Welcome to the InstaRaise website (the “Website”). This Website is owned and operated by Joint Marketing Solutions, LLC (“JMS”). These Terms of Use (the “Terms”) govern your use of the Website, as well as any content, features, and services offered through the Website. By accessing or using the Website, you agree to be bound by these Terms, which constitute a legally binding agreement between you and JMS. If you do not agree to these Terms, you should not use the Website. These Terms also incorporate our Privacy Policy, which explains how we collect, use, and disclose information about you. Please read these Terms and our Privacy Policy carefully before using the Website.
- Ownership and License
All content, information, and materials on our website, including but not limited to text, graphics, images, logos, button icons, software, and audio clips (collectively, the “Content”), are the property of JMS or its content suppliers and are protected by U.S. and international copyright laws. JMS grants you a limited, non-exclusive, non-transferable, revocable license to access and use our website and its Content solely for your personal, non-commercial use. - Prohibited Conduct
You agree not to use our website or its Content for any illegal or unauthorized purpose, including but not limited to: (a) violating any applicable law or regulation; (b) engaging in any activity that could harm, disable, overburden, or impair our website or interfere with any other party’s use of our website; (c) attempting to gain unauthorized access to our website or its Content, or any systems or networks connected to our website, through hacking, password mining, or any other means; (d) scraping or otherwise using any automated means to access our website or its Content; (e) impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity; or (f) engaging in any other conduct that JMS, in its sole discretion, determines is inappropriate or harmful to its interests. - Disclaimers
OUR WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JMS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE CONTENT, INFORMATION, OR MATERIALS INCLUDED ON OUR WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JMS DOES NOT WARRANT THAT OUR WEBSITE, ITS CONTENT, OR THE SERVERS THAT MAKE OUR WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JMS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. - Limitation of Liability
IN NO EVENT SHALL JMS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF JMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR ITS CONTENT. - Indemnification
You agree to indemnify, defend, and hold harmless JMS, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your use of our website (including but not limited to negligent or wrongful conduct) by you or any other person accessing the website using your account. - Disclaimer of Warranties
Our website and its contents are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. JMS makes no representations or warranties that the website will be uninterrupted, error-free, or free of viruses or other harmful components. - Limitation of Liability
In no event shall JMS, its affiliates, officers, directors, employees, agents, licensors, or suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of our website, whether based on contract, tort, strict liability, or any other theory of liability. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. - Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or our website shall be filed only in the state or federal courts located in the County of Nassau, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. - Changes to Terms of Use
JMS reserves the right to change these Terms of Use at any time, without prior notice. Your continued use of our website following any changes constitutes your acceptance of the revised Terms of Use. - Miscellaneous
If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. JMS’s failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. These Terms of Use, together with the Privacy Policy and any additional terms to which you agree when using particular elements of our website, constitute the entire agreement between you and JMS regarding your use of our website. - Governing Law and Jurisdiction
These Terms of Use and your use of our website shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or your use of our website shall be filed only in the state or federal courts located in New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. - Termination
We reserve the right to terminate your access to our website at any time without notice or liability, including without limitation if you breach these Terms of Use or engage in conduct that we deem inappropriate or harmful to our website, JMS, or our users. - Changes to Terms of Use
We reserve the right to update or modify these Terms of Use at any time without prior notice, and such changes will be effective immediately upon posting on our website. Your continued use of our website after any such changes constitutes your acceptance of the new Terms of Use. - Contact Us
If you have any questions about these Terms of Use, please contact us at [email protected] or by mail at 40 Willow Ave, Suite B, Cedarhurst, NY 11516.