Date of last revision: February 3, 2021
Introduction. Before you use this website (the “Website”), please carefully read these Terms of Use (the “Terms”), which govern your use of the information, content, tools, products and services on this Website. We may update these Terms from time to time, in our sole discretion, and any updates made to the Terms go into effect once they are posted – and by using this Website, you are agreeing to the Terms. We suggest that you periodically check these Terms for updates.
This Website is provided by The Charitable Payraise, LLC (the ” Charitable Payraise “) and may be used for informational purposes only. Charitable Payraise may modify, suspend, discontinue, or restrict the use and availability of some or all of this Website at any time, without notice or liability. By using this Website, or downloading materials from it, you agree to abide by the following terms and conditions and our Privacy Policy (the “Privacy Policy). In addition, the use of this Website is subject to the terms of the Non-disclosure Agreement you signed prior to being given access to this Website.
If you do not agree with the following conditions and Terms, please exit this Website immediately. If you agree to be bound by the following Terms and conditions, please check the “I accept the Terms/User Agreement” box at the end of this Agreement and click on the ACCEPT button to provide your affirmative acceptance.
Grant of License and Restrictions on Use
Charitable Payraise grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within this Website solely for your personal, informational, and noncommercial use or as expressly authorized by Charitable Payraise in writing. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access this Website. Charitable Payraise reserves all rights not expressly granted in these Terms. Except as otherwise stated in these Terms or as expressly authorized by Charitable Payraise in writing, you may not (or enable others to):
Proprietary Information. All information, material and content accessible on or generated by the Charitable Payraise Website, including, but not limited to, text, graphics, images, software applications and code, video, audio, and user interface design (“Content”) is the proprietary information of Charitable Payraise, and is protected by United States and foreign copyright laws and conventions. Charitable Payraise retains all right, title, and interest in and to the Content. You may print out a copy of the Content solely for your personal use, provided you do not remove or alter, or cause to be removed or altered, any copyright, trademark, service mark, or any other proprietary notice or legend or regulatory disclosure appearing on any of the Content, except as expressly authorized by Charitable Payraise in writing. You may not modify, reproduce, copy, distribute, transmit, display, publish, download or upload, sell, license, create derivative works of or use any aspect of the Content for commercial or public purposes or for any other purpose not expressly permitted by these Terms. The use of Content on any other site or in a networked computer environment for any purpose, or any other republication, redistribution or use of the Content, including framing the Content within another site, is expressly prohibited.
Security. Access to selected sections of this Website are restricted and, at a minimum, require the use of user identification information (“UserID”) and a secure password to login, and Charitable Payraise may require you to change/update your secure password on a regular basis. Additional security measures may be implemented as part of the login process, including, for example, but not limited to, multi-factor authentication, use of a Personal Identification Number (“PIN”), biometrics, use of security questions, and/or use of other appropriate security measures in our sole discretion. You are responsible for the confidentiality and use of your UserID, password, and all other security information and for securing the account or device you use for multi-factor authentication. You agree it is your responsibility to provide and maintain your current, complete, and accurate personal information. You also agree that you will only use the Website to access your personal account or those accounts on which you are authorized to act; and agree not to obtain or attempt to obtain access to accounts and/or sections of this Website to which you are not authorized to access. While Charitable Payraise may use reasonable precautions to protect confidential information and provide suitable security, we cannot guarantee that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error. Violation of any portion of this term is grounds for immediate termination of your access rights to the Website.
Website Content. The Materials on this Website are for information, education, and noncommercial purposes only, except as expressly authorized by Charitable Payraise in writing. Although Charitable Payraise may provide data, information, and content relating to retirement investment approaches, you should not construe any such information or other content available through this Website as legal or tax advice. Third parties may supply some of this data, information, and content, but Charitable Payraise does not: independently verify the information provided by third parties; guarantee the accuracy, completeness, timeliness or correct sequencing of such information; and assumes no responsibility for Content displayed on the Website that may be provided by another party. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any Materials on this Website before making any decisions based on such Materials. In exchange for using such Materials, you agree not to hold Charitable Payraise or its third-party information providers liable for any possible claim for damages arising from any decision you make based on the Materials made available to you through this Website. By providing access to other websites, neither Charitable Payraise nor any of its affiliates is neither recommending nor endorsing services provided by any website’s sponsoring organization.
Copyright Policy & DMCA Notice. All Materials on this Website, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code, and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by Charitable Payraise and its third-party information providers, and are protected by United States and international intellectual property laws.
Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”), Charitable Payraise designates an agent as described below to receive notifications of claimed copyright infringement by mail:
David R. Schaffer
c/o Miles & Stockbridge P.C.
1751 Pinnacle Drive, Suite 1500,
Tysons Corner, VA 22102
dschaffer@milesstockbridge.com
703 610-8649
The designated copyright agent can also be reached by telephone at (703)610-8649, by fax at (703) 610-8686, and by e-mail at dschaffer@milesstockbridge.com and legal@charitablepayraise.com.
Trademarks. The Charitable Payraise and ROQS names and the other trademarks, service marks, logos, URLs and domain names, registered or not (collectively, “Marks”), appearing on the Charitable Payraise Website are the property of Charitable Payraise. You may not use, copy, download, display, transmit or modify any Charitable Payraise Mark in any way without the prior written consent of Charitable Payraise. In addition, you are not authorized to make use of Charitable Payraise’s Marks as metatags.
All third party trademarks and service marks appearing on this Website are the exclusive property of their respective owners.
Patents. The Charitable Payraise Website and method of operation are the subject of a pending United States Non-Provisional Utility Patent Application.
Links. Charitable Payraise may provide hyperlinks to sites owned or operated by third parties (“Third Party Sites”) or permit a link from a Third Party Site to the Charitable Payraise Website. Such links are for your convenience only and do not imply any affiliation with, or an endorsement, authorization, sponsorship or promotion of the Third Party Site. Charitable Payraise accepts no responsibility for the content, products or services provided at these Third Party Sites. If you decide to access such Third Party Sites, you do so solely at your own risk, and you should be aware that Third Party Sites are governed by their own terms and conditions. Charitable Payraise is not liable for any damages incurred as a result of clicking on a link to any Third Party Site.
Links to the Charitable Payraise Website can be made only with the express written permission of and grant by Charitable Payraise of a limited, revocable, nonexclusive right to create a link to the Website.
Territory of Use. The Charitable Payraise Website is intended to be made available only to U.S. residents and is not authorized for use by non-U.S. residents. You agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States. This Website shall not be considered a solicitation for or offering of any investment product or service to any person in any jurisdiction where such solicitation or offering would be illegal.
Termination. For Individuals, i.e., Personal Investors, this license terminates immediately upon any violation by you of these Terms. Charitable Payraise, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of this Website at any time and for any reason whatsoever, without notice or liability. Charitable Payraise will not be liable to you or any third-party for any termination of your access to or use of this Website.
For Financial Advisors, this license terminates immediately upon cancellation of the “Advisor Access” Agreement between you and Charitable Payraise. In addition, upon any violation by you or your clients of these Terms, Charitable Payraise will temporarily terminate your access to and use of this Website, without notice or liability. Such temporary termination will only be removed upon your and/or your client’s compliance with these Terms. Charitable Payraise will not be liable to you or any third-party for any termination of your access to or use of this Website.
Warranty Disclaimers. Charitable Payraise makes no warranty or representation that the information on the Charitable Payraise Website is complete, accurate, up-to-date or error-free, or that known defects will be corrected. Content, services, products or functions available on the Charitable Payraise Website may contain inaccuracies or errors and may be changed or updated at any time without notice and in Charitable Payraise’s sole discretion, but Charitable Payraise has no obligation to update the Website. THEREFORE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, CHARITABLE PAYRAISE AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ANY THIRD-PARTY INFORMATION PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY, WITH RESPECT TO: (I) THE WEBSITE; (II) ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE; (III) USE OF THE WEBSITE, MATERIALS, PRODUCTS, OR SERVICES; AND (IV) THE RESULTS OF THE USE OF THE WEBSITE, MATERIALS, PRODUCTS, OR SERVICES.
CHARITABLE PAYRAISE AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ANY THIRD-PARTY INFORMATION PROVIDERS ALSO EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF THE MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THIS WEBSITE.
EXCEPT AS PROVIDED BY LAW, NEITHER CHARITABLE PAYRAISE NOR ITS THIRD-PARTY INFORMATION PROVIDERS HAS ANY RESPONSIBILITY TO MAINTAIN THE MATERIALS, PRODUCTS, OR SERVICES OFFERED ON THE SITE OR TO SUPPLY CORRECTIONS, UPDATES, OR RELEASES FOR THE SAME.
TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
Disabling devices. No warranty or representation is made that any Content, service, product or function, including without limitation any downloadable files, available on the Website is free of computer viruses, malware or other destructive or harmful programs, software, code or devices which may erase, scramble, lock or disable any computer software, content or equipment or may prevent users from using a site or any other item of hardware or software. You should routinely scan your system and downloaded files for such disabling devices.
Limitation of Liability and Indemnity. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE CHARITABLE PAYRAISE WEBSITE ARE DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
NEITHER CHARITABLE PAYRAISE NOR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE USE OF OR INABILITY TO USE THE WEBSITE, MATERIALS, OR ANY PRODUCTS OR SERVICES PROVIDED HEREIN, OR ANY OTHER MATTER RELATING TO THIS WEBSITE, EVEN IF CHARITABLE PAYRAISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF CHARITABLE PAYRAISE AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.
You agree to indemnify, defend, and hold harmless Charitable Payraise, its affiliates, and each of its and their officers, directors, employees, and agents, from and against all claims, demands, liabilities, damages, losses, or expenses, including attorney’s fees and costs, arising out of or related to your improper access to or use of this Website, or any violation by you of these Terms.
Integration and Severability
If any provision of these Terms is held by a court of competent jurisdiction to be unlawful, void or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions. These Terms represent the entire agreement between you and Charitable Payraise relating to the subject matter herein.
Applicable Law and Venue
The laws of the Commonwealth of Virginia, United States of America, without regard to principles of conflict of laws, govern these Terms and any dispute that might arise between you and Charitable Payraise. If you take legal action relating to these Terms, you agree to file such action either in the Fairfax County General District Court located in Fairfax, Virginia, or the United States District Court for the Eastern District of Virginia located in Alexandria, Virginia and in no other venue, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.
Children. The Charitable Payraise Website is not intended to market any products or services to children under thirteen (13) years of age. We do not knowingly gather or solicit data from children under thirteen (13) years of age through the Charitable Payraise Website for marketing or other purposes. By using the Charitable Payraise Website, you represent that you are not under thirteen (13) years of age.
U.S. Export Controls. Software is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with United States export control laws and that you will not transfer any software or other content from the Charitable Payraise Website in violation of United States export controls.
© 2021 The Charitable Payraise, LLC All rights reserved. | ROQS® and The Charitable Payraise® are Trademarks of The Charitable Payraise, LLC.®