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Terms of Use

Terms of Use

Welcome to FarmRaiser.com (“Site”), a fundraising platform that empowers teams of all sizes to raise money online by selling locally grown and made healthy products and accepting cash donations. FarmRaiser is owned and operated by FarmRaiser, LLC (“Our” “FarmRaiser”. Please read these Terms and Conditions of Use (“Terms”) carefully before using the Site. By accessing or using our Site, you (“user”) agree to be bound by this agreement. If you do not agree, with these Terms, do not use this Site.

1. Acceptance of Terms

For Registered Users

It is important that you go through these Terms so that you know what you can or cannot do on this Site. If you are under 13, go through the Terms with an adult so they can help you register. When you create an account and accept this agreement, you become a Champion. If you are under 13, this means that you accept the conditions below and that you confirm that your parent or a legal guardian has read and accepted the conditions.

For Parents

Contact us at info@farmraiser.com if you do not accept this agreement and your child has become a member of FarmRaiser. Champions under 13 will have accounts with no ability to sell items or accept cash donations until they enter a special code sent to parents from the school or cause. Once this code is entered, Champion will have full access to the mobile app functionality ad website. A more detailed description is presented in the “Notice to Parents” e-mail that you receive from us. Until the code is entered your child will only have access to basic features of the Site and cannot publish anything to the Internet.

FarmRaiser reserves the right to update the Terms at any time without notice. Changes are effective immediately upon posting. Your continued use of the Site constitutes your acceptance of the revised Terms. By using and accessing our Site, you agree to our Terms and any other policies/legal notices that we post on our Site.

2. Definitions and Description of Service

FarmRaiser services include our website, our mobile applications for Android and iOS users and any additional features, content, and functionality offered by us in connection with the Site and the mobile apps.

  • A “Visitor” is someone who is browsing through the Site.
  • An “Organizer” is someone who registers an organization and establishes a fundraiser, which we also call a “Virtual Farmers Market” or “Market”. They assume the role of a fundraiser’s team leader.
  • An Organization is the entity that is hosting the fundraiser campaign. It can be, for example, a school, a PTA, a booster club, a religious or civic organization.
  • A “Champion” is someone who registers an account and begins fundraising for a specific Organization and Campaign.
  • A “Parent” is a legal parent or guardian whose child has registered with the Site.
  • A “Customer-Supporter” is someone who buys a product from a Market or donates money on the site.
  • A Vendor is an organization that places fruits and vegetables or value-added products into the market for potential sale by Champions associated with a specific Organization. See Section 17 for terms associated with being a FarmRaiser vendor.

Champion, Parent, Organizer, and Organizational Account are collectively referred to as “Members.” Valid and accurate completion of the registration process leads to “Membership.” Visitors and Members are referred to collectively as “Users” or “you.”

3. Membership Obligations

You agree to:

  • Provide accurate, current, true and complete information when using the site, not limited to information about yourself, your organizations, and your fundraising activities. You will maintain the accuracy of all information you provide to us by updating as needed. You authorize us to make inquiries, either directly or through third parties, to validate the registration information of Organizers and Parents. We reserve all rights to suspend or terminate your account, refuse any current or future use of the service, take legal action against anyone who misrepresents personal information or is not truthful about their identity, or presents inaccurate and incomplete information. However, you acknowledge that we cannot guarantee by 100% the accuracy of any information submitted by any User of the Site, nor any identity information about any User.
  • Parents may only register their own children, unless they are the child’s legal guardian (collectively “Parent”). A Champion’s membership may be terminated without warning, if we believe that the Champion is impersonating a child. A Parent Membership (and concurrently an associated Child’s Membership) may be terminated without warning if we believe that you are under 18 years old or are not the legal Parent of any child you have approved for membership on this Site.

4. Fees and Payments

FarmRaiser is free to join and there are no other FarmRaiser fees associated with the use of the site. We do, however, charge a fee for every sale and donation made on the site. The formulas FarmRaiser uses for every campaign are consistent, transparent and as follows:

For product sales the formula is: Retail sale price minus 10% FarmRaiser fee minus the wholesale costs of the good purchased = the amount of funds raised by the Campaign.

For Cash donations the formula is: Cash donation minus 10% FarmRaiser fee = Amount earned by the campaign.

The 10% FarmRaiser fee does not include credit card and transaction fees. Local sales tax n nonfood items are also in addition to not included in the 10% fee and are to be paid in addition to the final retail price at checkout.

Proceeds for a typical fundraising campaign come from a combination of product sales and cash donations. The total campaign returns will vary depending upon the mark-up of the products, but typical campaign returns on average 51% to the cause. In all cases FarmRaiser guarantees a 45% return for any campaign that runs on the site.

Credit Card payments are collected through a secure SSL connection provided by Stripe.com, FarmRaiser’s payment processor. All sales/contributions are made one-time only and are limited to an amount specified by the Customer-supporter. Neither FarmRaiser nor it payment processor store credit card information after a sale is processed.

In addition to credit cards, Champions may also collect paper checks and cash for items sold in face-to-face interactions using our mobile apps. It is the Parents and Organizations responsibility to reconcile orders and write a single check for any cash payments collected. In all Campaigns, Vendors and FarmRaiser fees will be paid first from proceeds, with remaining funds going to the Organization hosting the campaign In the event an account cannot be reconciled because of the failure of a credit card payment or shortage of cash payments, the Organization will be responsible for collection of outstanding funds.

Funds are transferred to the organization associated the Organizer either though ACH transfer or paper check.

You will not be responsible for paying any fees if no money is received or donations are cancelled.

In the event a fundraiser is removed from the Service for violating the Terms of Use Customer-Supporters that made cash donations will receive full refunds. For product orders associated with sold, but not delivered goods, refunds will be provided to Customer-Supporters.

FarmRaiser reserves the right to change fees and will give notice of these changes to users by posting on the Site.

5. Raising Money with FarmRaiser

FarmRaiser is a website for fundraising and allows Organizers to create and post fundraisers with their team members. FarmRaiser is not liable for your interactions with any organizations or individuals found on our Site. This includes, but is not limited, to the representations, warranties, and terms associated with fundraisers listed on FarmRaiser. FarmRaiser is not responsible for any damages or losses incurred as a result of dealings between you and such organizations or individuals.

FarmRaiser is under no obligation to become involved with disputes between Users and Customer-Supporters, or between users and third parties. In the event of a dispute, you release FarmRaiser, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, regardless if they are known, suspected, or disclosed, that arise from or are in any way related to such disputes and our service.

Though FarmRaiser cannot be held liable for the actions of its users, they are nevertheless responsible for fulfilling obligations both implied and stated in any fundraiser created on the site. FarmRaiser, at its sole discretion, will replace a product deemed defective or unsatisfactory by the Customer-Supporters.

FarmRaiser reserves the right to cancel a fundraiser and refund all associated user’s payments at any time for any reason. FarmRaiser reserves the right to remove a fundraiser, or suspend the listing from public listings for any reason.

6. Rules and Conduct

Postings which contain any of the below shall be considered in violation of this Terms of Use Agreement:

  • Personal information which might identify a user or person that has not been approved by a child’s parent
  • Profanity, obscenities, and personal attacks, bullying, or stalking of other individuals
  • Impersonation of any person or entity without their consent, including, but not limited to, a FarmRaiser employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity
  • Slanderous, defamatory, obscene, pornographic, libelous, threatening, abusive, harassing, hateful, or otherwise objectionable, and any other information that FarmRaiser, in its sole discretion, deems to be inappropriate for the site
  • Actions to upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights, contains any viruses or other programs that are intended to do damage or intercept data, contains any form of solicitation that we consider in FarmRaiser’s sole discretion to be unsolicited and unauthorized, interferes or disrupts the Site or servers & networks connected to the Site, or disobeys any policies or regulations of networks connected to the Site

FarmRaiser will make every effort to ensure that the Site best serves the interests of all users, and, therefore, FarmRaiser reserves the right to edit, delete, or refuse to post content that violate the above-referenced rules of participation, as well as revoke the privileges of users who do not comply with such rules.

If you believe that any content on the Site violates any of the provisions of these Terms, please send us a message at info@farmraiser.com We reserve the right to take, or refrain from taking, any or all actions available to us once we receive a message.

We do not guarantee that others on the Site are or will comply with the Rules of Conduct or provisions of these Terms. You, not FarmRaiser, assumes all risk of harm or injury resulting from any such lack of compliance.

7. No Commercial Use

The Site is only for your personal use. You may not use the Site for commercial purposes beyond the scope of our product fundraising campaigns or in any way that is unlawful, or harms us or any other person or entity.

You agree to grant to us a royalty-free, worldwide, non-exclusive, sub-licensable right and license to exercise the copyright, publicity, and database rights you have in your Membership information, including any information generated by your Membership activity, in any media now known or not currently known, in accordance with our Privacy Policy. You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you post or upload while using the Site, you do not own the Membership you use to access the Site, nor do you own any data we store on our servers.

Except as when we specifically agree in writing, no Content from the Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site, except that where the Site enables the download of particular Content if you do not use the Content in an unlawful manner or in a manner that suggests an association with any of our products, services or brands. We do not transfer the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights in the Site or Content to you or any third party nor authorize you to create derivative works based on the Content.

You further understand and acknowledge that you may be exposed to User Content that may be inaccurate or that you find offensive or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against us, and agree to indemnify and hold FarmRaiser, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

Certain features or areas of the site may offer open communication between Users such as posting comments. You acknowledge these areas are for public and not private communications, and you have no expectation of privacy with regard to submissions in these areas. We make all such disclosures at your own risk. You are solely responsible for the Content you distribute on or through the Site under your username or otherwise by you.

You have a nonexclusive, limited, revocable license to use the Site while you are in compliance with this Agreement. You agree to follow certain rules of conduct and other rules that prohibit practices that we deem as harmful. These rules apply to all Users, including Visitors, Parents and Children. We reserve the right to take appropriate legal action against anyone who, in our sole discretion, violates any of these terms, including removing the offending content from the Site and terminating the Membership of such violators and any other involved parties.

8. Links to Other Websites and Content

The appearance of external links and postings made by third parties on the Site does not mean that FarmRaiser endorses the opinions or views expressed. When you access third party websites, you do so at your own risk. These other websites are not under FarmRaiser’s control. FarmRaiser is not responsible or liable for any aspect of such websites. You further acknowledge and agree that FarmRaiser is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

9. Limitation of Liability

You release FarmRaiser (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Site. You agree that: (a) we will have the right but not the obligation to resolve disputes between Users relating to the Site, and our resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent we elect to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Site and will not make judgments regarding legal issues or claims; © our resolution of such disputes will be final with respect to the Site but will have no bearing on any real-world legal disputes in which Users of the Site may become involved; and (d) you hereby release FarmRaiser (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with our resolution of disputes relating to the Site.

10. Privacy Policy

Use of the Site is governed by our Privacy Policy, which is incorporated herein by reference and is also subject to change from time to time (see https://www.farmraiser.com/privacy).

11. Governing Law

This Agreement and the relationship between you and FarmRaiser shall be governed in all respects by the laws of the State of Michigan without regard to conflict of law principles. You and FarmRaiser agree to submit to the exclusive jurisdiction and venue of the courts located in the County of Grand Traverse except as provided below regarding optional arbitration.

Optional Arbitration For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), shall be settled through arbitration that takes place in Traverse City, Michigan, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. The party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties.

12. Termination

FarmRaiser may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by emailing info@farmraiser.com .

13. Severability

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; FarmRaiser may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

14. Indemnity

You hereby agree to indemnify, defend and hold FarmRaiser, and their respective officers, directors, shareholders, employees, agents, licensors, representatives, and third party providers to the Site, harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms. FarmRaiser reserves the right to assume, under its sole discretion, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with FarmRaiser in asserting any available defenses.

15. Warranty Disclaimer

Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, FarmRaiser AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. FarmRaiser will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that FarmRaiser has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from FarmRaiser or through the Service, will create any warranty not expressly made herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FARMRAISER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FARMRAISER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

16. INTELLECTUAL PROPERTY

Any and all intellectual property rights associated with the FarmRaiser websites including the products, images, designs and content presented herein, and any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents {including any patent- pending items} {collectively “intellectual property”} are the sole property of FarmRaiser. You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit or distribute the Intellectual Property of the FarmRaiser website or paper brochures in any way without the express written consent of FarmRaiser.

In instances when photography, art and material are provided by you for our websites, you expressly give FarmRaiser unlimited permission to use the images in conjunction with the sale of your items or promotion of FarmRaiser. In all cases it is acceptable for you to use social media to share, post and repost items that have been produced by FarmRaiser.

17. MISCELLANEOUS

Please send questions or inquiries to info@farmraiser.com . This Site is intended for residents of the United States. No software from this Site may be downloaded, exported, or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

18. SPECIAL TERMS FOR VENDORS

This section sets forth the additional Terms and Conditions governing their participation with FarmRaiser that Vendors who partner with FarmRaiser expressly agree to.

GENERAL INFORMATION

By collaborating with FarmRaiser you are offering for sale items you have grown/processed/made to be pre-sold by schools, clubs and other civic groups in your community that would like to use your product to raise money for their cause.

To be a FarmRaiser vendor you must grow, make or produce the product you are proposing to sell and have all proper permissions and licenses to sell that product from your place of business via online sales and offline via person-to-person sales.

FarmRaiser does not buy or take possession of your products. We connect you with local Organizations and their Customer-supporters and make sure all of the logistics, including marketing, training, sales, shipping and fulfillment are managed in a professional and timely manner.

After consultation with the organization holding the fundraiser, FarmRaiser will reserve a selection and quantity of goods that you have offered for sale. The Champions will attempt to sell the entire amount of goods reserved. FarmRaiser will reimburse you at the pre-determined per unit price and arrange shipping for only the goods actually sold by the students. Any reserved goods not sold will remain your property with neither FarmRaiser nor the local school incurring any cost or responsibility for goods reserved, but not sold.

PAYMENTS

FarmRaiser accepts payment on behalf of schools/groups selling products through its website, mobile apps or ‘off-line’ via paper form sales. FarmRaiser will pay by you by check or electronic wire transfer upon acceptance of products or via pre-arranged invoice payable with the terms agreed upon by you and FarmRaiser.

RETURNS/DEFECTS

FarmRaiser will contact you in the event a Customer-Supporter receives defective merchandise. Any claims for defective merchandise must be reported to FarmRaiser within forty-eight (48) hours of delivery. FarmRaiser expects you to have in place a reasonable return policy. For fresh produce there is no expectation that refunds or exchanges be made for items that were not delivered in a timely fashion. For items deemed unacceptable—either spoiled or not to the specifications described on -- FarmRaiser reserves the right to reject the order. In the case of a rejected order FarmRaiser is not liable for any form or amount of payment to you. FarmRaiser, at its sole discretion may ask you to provide a substitute item for the same price or opt to give Customer-Supporters a full refund.

FarmRaiser will serve as the single point of contact for all communications between you, the Organization selling your products and the Customer-Supporters purchasing the products.

PRODUCT SPECIFICATION All products reserved for a FarmRaiser sale must be either made, grown or produced by the vendor. All products you would like to sell must be uploaded on to the FarmRaiser site by the Vendor or by FarmRaiser with the Vendor’s permission. The product description, artwork, quantities and price must be supplied by the Vendor.

SPECIAL NOTE ON PRIVACY

FarmRaiser will share Customer-Supporter contact information with you from any individual that buys one of your products through a FarmRaiser campaign. This information is intended to help you grow your customer base. By executing this Agreement and placing items for sale with FarmRaiser, you agree to not sell, rent or share this information with any third party. You will be allowed to contact the Customer one {1} time and that communication must include an invitation to Opt In to receiving further communication from you. Failure to adhere to this privacy policy will result in termination of your relationship with FarmRaiser.