Terms and Conditions

Terms and Conditions:

Who We Are / Contact

Go Raffle is a limited company registered in Ireland.

Company Registration details in Ireland: GO RAFFLE IT LIMITED / 636415

Some important details about us:
Our registered office is at: Go Raffle It, Swords Business Park, Swords, Co Dublin, Ireland

To contact us please use this email address: support@goraffleit.com

Website Usage:

To use the website you must be over 18 and have a up to date lottery or gaming licence, Go Raffle It only provide a platform for you to use the website to raffle off your belongs, it is you who is selling the lottery tickets we are just providing a platform for you to do so. We take no responsibility on earnings on the site through raffling and any legal action therefore is your own responsibility. By agreeing to the terms of use you agree that we (Go Raffle It) are not running a raffle or a lottery and are not responsible or applicable for and rules or regulations around gaming, gambling or lottery’s.

Go Raffle It offers a lottery ticket buying service on behalf of a person, club, organisation that have obtained a lottery or gaming licence. All of the clubs/ organisations selling lottery tickets on Go Fund Me are to be legally registered organisations who raise funds by running a local lottery. The club/ organisations must have registered their organisation lottery with their local licensing authority.

Go Raffle It provides its services (described below) to you through its website and mobile applications (the "Platform") and related services (collectively, such services, including any new features and applications, and the Platform, the "Services"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). If you are a campaign organizer (as defined below) based in the United States, you will be contracting with GoRaffleIt, Inc. If, on the other hand, you are a campaign organizer based outside of the United States, you will be contracting with GoRaffleIt Ireland, Ltd. For purposes of the following Terms of Service, “GoRaffleIt,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting.

ARBITRATION AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate the date these terms were last revised. We will also endeavor to notify you, either through the Services user interface, in an email notification or through other reasonable means, and unless otherwise stated, GoRaffleIt may communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, and postings on the Platform. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that (i) changes addressing new functions of the Services or changes made for legal reasons will be effective immediately, and (ii) changes or modifications to the provisions of these Terms of Service governing disputes shall be made as specified therein.

Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Services from time to time, including, without limitation, the Privacy Policy and the GoRaffleIt Guarantee Policy. All such terms are hereby incorporated by reference into these Terms of Service (provided, however, that such other terms may be modified in accordance with their terms and, with respect to the use of the Services, these Terms of Service will take precedence in the event of conflict). All resolutions are decided by GoRaffleIt in our sole discretion, and all of our determinations are final.


Exchange of Good and Prizes:

Go Raffle It are not responsible for how goods and prizes are exchanged, it is up to the raffle creator to and the winner of the raffle to exchange goods / prizes in a timely manner. We take no responsibility if goods and prizes are not exchanged or are damaged when they are. This is the creator and users responsibility to communicate after the draw for the raffle is made and to get the prizes / goods delivered and exchanged as soon as they can. By agreeing to the terms you agree to this also.

Legal Responsibility:

We do not guarantee the accuracy of material on our site. As far as legally possible, we exclude legal responsibility for the following:

  • Any loss to you arising from use of our site.

· Loss of income, profit, business, data, contracts, goodwill or savings

We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.

We don't exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.

Applicable Law:

The Irish courts have the only right to hear claims related to our site, and all disputes are governed by the laws in the republic of Ireland.

Refunds:

You can apply for refunds if you feel required here support@goraffleit.com

Taxes:

It is your responsibility to determine what, if any, taxes apply to the purchases or money you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.

Member Account, Password and Security:

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify GoRaffleIt of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services. GoRaffleIt will not be liable for any loss or damage arising from your failure to comply with this Section.

Data Protection:

Go Raffle It is committed to ensuring that all personal information will be processed to legally compliant standards of data protection and data security.

We are registered with the Information Commissioner's Office (ICO).

Termination:

GoRaffleIt may terminate Your registration with the Website or your use of the Website on written notice (which shall include e-mail) if You are in breach of any of the terms and conditions of this Website and fail to correct such breach within seven (7) days following adequate notice from GoRaffleIt specifying the breach of our policy’s , GoRaffleIt may terminate forthwith without notice.

In the event of the use of the Website being terminated for any User, that User will still be bound by the terms and conditions of the site in all matters relating to the Website.

Termination of these terms and conditions for any reason shall not affect the accrued rights of the parties.

Any User who fails to comply in any way with these terms and conditions may at the sole discretion of GoRaffleIt and without prior notification, be suspended or banned altogether from using the Website.

Your Registration Obligations:

You may be required to register with Go Raffle It in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services' registration form. Campaign Organizers must register using their true identities, including their name and any image or video purporting to depict the Campaign Organizer or the beneficiary of such campaign. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age (16 in Europe), you are not authorized to use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., payment processors) in order to utilize such Services. For example, Adyen is one of Go Raffle It’s payment processing partners. When you use Adyen’s services, your right to use such services is strictly confidential for the purpose you provide in the details of your registration. You may not resell, hire, or on any other basis, allow third parties to use the payment services to enable such third parties to be paid for their services. You may not use the payment services for any different purpose than as registered with our application. If Go Raffle It or Adyen at any time discovers that the information you provided about you or the purpose of your campaign is incorrect or changed without informing us or if you violate any of these conditions, the services may be suspended and/or terminated with immediate effect and fines may be applied by the credit card schemes and/or the authorities for unregistered use of payment services which will in such case be payable by you. Go Raffle It will assist and support you in your use of the payment processing services to be provided by Adyen (i.e., the processor) and we will provide you with first-line assistance with and enable you to connect to the systems of Adyen to be able to use its services. For this purpose, you understand that you are instructing Adyen to provide Go Raffle It with access to your data and setting in Adyen’s systems, which are used by Adyen to provide the services and authorize us to manage these on your behalf. While we may help facilitate such registration in some cases in connection with payment processors with which Go Raffle It has partnered, we are not a party to any such relationships and disclaim any responsibility or liability for the performance by such third parties. Our processors may, in their sole discretion, require underwriting on any account, and you agree to cooperate with all underwriting requests. We may exchange information with such third-party services in order to facilitate the provision of Services (and related third party services) as set out in our Privacy Policy.

Modifications to Services:

Go Raffle It reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof). We will endeavor to give you notice of any such modification, suspension or discontinuance. You agree that, to the extent permitted by law, Go Raffle It will not be liable to you for any modification, suspension or discontinuance of the Services in accordance with these Terms of Service.

User Conduct: You are solely responsible for all Campaign descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or transmit or otherwise use via the Services. If you are not the beneficiary of the Campaign you organize, you agree to deliver funds to the ultimate beneficiary directly and as soon as possible. You agree to fully cooperate with any request by Go Raffle It for evidence it deems in its sole discretion is appropriate to verify your compliance with these Terms of Service.

The following are examples of the kind of content and/or use that is illegal or prohibited by Go Raffle It. However, this list is not exhaustive and Go Raffle It reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and applicable international agencies, and take appropriate action against anyone who, in Go Raffle It's sole discretion, violates any of the terms or spirit of these Terms of Service (or the principles described in our preamble hereto), including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments to any such Campaign, freezing or placing a hold on donated funds when Go Raffle It reasonably believes it to be required by applicable law, and reporting you to law enforcement authorities or otherwise taking appropriate legal action including seeking restitution on behalf of itself and/or its users. Without limiting the foregoing, you agree to not use the Services to:

  1. to raise funds in connection with any of the following activities or items, including by establishing or contributing to any Campaign with the implicit or express purpose relating to any of the following:
    1. any activity that violates any law or governmental regulation industry requirements, or third-party guidelines or agreements to which you are a party, including from payment card providers and payment processors that you utilize in connection with the Services;
    2. public office election campaigns that are not run by a registered organization within a supported country;
    3. content or campaigns that are fraudulent, misleading, inaccurate, dishonest, impossible or imitating any other person or fundraising campaign (whether on the Platform or not);
    4. illegal drugs, narcotics, steroids, controlled substances, pharmaceuticals or other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body, legal substances that provide the same effect as an illegal drug or other products that present a risk to consumer safety or any related equipment or paraphernalia;
    5. knives, explosives, ammunition, firearms, or other weaponry or accessories;
    6. annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
    7. gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery) or sweepstakes;
    8. campaigns deemed by Go Raffle It, in its sole discretion, to be in support of, or for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
    9. activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
    10. funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
    11. pornography or other sexual content;
    12. offensive, graphic, perverse or sensitive content;
    13. offering monetary rewards, including gift cards;
    14. transactions for the sale of items before the seller has control or possession of the item;
    15. collection of payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on campaigns or an attempt to bypass or otherwise circumvent the designated method of payment as provided by Go Raffle It;
    16. credit repair or debt settlement services;
    17. to receive or grant cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Campaign;
    18. publication or removal of content (such as mug shots), where the primary purpose of posting such content is to cause or raise concerns of reputational harm;
    19. sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value;
    20. aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
    21. counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
    22. products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
    23. unauthorized sale or resale of brand name or designer products or services;
    24. sale of goods or services that are illegally imported or exported;
    25. processing where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
    26. collecting or providing funds for any purpose other than as described in a Campaign description;
    27. any other activity that Go Raffle It may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
    28. any other activity that Go Raffle It may deem in its sole discretion to be unacceptable.
  2. to transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or (vi) in the sole judgment of Go Raffle It, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Go Raffle It or its users to any harm or liability of any type; or
  3. to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
  4. to harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.
  5. to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor.

Additionally, with respect to all Raffle ticket sales you make or accept through the Services, you agree:

  • not to make or accept any raffle ticket sales that you know or suspect to be erroneous, suspicious or fraudulent;
  • not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);
  • to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by Go Raffle It from time to time;
  • to maintain a copy of all electronic and other records related to Campaigns and Raffle ticket sales as necessary for Go Raffle It to verify compliance with these Terms of Service, and make such records available to Go Raffle It upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
  • at Go Raffle It’s request, including without limitation in case of investigations by Go Raffle It, a payment processing partner, or a regulatory or governmental authority, fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.

Go Raffle It reserves the right to refuse, condition, or suspend any Raffle ticket sales or other transactions that we believe in our sole discretion may violate the Terms of Service or harm the interests of our users, business partners, the public, or Go Raffle It, or that expose you, Go Raffle It, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Donors, your Raffle ticket sales, and transactions made through or in connection with your use of the Services.

Raffle ticket sales: In order to contribute to a Campaign or to a Charity, a Donor will be required to provide Go Raffle It information regarding its credit card or other payment instrument (“Payment Instrument”) that is linked to the Donor’s account on the Services (a “Billing Account”). You, as a Donor, represent and warrant to Go Raffle It that such information is true and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and will not be refunded unless Go Raffle It, in its sole discretion, agrees to issue a refund, for example in accordance with the Go Raffle It Guarantee. Go Raffle It uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Raffle ticket sales made, and Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms set forth by our payment partners (currently, WePay, Inc., Stripe, Inc., Adyen LLC, PayPal, Inc., and PayPal Giving Fund), in addition to these Terms of Service, including WePay’s terms of service, Stripe’s terms of service.

Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOFUNDME AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

GOFUNDME AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GOFUNDME NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF GOFUNDME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOFUNDME'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GOFUNDME IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

DISPUTES

ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

Arbitration; Waiver of Trial by Jury

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT WE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

Small Claims Court; Class Action Waiver

As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING WITHOUT LIMITATION ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.

Procedures

These dispute resolution provisions will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event that JAMS is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Service must be filed within one (1) year after such claim of action arose or be forever banned.

30-Day Opt-Out Period

If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms of Service (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with the Governing Law and Jurisdiction section below. Your written notification must be mailed to us at the address set out at the end of these Terms of Service. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including without limitation the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms of Service after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing address, and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms of Service. It is not necessary to send us a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes you did not reject. A notification sent pursuant to this paragraph solely affects these Terms of Service; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this Disputes section shall not affect the other arbitration agreements between you and us.

Severability

If any of the prohibitions against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Disputes section will be null and void. This Disputes section, including without limitation the arbitration agreement and class action waivers contained herein, will survive the termination of your relationship with us.

Notwithstanding any provision in these Terms of Service to the contrary, we agree that if GoFundMe makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. The provisions of this arbitration agreement shall only be in effect to the extent they are permitted under applicable laws. If the JAMS Rules cannot be applied to an arbitration under applicable law, then the rules of the local governing arbitration body shall apply instead.

Termination

You agree that GoFundMe, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services under reasonable circumstances, including, without limitation, for lack of use or if GoFundMe believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Services under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that GoFundMe may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services where such deactivation or deletion is permitted under these Terms of Service. Further, you agree that GoFundMe will not be liable to you or any third party for any termination of your access to the Services.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Services and GoFundMe will have no liability or responsibility with respect thereto. GoFundMe reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.

General

These Terms of Service constitute the entire agreement between you and GoFundMe and govern your use of the Services, superseding any prior agreements between you and GoFundMe with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and GoFundMe agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Mateo County, California. The failure of GoFundMe to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) 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 these Terms of Service remain in full force and effect. 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 the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of GoFundMe, but GoFundMe may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.

To contact us please use this email address: support@goraffleit.com