1. Welcome

Welcome to Rayze, a volunteer based social network focused on community involvement and positive content. The Rayze website, mobile applications, and other interactive properties through which the service is delivered (collectively, the “Service”) are owned, operated and distributed by Rayze LLC, a Pennsylvania limited liability company (referred to in these Terms of Service as “Rayze” or “we” and through similar words such as “us,” “our,” etc.). By accessing any part of the Service, you are agreeing to the Terms of Service described below (these “Terms of Service”), the terms of our privacy policy (the “Privacy Policy”) and any other legal notices published by Rayze on the Service (collectively, the “Governing Documents”). Please read these Terms of Service carefully and make sure you understand it. If you do not understand these Terms of Service or do not accept any part of it, then you may not use the Service. These Terms of Service apply to anyone who views content from the Service, including unregistered people who view content via the Service and users who have registered as members of Rayze.

We may, at our sole discretion, modify these Terms of Service at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. If we make changes to these Terms of Service, we will post the updated Terms of Service on the site and update the new effective date.

BY USING THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE.

2. Description of Service

The Service allows individuals who wish to volunteer to search for opportunities based on skill, cause, date, and location. Rayze allows nonprofit organizations to recruit and manage volunteers by posting about volunteer needs and events. Nonprofit organizations are also able to collect donations through the Service if they have been verified by Rayze and Stripe, Inc. (“Stripe”), our payment processing provider. The Service allows informal community groups to self-organize service initiatives. The Service allows for-profit businesses to organize volunteer days for employees and offer appreciation rewards to volunteers. All users of the Service have the ability to post, share, and consume comments. Users are individuals or organizations who access the Service in any manner.

We reserve the right to refuse to provide the Service to any person or organization, for any reason or no reason, and/or to discontinue the Service in whole or in part, at any time, with or without prior notice.

3. Copyright

All custom graphics, icons, logos and service names used in conjunction with the Service are registered or unregistered trademarks or service marks of Rayze. All other trademarks or service marks on the Service are the property of their respective owners. The entire contents of the Service are protected by international copyright and trademark laws and other proprietary rights. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE WITHOUT THE EXPRESS WRITTEN CONSENT OF RAYZE. Nothing in these Terms of Service grants you any right or license to use any third party trademark or any of Rayze’s trademarks, service marks, logos, and/or the company names of Rayze or its affiliates.

Rayze will not tolerate violations of intellectual property rights on the Service. If you are a copyright owner and believe that any User Submission (defined in User Submissions section below) or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). To provide Rayze notice of an infringement, you must send a written e-mail communication with the subject line “DMCA Infringement Notification Dept.” to support@rayzeapp.com that explains the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

4. User Submissions

Content submitted by users for inclusion on the Service (including, without limitation, any information submitted in posts, comments, in-app messaging, volunteer descriptions, event descriptions, appreciation rewards or other public areas of the Service) is sometimes referred to in these Terms of Service as “User Submissions.” Whether or not any User Submission is published, it will be subject to these Terms of Service. Rayze does not guarantee any confidentiality with respect to a User Submission, regardless of whether or not it is published. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your User Submissions (and all content included therein), including the right to authorize Rayze to use the User Submissions in the manner contemplated by the Service and these Terms of Service.

We neither endorse nor assume any liability for the contents of any User Submission. We generally do not pre-screen, monitor, or edit User Submissions. However, Rayze and our agents have the right, at our sole discretion, to remove any User Submission or other content that, in our judgment, does not comply with these Terms of Service or any other rules of user conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such User Submission or other content. Users can also report content that they believe violates these Terms of Service by emailing us at support@rayzeapp.com. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Submission, whether it is your own or another user’s. See “Copyright” above for a description of the procedures to be followed in the event that any party believes that a User Submission infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

5. Licenses

By providing a User Submission to the Service you hereby grant to Rayze a non-exclusive, royalty-free, irrevocable, worldwide, perpetual license, with the right to sub-license, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Submissions or any other materials or information (including, without limitation, ideas for new or improved products or services) you communicate to Rayze by all means and in any media now known or hereafter developed. You also grant to Rayze the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Rayze for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Rayze.

6. Account Terms

The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:

1. You represent and warrant that you are at least 13 years of age and the minimum age of digital consent in your country. If you are younger than 13 years of age, you may not, under any circumstances, use the Service.
2. If you are between 13 years of age (or the minimum age of digital consent in your country, as applicable) and the age of majority in your jurisdiction, you represent and warrant that your legal guardian has reviewed and agreed to these Terms.
3. If you are the age of majority in your jurisdiction or older, you represent and warrant that you have read, understood, and agree to be bound by the Terms of Service.
4. You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.
5. You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. Rayze will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You may stop using the Service at any time. You have the right to delete your account at any time for any reason.

7. Changing Fees

We reserve the right, at any time, to introduce or change any fees or charges for using the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change. You hereby acknowledge and agree that you are responsible for any and all data charges you incur in connection with your use of the App.

8. Rules for All Users

Rayze is a community of people and organizations determined to make our physical and digital worlds a better place. When you sign up for the application, you agree to the following rules:

1. You will use the Service only for lawful purposes and agree to not use the Service in any way that will violate or infringe upon the use or rights of others.
2. Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Service.
3. You will not upload any copyrighted, trademarked, or proprietary materials on the Service without the express permission of the owner. You will not post any content that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party.
4. You assume full responsibility for the content of your User Submissions.
5. You understand that opportunities and events posted are publicly available to be viewed and accessed by any user.
6. You agree that you will not engage in any behavior that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
7. You will not share content from the Service with anyone who is not authorized to access the content.
8. You will not upload, share, post, distribute or otherwise partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies, as determined by us in our sole discretion.
9. You will not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
10. You will not share software viruses or any other computer code, files, or programs that are designed or intended to monitor, track, disrupt, damage, interfere with, impair or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any systems or data of any third party.
11. You will not impersonate any person or entity, including, but not limited to, any Rayze employees or representatives, nonprofit organizations, for profit businesses, other users of the Service, or any individuals or entities not using the Service.
12. You will not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.
13. If you are using the Service on behalf of a nonprofit organization or company, you represent that you have the authority to act on behalf of that entity, and that such entity accepts these Terms of Service.
14. You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service unless authorized by Rayze in writing. You may not engage in practices of “screen scraping,” “database scraping” or any other practice or activity where the purpose is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by Rayze in writing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Rayze or its affiliates without express written consent. You may not use meta tags or any other “hidden text” utilizing the Rayze name or trademarks without the express written consent of Rayze.
15. You will comply with our Community Guidelines at all times in connection with your use of the service.

9. Data Policy

When a user registers for an event or volunteer opportunity, we will share the user’s personal information, including but not limited to name, age, and gender, with the nonprofit or community group for the purpose of performing community service through Rayze. By registering for an opportunity or event, users grant permission for Rayze to share that user’s personal information and profile with the nonprofit or community group. The nonprofit organization or community group is required to respect the privacy of users. The nonprofit or community group has a limited license to use this information only for Rayze-related communications. The nonprofit organization or community group may use that personal information for no other purpose, such as but not limited to, sending unsolicited commercial messages or engaging in unauthorized transactions. You must not misuse any Rayze user’s personal information. You must comply with all relevant laws and regulations when you use Rayze. This includes applicable data protection and privacy laws which govern the ways in which you can use another user’s information.

10. Volunteering or Recruiting Volunteers

Volunteering or recruiting volunteers is at your sole risk. Unless otherwise noted, Rayze does not typically supervise events or volunteer initiatives and is not involved in any way with the actions of any individuals or entities (whether individual volunteers or nonprofit organizations or community groups) during any event or volunteer initiative. Furthermore, certain events or initiatives may be subject to eligibility restrictions (which may include the submission of further information and/or screenings), as determined solely by the entity or individual organizing such events or initiatives. As a result, Rayze has no control over, and is not responsible for, the identity or actions of the individuals who are present at these events or volunteer initiatives or the specific content of such events or initiatives, and we request that our users exercise caution and good judgment when participating in an event or volunteer initiative. You acknowledge and agree that by participating in any event or volunteer initiative (whether as a volunteer or representative of a nonprofit organization or community group) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with your participation in any event or volunteer initiative.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE RAYZE AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES AND AGENTS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RAYZE PARTIES”) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN OR EXCLUSION FROM ANY EVENT OR VOLUNTEER INITIATIVE. RAYZE DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION BY YOU OR ANY OTHER USER TO THE SERVICE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. YOU AGREE, UNDERSTAND, AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

11. No Solicitation or Endorsement

Rayze provides users with the ability to make a donation to a listed 501(c)(3) nonprofit organization of their choice. On occasion, we may also feature a nonprofit apart from the aggregated list. You acknowledge and agree that featuring a nonprofit on Rayze does not constitute a representation of the status of that organization or a solicitation of donations, and that we do not engage in any solicitation activities on behalf of any of the organizations that may be listed on Rayze. Unless otherwise expressly indicated, Rayze has no affiliation with any of the organizations listed on the Service.

12. Donations and Payment Processing

The sole and complete responsibility to assess, review and verify the suitability of any nonprofits you want to support through your donation through the Service rests entirely with you. It is your sole responsibility to review and research the nonprofits listed on Rayze and determine which, if any, you would like to donate to.

When a user selects a nonprofit to donate to, their donation is distributed to the organization through the organization’s Stripe account. Nonprofits that create a Stripe account of their own and link that account with ours (“Connected Account”) receive donations directly. When a donation is made through Rayze, it is directed to the nonprofit’s Stripe account. Rayze will collect a platform fee of .25% or $.25 per donation, whichever is greater, and which is subject to change at any time as reflected in the then-current version of these Terms of Service. Once the funds have been transferred to the Connected Account’s bank, Rayze is no longer in control of the funds.

Stripe’s terms can be found on https://stripe.com/us/legal

13. Payment Methods

We currently accept payment via credit card, Apple Pay, and Google Pay. Rayze uses Stripe to process credit and debit card transactions. Although the collection of your credit card or bank account information takes place on our Service, after your payment information is entered, it is securely transmitted to the applicable payment processor(s), which process all credit card and debit card donation/payment transactions and manage the routing of applicable customer information through the processing networks.

Rayze is not affiliated with any payment processor and we are not responsible in any way for their actions or performance (or lack thereof). Accordingly, Rayze expressly disclaims responsibility and liability for all services provided by any third party (including any payment processor), including those related to donation/payment transactions, and you hereby agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of such services. Additionally, since Stripe will have access to the information you provide to them when making a donation/payment transaction, we recommend that you review their privacy policy – which can be accessed from their website located at www.stripe.com.

You acknowledge and agree that, for all donations/payment transactions, you will only use a valid credit or debit card or other accepted payment method, and that for all such payment methods you are the authorized account holder. Additionally, you also acknowledge and understand that, like any tax-deductible charitable donation, your donation may not be canceled or returned once it has been processed, all donations/payment transactions are final and non-refundable as soon as a donation is processed via the Service. If you have any questions regarding any payment transaction, please contact us by email at support@rayzeapp.com.

14. Use of Funds

Please note that all donations made through the Rayze are granted to nonprofits as unrestricted grants. Neither Rayze nor any of its officers, directors, members, managers, employees, affiliates, licensees or service providers monitors or controls any of the nonprofit’s activities, and shall not be responsible, in any manner or form, for the use or non-use of any funds granted through the Service to such nonprofits.

15. Appreciation Rewards

When using the Service, users may be granted offers, coupons, coupon codes, or other promotions from businesses as a token of appreciation for volunteer service or donations. By accepting such offers:

1. You agree to comply with the terms and conditions associated with any offers, coupons, coupon codes, and other promotions available on or through the Services.
2. You may only redeem each coupon once.
3. You agree to comply with campaign and user limits and activate coupons for your own personal and non-commercial use.
4. You agree not to sell, barter or transfer any coupon, or any electronic or hard copy of a coupon, to any third party.

16. Rayze Rights

Rayze reserves these rights:

• We can make changes to the Rayze Service at any time without notice or liability.
• We have the right to terminate or suspend your membership, account, payment, or other affiliation with the Service at any time and for any reason or no reason. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we hereby revoke your right to use Rayze in that jurisdiction.
• We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
• We have the sole right to remove an individual, nonprofit organization, community group, or for-profit business from the Service at any time, for any reason or no reason, without prior notice.
• We have the right to stop users from viewing content, at any time and for any reason.
• We have the right to reject, cancel, interrupt, remove, delete or suspend any content or posted comment at any time and for any reason.

17. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY RAYZE CONTENT THAT YOU READ OR WATCH VIA THE SERVICE OR IN ANY OTHER MANNER, OR ANY OTHER INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICE AND ANY OF THE CONTENT OR FEATURES INCLUDED THEREIN, INCLUDING THE PRICES AND ACCESS RULES FOR ANY FUNCTIONALITY, AT ANY TIME WITHOUT NOTICE. THE CONTENT INCLUDED ON THE SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.

ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICE IS DELIVERED TO YOU FOR YOUR USE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM RAYZE’S PROVISION OF, OR FAILURE TO PROVIDE, ANY SUCH INFORMATION.

THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE.

You understand and agree that temporary interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond our control. If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

18. Limitation of Liability

IN NO EVENT SHALL RAYZE OR ANY OTHER RAYZE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE.

IN NO EVENT SHALL THE TOTAL LIABILITY OF RAYZE TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SERVICE EXCEED, IN THE AGGREGATE, THE LESSER OF $100 OR ANY SUBSCRIPTION FEES PAID BY YOU TO RAYZE DURING THE TWELVE (12) MONTHS PRECEDING ANY SUCH CLAIM.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

19. Indemnification

Users agree to defend, indemnify, and hold Rayze and the other Rayze Parties harmless from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys’ fees, that arise from (i) your use or misuse of the Service, (ii) your violation of these Terms of Service or any of the other Governing Documents, (iii) your violation of any laws or regulations, (iv) any misrepresentation made by you, or (v) a breach of any representations and warranties you have made to us. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

20. Miscellaneous

You agree that the Service is based solely in Pennsylvania and shall not give rise to personal jurisdiction over Rayze, either specific or general, in jurisdictions other than Pennsylvania. These Terms of Service, together with the Privacy Policy and the other Governing Documents, shall all be governed and construed in accordance with the internal laws of the Commonwealth of Pennsylvania, without regard to conflicts of law principles. You agree that any legal action or proceeding between Rayze and you for any purpose concerning these Terms of Service, the Privacy Policy, the other Governing Documents or your use of the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Philadelphia, Pennsylvania.

Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

You and Rayze agree that any controversy or claim arising out of or relating to the Terms of Service shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect, and judgment on the award rendered by the arbitrator(s) may be entered in any court with jurisdiction (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled in Philadelphia, Pennsylvania by a sole arbitrator chosen by Rayze and run in accordance with the rules applicable in the Commonwealth of Pennsylvania. Any arbitration under the Terms of Service will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms of Service, you and Rayze are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.

We control and operate our Service from the United States and we make no representations or warranties that the information or services provided through our Service are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Service in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Service to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion.

These Terms of Service, together with the Privacy Policy and the other Governing Documents, constitute the entire agreement between you and Rayze concerning the Service and the services provided by Rayze. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. Rayze’s failure to insist upon or enforce strict performance of any provision of these Terms of Service or any of the other Governing Documents shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. Rayze may assign its rights and duties under these Terms of Service or any of the other Governing Documents to any party at any time without notice to you.

Most communications between Rayze and you will be sent and received electronically, and you hereby consent to receiving communications in any form from Rayze in connection with the Service, including but not limited to the following: in-app messages, electronic mail, telephone calls (landline or wireless) and text messages (i.e., SMS and/or MMS communications), including calls and text messages made to wireless telephone numbers that are automatically dialed and/or include pre-recorded messages. You agree that all electronic communication between Rayze and you shall satisfy any legal requirements that such communications be in writing.

Any rights of Rayze not expressly granted herein are reserved.

These Terms of Service were last updated June 29, 2022.