILITY OF OUR EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
Except to the extent SkyRaise is otherwise liable by law, you agree to indemnify and hold SkyRaise, its officers, directors and employees harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Feature.
In consideration for the use of the Feature, you agree to pay SkyRaise a fee for each transaction received by you at the applicable rate then in effect. The applicable fees for transactions are posted on our website, in addition to any applicable fees for additional services. Our schedule of fees may vary from time to time based, among other things, on costs and market conditions. You agree to the current schedule of fees and charges as they may change from time to time.
Of every amount of money received 4.9% and $0.10 of the total amount will be deducted as a fee.
All received payments, after all fee's have been deducted, will be entered in SkyRaise pool account. The user can monitor their received funds within the features of their SkyRaise account. In order to withdraw money from their account, SkyRaise can send the money via Automated Clearing House transaction, or by Check. The user must agree to pay the fees necessary for them to withdraw the money by these means. The withdrawal fee will be deducted from the amount of money the user is attempting to transfer.
“Your Information” means any information you provide to us or other Users in the registration, payment process, stores or other features of the Feature. You are solely responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information.
Your Information and your activities (including your receipt of payments) through the Feature shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) consist of providing yourself a cash advance from your credit card (or helping others to do so); (d) be related in any way to gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools); (e) infringe on any third party’s copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (f) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising); (g) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (h) be obscene or contain child pornography; (i) contain any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or (j) create liability for us or cause us to lose (in whole or in part) the services of our ISP’s or other suppliers. If you use, or attempt to use the Feature for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Feature, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
SkyRaise and all related logos, products and services described in this website are either trademarks or registered trademarks of SkyRaise or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of SkyRaise. In addition, all page headers, custom graphics, and scripts are service marks, trademarks, and/or trade dress of SkyRaise and may not be copied, imitated, or used, in whole or in part, without the prior written permission of SkyRaise.
You agree that in the event we reasonably believe that you have violated these terms and conditions, we may freeze or close your account and seize any funds you have in the account at the time your account is closed. We are not obligated to return any funds to you, and may confiscate such funds from your account, in the event we determine your account has been used for any malicious or illegal activity.
SkyRaise is a payment processing provider, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for Your Information) from our web site without the prior expressed written permission of SkyRaise or the appropriate third party. If you use, or attempt to use the Feature for purposes other than receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Features, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
We view protection of Users’ privacy as a very important principle. We understand clearly that you and Your Information are one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices. We cannot guarantee that these security measures will be sufficient to protect Your Information, but we will notify you if we have a reasonable basis to believe that Your Information may have been accessed by an unauthorized person.
If SkyRaise management view's your account as inappropriate or illegal, the account may be suspended or closed without prior notice. In some cases, the user may be contacted to settle concerns before a final decision is made on whether or not to rule the account, though such cases should be considered exceptional and should not be expected by any user. Any and all funds remaining in a terminated account will be seized by SkyRaise and cannot be recovered by the user.
Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, place a hold on funds in your account, limit funding sources and payments, limit access to an account and any or all of the account’s functions (including but not limited to the ability to Send money or making withdrawals from an the account), limit withdrawals, indefinitely suspend or close your account and refuse to provide the Feature to you if: (a) you breach this Agreement or the Privacy Policy; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your account or activities pose a significant credit or fraud risk to us; or (d) we believe that your actions may cause financial loss or legal liability for you, our users or us.
You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of SkyRaise. SkyRaise reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
You shall comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Feature.
You agree that this Agreement constitutes “a writing signed by You” under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Feature (“Communications”), may be provided to you electronically and you agree to receive all Communications from SkyRaise in electronic form, including, without limitation, disclosures required under law relating to privacy or electronic fund transfers. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. SkyRaise reserves the right but assumes no obligation to provide Communications in paper format. In the even that your primary email address changes, you must notify [SkyRaise].
Except as explicitly stated otherwise, any notices shall be given by email, postal, telephone, or through SkyRaise's internal messaging system.
In the event a dispute arises between you and SkyRaise, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and SkyRaise agree that any controversy or claim at law or equity that arises out of this Agreement or SkyRaise’s services shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, SkyRaise strongly encourages Users first to contact SkyRaise directly to seek a resolution. SkyRaise will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, you or SkyRaise may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules, or any other established alternative dispute resolution provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Los Angeles County, California, and in your case, your home address or principal place of business).
This Agreement is governed by and interpreted under the laws of the State of California, as such laws are applied to agreements entered into and to be performed entirely within California.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by SkyRaise, in our sole discretion, to a third party in the event of a merger or acquisition.
Heading are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This Agreement and the documents it incorporates set forth the entire understanding between us with respect to the subject matter hereof.
In the event your account is inactive for 18 months or more, you authorize us to seize any of your funds in our possession.
You agree that you are responsible for any checks that we send to you. In the event a check we send to you is lost or is uncashed after six months, or if the check for any other reason is not received and cashed by you, we will make reasonable efforts to assist you by cancelling (issuing a stop-payment) and reissuing the check, but you agree to pay us our reasonable costs incurred in doing so, and these costs will be deducted from the replacement check issued to you. In the event the check is stolen and cashed, we will make reasonable efforts to assist you in cooperating with law enforcement to recover the funds, but you agree that we are not responsible for replacing the lost funds.
