Terms of Service

Welcome to Offeraise, a website operated by Offeraise (“Offeraise,” “we,” “us,” or “our”). These Terms of Service (the “Terms”) apply to your use of the Offeraise website (the “Site”), the Offeraise service (the “Service”), and any other products, services, offers, features, or functionality offered by Offeraise (collectively, the “Offeraise Services”).

By accessing or using the Offeraise Services, you agree to be bound by these Terms, which constitute a binding agreement between you and Offeraise. If you do not agree to these Terms, you may not use the Offeraise Services.

Changes to the Terms

We reserve the right to modify these Terms at any time, and without prior notice, by posting amended Terms on the Site. Your continued use of the Offeraise Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to any of the new Terms, you must stop using the Offeraise Services.

Eligibility

To use the Offeraise Services, you must be at least 18 years of age and capable of entering into a binding agreement. By using the Offeraise Services, you represent and warrant that you meet these eligibility requirements.

Use of the Offeraise Services

Subject to these Terms, Offeraise grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Offeraise Services for your personal or internal business purposes. You may not use the Offeraise Services for any other purposes without our prior written consent.

User Content

You may be able to upload, post, or otherwise provide content, materials, or information through the Offeraise Services (“User Content”). You retain ownership of all User Content you submit or make available through the Offeraise Services. However, by submitting or making available User Content through the Offeraise Services, you grant Offeraise a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Offeraise Services and Offeraise's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

Prohibited Conduct

You agree that you will not engage in any activity that interferes with or disrupts the Offeraise Services (or the servers and networks that are connected to the Offeraise Services), including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature. You also agree that you will not, without our prior written consent, (a) use the Offeraise Services for any commercial purpose, (b) copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Offeraise Services, (c) modify or create derivative works based on the Offeraise Services, (d) frame or mirror any part of the Offeraise Services, (e) reverse engineer any part of the Offeraise Services, (f) access the Offeraise Services in order to build a similar or competitive website,

Intellectual Property

The Offeraise Services and all content and materials contained therein, including but not limited to text, graphics, logos, icons, images, audio and video clips, and software, are owned or licensed by Offeraise and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with these Terms, Offeraise grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Offeraise Services for your personal or internal business purposes. You may not use the Offeraise Services for any other purposes without our prior written consent.

Third-Party Websites and Services

The Offeraise Services may contain links to third-party websites or services that are not owned or controlled by Offeraise. Offeraise has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Offeraise shall not be 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 third-party websites or services.

Disclaimer of Warranties

THE OFFERAISE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE OFFERAISE SERVICES, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE OFFERAISE SERVICES. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES, AND 2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

Limitation of Liability

IN NO EVENT SHALL OFFERAISE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERAISE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF OFFERAISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF OFFERAISE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, OR ASSIGNS FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE OFFERAISE SERVICES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO OFFERAISE FOR THE USE OF THE OFFERAISE SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH CLAIM.

Indemnification

You agree to defend, indemnify, and hold harmless Offeraise, its officers, directors, employees, agents, successors, subsidiaries, affiliates, licensors, suppliers, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the Offeraise Services, (b) your User Content, (c) your violation of these Terms, or (d) your violation of any rights of another.

Termination

We may terminate or suspend access to the Offeraise Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Offeraise Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law and Arbitration

If any dispute arises between you and Offeraise, we will attempt to resolve the dispute through informal negotiation within 30 days from the date that either party sends to the other a written request for negotiation. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to mediation in accordance with the rules of the British Columbia International Commercial Arbitration Centre. If mediation is unsuccessful, the parties shall settle the dispute through binding arbitration in Vancouver, British Columbia, in accordance with the commercial arbitration rules of the British Columbia International Commercial Arbitration Centre. The decision of the arbitrator(s) shall be binding and final, and may be entered as a judgment in any court of competent jurisdiction. The parties shall share equally in the costs of mediation and arbitration, except that each party shall bear its own attorneys' fees and costs.

Entire Agreement and Severability

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Offeraise regarding the use of the Offeraise Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Offeraise's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Offeraise without restriction.

Notice

Any notices or other communications provided by Offeraise under these Terms, including those regarding modifications to these Terms, will be given by email, posting on the Offeraise Services, or by other reasonable means.

Contact Us

If you have any questions about these Terms, please contact us at legal@offeraise.com.

Thank you for using Offeraise!

​

Copyright © 2023 Offeraise. All rights reserved.
​Privacy Policy | Terms of Service | Disclaimer | About​