Last Updated: February 2026
Table of Contents
Introduction
Accessing the Services
Information Collected About You
Payment Terms and Refunds
Subscriptions, Automatic Renewal, and Cancellation
Linked Sites
Intellectual Property Rights and Ownership of Services
Accuracy of Information and Reliance on Information Posted
Linking to The Services
Prohibited Uses
User Contributions
Geographic Restrictions
SMS/MMS Mobile Messaging Program
Disclaimers and Limitation of Liability
Indemnification
Binding Arbitration of Most Disputes; No Class Relief
Dispute Resolution (If and Only if a Tribunal has Ruled that Arbitration is Prohibited by Applicable Law)
Additional Terms
Contact Us
These Terms of Service (“Terms”) apply to and govern your access to and use of any website, mobile site or app, social media site, software, applications, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, including any transactions, orders, sales, purchases, or the acquisition of goods or services (collectively the “Services”), that are owned, operated, or provided by SunRaise Capital, LLC or its subsidiaries, divisions, and affiliates (collectively, “SunRaise,” “Company,” “we,” or “us”).
SunRaise offers the Services, including all information, tools, services, goods, and products available through the Services, to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein or incorporated by reference. Please read these Terms carefully before making any transaction with us or otherwise using the Services. Parts of the Services may require you to agree to additional terms or execute agreements with SunRaise. If you use any such portions of the Services, those terms will govern in addition to these general Terms.
THE SERVICES ARE NOT INVESTMENT ADVICE. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. ANY INVESTMENT INVOLVES A HIGH DEGREE OF RISK AND CAN RESULT IN SIGNIFICANT LOSSES, INCLUDING THE LOSS OF YOUR ENTIRE INVESTMENT. THE SERVICES ACT ONLY TO CONNECT PARTIES TO AN INVESTMENT TRANSACTION AND SUNRAISE DOES NOT REPRESENT OR ENDORSE ANY INVESTOR OR INVESTMENT OPPORUNITY PRESENTED ON THE SERVICES. ALL PARTICIPANTS ARE SOLELY RESPONSIBLE FOR DOING THEIR OWN DILIGENCE ON ANY INVESTMENT TRANSACTION.
By making any transaction or by visiting or otherwise using the Services, you acknowledge, accept, and agree to be bound and abide by these Terms and our Privacy Policy (which is incorporated herein by reference), both on your behalf, and, as applicable, on behalf of the company, government agency, or juridical entity that you are affiliated or associated with, and you represent and warrant that you have the authority to bind such entity to our Terms and Privacy Policy. If you do not have such authority, or if you do not agree to these Terms or our Privacy Policy, then accessing the Services is strictly prohibited, and you must immediately exit and cease using the Services.
By using the Services, you further agree that you are at least eighteen years of age and are the legal age of majority in the jurisdiction in which you reside. No person under the age of eighteen is permitted to provide their personal information in any capacity through the Services, even if they have obtained parental consent to do so. The Services are only offered and available to users who are at least eighteen years of age or older. IF YOU ARE UNDER THE AGE OF EIGHTEEN YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
We reserve the right to change these Terms at any time and at our sole discretion. Any changes to the Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Services. It is your responsibility to check periodically for any changes we may make to these Terms. The date of the latest revision to these Terms is available at the top of this page.
THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERN YOUR USE OF THE SERVICES, ARE LEGALLY BINDING, LIMIT SUNRAISE’S LIABILITY TO YOU, AND REQUIRE YOU TO INDEMNIFY US AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION. YOUR CONTINUED USE OF THE SERVICES AFFIRMS YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ANY FUTURE MODIFICATIONS OR AMENDMENTS TO THESE TERMS, DO NOT USE OUR SERVICES.
These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.
We reserve the right to withdraw or amend our Services at our sole discretion and without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entirety of the Services, to certain users.
To access or use the Services, you may be asked to provide certain registration details or other information, or may be provided with a username, password, or other similar credentials as part of our security procedures.
As a condition of your use of the Services, you agree:
• that you will not utilize any automated means to use or access the Services in whole or in part;
• that you are prohibited from using or accessing the Services if you are a person or entity barred from receiving the Services under the laws of the United States or other countries, including the country in which you are a resident or from which you use or access the Services;
• to maintain the confidentiality of any account, and any associated credentials, you use on or for the Services and any information related thereto, as applicable;
• that your account and credentials are for your single, personal use only, and you are strictly prohibited from sharing your username, password, or access credentials with any other person;
• that any information that you provide on the Services will be correct, current, and complete;
• that you are solely responsible for all access to and use of the Services by anyone using your account or other identification or credentials, on or for the Services, whether or not such access to, and use of, the Services is actually authorized by you;
• to notify us immediately of any unauthorized use of the Services, including any compromise of your account information or other identification or credentials, as applicable, and any other breach of security;
• to promptly change your password, or other similar credentials, if you suspect it has been compromised; and
• not to sell, transfer, or assign your account or credentials, or any rights therein.
SunRaise is not responsible for any unauthorized accounts that may appear on the Services, and in the event of any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate in our sole and exclusive discretion, with or without notice. We further reserve the right to take any action we deem necessary or reasonable to maintain the security of the Services or of any account, including without limitation, suspending, or terminating an account or a user’s access to the Services. While we will take prudent steps to protect all accounts and the security of information on the Service, you understand that we cannot protect your information outside of the Services.
You also understand and agree that SunRaise may assume that any transaction, order, purchase, or communications we receive through your account or credentials have been made or authorized by you. SunRaise expressly disclaims any liability from misuse of any and all accounts or credentials, and in no event will we be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction taken under this provision; (ii) any compromise of the confidentiality of your account or other identification or credentials; or (iii) any unauthorized access or use of your account or credentials. You agree to defend, indemnify, and hold SunRaise harmless from and against all third-party claims, damages, and expenses (including reasonable attorney’s fees) against or incurred by SunRaise arising out of your breach of these Terms or violation of applicable law, your use or access of the Services, or access by anyone accessing the Services using your account or other identification or credentials.
All information that you provide to us, including, but not limited to, through the use of any interactive features on the Services, or that we otherwise collect on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Some features of the Services may require you to make certain payments. SunRaise may use third party services to process payments, which have their own separate terms of service. While SunRaise will use commercially reasonable efforts to ensure the security of all payment information such as credit cards or bank account numbers, SunRaise expressly disclaims any liability for any damage that may result should any third parties gain access to such information, and you agree to hold SunRaise harmless for any damages that may result therefrom.
You represent and warrant that you have the right to use any means of payment that you provide to us. All billing information you provide to us must be current, complete, truthful, and accurate. You agree to promptly update your account and other information, including your email address and payment methods, so that we can complete your transactions and contact you as needed. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your account or termination of your access to and use of the Services. In addition, verification of information may be required prior to the acknowledgment or completion of any transaction. We reserve the right to refuse or cancel any transaction for any reason, including limitations on availability, inaccuracies, errors in service or pricing information, or other problems identified by us, such as fraud.
Any payment terms provided to you separately in any other contract or agreement with SunRaise will govern over these terms unless otherwise stated.
The Services may provide links to other third-party websites (“Linked Sites”). SunRaise has not reviewed all of the information on the Linked Sites, does not maintain Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site, or the privacy policies of any Linked Site. The content, materials, and information contained on any Linked Site is solely the responsibility of the provider of that Linked Site. SunRaise is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by SunRaise of the Linked Site. The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of SunRaise.
If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, recommendation of, or affiliation with, the third party or its products and services. SunRaise makes no representation or warranty as to any Linked Site content, products, or services, and you agree that SunRaise 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 use of or reliance on any such third-party content, products, or services available on or through any Linked Site or similar resource.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN ANY LINKED SITE.
The Services and its entire contents, features, and functionality, including without limitation all information, copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, displays, video, logos, icons, images, audio, downloads, interfaces, code, and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively, the “Content”), are all proprietary and owned or controlled by SunRaise, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws to the fullest extent possible.
These Terms grant you a limited, revocable, nontransferable, nonexclusive license to use the Services and Content solely for your own personal, non-commercial use. You understand and agree that this license is not a transfer of title, right, or interest in the Services or Content, and that you are strictly prohibited from copying, modifying, recording, screen capturing, reproducing, publicly displaying, or attempting to decompile or reverse engineer the Services or Content; using the Services or Content for any commercial purpose (except as otherwise permitted by SunRaise); removing any copyright, trademark, or other proprietary notations from the Services or Content; and otherwise infringing upon the intellectual property rights of SunRaise or its licensors.
This license shall automatically terminate if you violate any of these restrictions, or any provision of the Terms, and may be terminated by SunRaise at any time for any or no reason. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format and immediately cease all access and use of the Services. Except as expressly provided in these Terms, no assignments or license of intellectual property are granted by SunRaise.
SunRaise owns and uses several trademarks on the Services, along with related names, logos, product and service names, designs, and slogans. You must not use such marks without the prior written permission of SunRaise. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SunRaise attempts to ensure that information on the Services is complete, accurate, and current. However, despite our efforts, the information on the Services may occasionally be inaccurate, incomplete, or out of date. Additionally, while SunRaise makes all reasonable efforts to accurately display the attributes of its Services, we cannot and do not guarantee that any device will accurately display such attributes.
SunRaise is not a financial advisor or investment advisor. We do not provide personalized investment advice or act as a fiduciary. Past performance is not indicative of future results. Any investment or financing arrangement involves a high degree of risk and can result in significant losses, including the loss of your entire investment. You are solely responsible for your own investment decisions. You should consult with your own legal, tax, and financial advisors before engaging in any transaction.
Accordingly, we do not warrant the completeness, accuracy, timeliness, or usefulness of any information on the Services, and any reliance you place on such information is strictly at your own risk. The information and material presented on or through the Services is made available solely for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.
We reserve the right to modify our Content and the Services at any time, but we have no obligation to update our Content or Services. You agree that it is your responsibility to monitor changes to our Content and our Services.
Creating or maintaining any link to any page or portion of the Services, or running or displaying the Services or any Content in any format without SunRaise’s prior written permission, is strictly prohibited. Any permitted links to the Services must comply with all applicable laws, rules, and regulations. In the event you are permitted to link to this Services, you must also do so in a way that is fair and legal and complies with our Terms, does not dishonestly damage our reputation or take advantage of it, and does not suggest any form of association, approval, or endorsement on our part. The website from which you are linking, or on which you make certain content accessible, must also comply in all respects with the Content Standards set out in these Terms. You agree to cooperate with us in immediately ceasing any unauthorized display or linking of our Services or Content. We reserve the right to withdraw permission without notice, and we may disable all or any social media features and any links at any time without notice in our discretion.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate SunRaise, a SunRaise employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm SunRaise or users of the Services, or expose them to liability.
Additionally, you agree not to:
• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Services.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Services.
The Services may now or in the future contain interactive features that allow users to post, submit, publish, display, or transmit to SunRaise, other users, or other persons content or materials (collectively, “User Contributions”) on or through the Services. Other than personally identifiable information, which is subject to our Privacy Policy, any such User Contributions, including but not limited to creative material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communications you transmit or post to or through our Services in any manner, is and will be considered non-confidential and non-proprietary.
All User Contributions may be retained by us indefinitely. By submitting any User Contributions, you grant to SunRaise a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Contributions in any manner, including to create derivative works, without any compensation or notice to you. To the extent that your User Contributions contain a third party’s personal information, you warrant and agree that you have the third party’s consent to provide such information, that the third party is at least eighteen years of age, and that the third party is a legal resident of the United States.
All User Contributions must comply with the Content Standards set out in these Terms.
We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion and to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion.
You further represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers.
• All of your User Contributions do and will comply with these Terms.
• You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not SunRaise, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
SunRaise is based in the United States; as such, we provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its Content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Marketing Messages and Opting-In
SunRaise offers a mobile marketing messaging program in connection with the Services (the “Program”), where, if you opt-in to the Program, you agree to these Terms and to receive marketing text messages from us through our third-party service provider. Opting-in to the Program is optional and not a condition of any purchase or submission of any application. The Program allows you to receive SMS/MMS mobile marketing messages by voluntarily and affirmatively opting into the Program, such as through online or application-based enrollment forms. Service-related messages may also include updates, alerts, and information (e.g., order updates, account alerts, etc.).
Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded mobile marketing messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving mobile messages. Under no circumstances will we be responsible for any messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number.
Data obtained from you in connection with the Program may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us.
Mobile Messaging Opt-Out (Marketing and Transactional Messages)
If you do not wish to continue participating in the Program, or if you have received transactional or other non-marketing SMS/MMS text messages from SunRaise and you wish to opt-out of the receipt of additional SMS/MMS text messages, you may reply “STOP” to any mobile message from us in order to opt out of the Program or in order to opt-out of the receipt of transactional or other non-marketing SMS/MMS text messages. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out.
The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging. For support regarding the Program, text “HELP” to the number you received messages from or email us at support@sunraisecapital.com.
Telemarketing Law Compliance
We endeavor to comply with all applicable telemarketing laws, including but not limited to the Telephone Consumer Protection Act (“TCPA”), and its state equivalents. For purposes of compliance, you agree that we may assume that you are a resident of a certain state if, at the time of your opt-in to the Program, (1) your mailing or shipping address, as provided, is located in that state or (2) the area code for the phone number used to opt-into the Program is an area code for that state. You agree that the requirements of a state’s telemarketing laws do not apply to you, and you shall not assert that you are resident of that state, if you do not meet either of the foregoing criteria or, in the alternative, do not affirmatively advise us in writing that you are a resident of the state by sending written notice to us. You further agree that mobile messages sent by us in direct response to mobile messages or requests from you (including but not limited to response to keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” (e.g., for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616)), “telephone solicitation” (e.g., for purposes of the TCPA and state laws), or an otherwise unsolicited call or message that is subject to a telemarketing law, to the extent such laws are relevant and applicable.
YOUR USE OF THE SERVICES IS AT YOUR RISK. THE SERVICES AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SERVICES, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SERVICES. WITHOUT LIMITING THE FOREGOING, SUNRAISE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WHICH MAY BE IMPLIED BY LAW. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
ADDITIONALLY, IN NO EVENT WILL SUNRAISE OR ITS RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, BUSINESS INTERRUPTION, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF SUNRAISE HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
THE MAXIMUM LIABILITY OF SUNRAISE AND ITS RESPECTIVE PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LESS.
If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered, to the maximum extent permitted by law, including but not limited to that permitted by California Civil Code Section 1542.
Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless SunRaise and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Services, including use of any good, product, or service purchased through the Services, (b) violation of these Terms by you, including any misrepresentations made by you in connection with your use of the Services (c) your violation of any law or the rights of a third-party, (d) the acts or omissions of any other user or third party, or (e) any claims, damages, charges of discrimination, demands, losses, liabilities and causes of action, of any type, that any current or former employee, consultant, or contractor may raise or allege that use of the Services or any hiring decision based in any way upon use of the Services violates any federal, state, or local statutes, ordinances, or common law. If you fail to promptly indemnify and defend a covered claim, SunRaise shall have the right to defend itself, and in such case, you shall promptly reimburse SunRaise for all of its associated costs and expenses. SunRaise reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.
This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and we agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act.
We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Services, (ii) any subscriptions or other purchases, transactions or relationships related to your use of the Services, or (iii) any data or information you may provide to us or that we may gather in connection with such use, interaction, subscriptions, purchases, transactions or relationships (collectively, “Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services, or engaging in any other Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Services, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms or any Transactions or Relationships shall be resolved exclusively by final, confidential and binding arbitration (“Arbitration”) before a single arbitrator administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time.
a. Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and us.
b. Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms or these arbitration provisions.
c. Location of Arbitration. The Arbitration shall be held either: (i) at a location determined pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
d. Governing Law. The Arbitrator (i) shall apply internal laws of the State of Florida consistent with the Federal Arbitration Act and applicable statutes of limitations.
e. No Class Relief. The Arbitration can resolve only your or our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated.
f. Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
g. Small Claims Matters are Excluded. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim for damages you have against us in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
h. Reasonable Attorney’s Fees. In the event you recover an award greater than our last written settlement offer, the Arbitrator shall also have the right to include in the award our reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration. In the event you recover an award less than our last written settlement offer, or you are found to not be entitled to any award, the Arbitrator shall also have the right to entitle SunRaise to the reimbursement, by you, of our reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration.
i. Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate any dispute between us and you, and must instead bring any claims subject to the Dispute Resolution (If and Only if a Tribunal has Ruled that Arbitration is Prohibited by Applicable Law) section.
j. Modification of Arbitration Clause With Notice. We may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after we have given notice of such modifications and only on a prospective basis for claims arising from transactions or relationships occurring after the effective date of such notification. If any modification pursuant to this subpart (j) is deemed to be invalid, unenforceable, or illegal, then the arbitration provisions effective at the time of your agreement to these Terms shall govern any dispute or disagreement between you and us arising out of or related to your use of the Services or relationship with SunRaise.
k. Confidentiality of Arbitration. You and we agree to maintain the confidential nature of the Arbitration and shall not disclose the facts of the Arbitration, any documents exchanged as part of any mediation, proceedings of the Arbitration, the Arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the Arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by applicable law or court order.
Dispute Resolution (If and Only if a Tribunal has Ruled that Arbitration is Prohibited by Applicable Law)
This section applies only where applicable law, as determined by a court with appropriate jurisdiction, prohibits arbitration of disputes in accordance with the previous section regarding arbitration.
a. Procedure. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Services (collectively, a “Non-Arbitration Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Non-Arbitration Dispute, along with a proposed resolution of it. Your notice to us must be sent to: support@ sunraisecapital.com.
b. Jurisdiction. The parties agree that the state or federal courts in Florida shall have non-exclusive jurisdiction of any Non-Arbitration Dispute.
c. Governing Law. To the maximum extent permitted by the mandatory laws in your country of residence, these Terms and any Non-Arbitration Dispute arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the U.S. and the State of Florida without regard to its conflicts of law provisions.
Class Waiver
REGARDLESS OF WHETHER A DISPUTE IS BROUGHT IN ARBITRATION OR BEFORE A COURT, YOU AGREE THAT YOU WILL SEEK LEGAL RELIEF ONLY ON BEHALF OF YOURSELF AND NOT ON BEHALF OF, ANY CLASS OR CLASSES OF PERSONS, AND THAT YOU WILL NOT PARTICIPATE IN ANY CLASS OR COLLECTIVE ACTION PROCEEDING.
The failure of SunRaise to enforce any term or condition set out in these Terms shall not be deemed waiver of such term or condition or a waiver of any other term or condition.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
These Terms and our Privacy Policy constitute the sole and entire agreement between you and SunRaise regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. You may be subject to additional terms and conditions when you purchase products or participate in a sweepstakes, contest, or other promotions.
Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms will be brought exclusively in the federal or state courts located in Orange County, Florida, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
Our Services are operated by SunRaise Capital, LLC. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Complaints and DMCA Copyright Agent policy in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to:
SunRaise Capital, LLC
4021 Church Street
Sanford, FL 32771
support@sunraisecapital.com
