The following terms and conditions apply to all fundraising activities arising from your agreements with Raynecorp., LLC d/b/a Your City Sampler, hereinafter referred to as “YCS”. The term “Group” collectively refers to any not-for-profit or organization which desires to fund raise.
Conditions on Participation
Your Group may use our products or services only if: (i) you are eighteen (18) years of age or older and are of the age of consent in your jurisdiction; (ii) your use of the Services will not violate any law in any applicable jurisdiction, including, but not limited to, United States export controls; (iii) you do not engage in any conduct that will impede, impair or interfere with the functioning of the Services;
(iv) you are legitimately raising funds for a charitable or not-for-profit purpose; and (v) you agree to be bound by and abide by all of the provisions of these YCS Policies and agree to the terms of the YCS Group Fundraising Agreement.
Your Consent
By using the Website of YCS, you and your Group consent to our collection and use of your information, in accordance with this Privacy Policy. If you do not agree with some, or all, of the terms of this Privacy Policy, you may not become a Subscriber, or otherwise visit the Websites.
Lost or Stolen “Your City Sampler” Brands Fundraising Cards
Once YCS Fundraising Cards are delivered to your Group, you are responsible for the sales, fundraising activities and the safekeeping of the Fundraising Cards. YCS is not responsible for any lost or stolen Fundraising Cards once they have been placed into the mail or otherwise issued for delivery to the Group. YCS reserves the right to require a fee be paid for each lost or stolen card in accordance with the Group Fundraising Agreement with which you are required to agree.
Distribution of Shipped “Your City Sampler” Brands Fundraising Cards
In cases where Fundraisers have YCS Brands Fundraising Cards shipped directly to them instead of the customer, the Fundraisers will agree to 1) take complete responsibility for the YCS Brands Fundraising Cards and 2) deliver the YCS Brands Fundraising Cards to their customers immediately and no later than 60 days from the date the card is sold in accordance with terms of the YCS Group Fundraising Contract. Most of YCS’s Brands Fundraising Cards will be shipped with no purchase necessary besides shipping and handling cost of the YCS Fundraising Cards to the Fundraising Coordinator/Group Leader who is responsible for distributing YCS Brands Fundraising Cards to the participants or group(s).
Returns – No risk policy
Fundraisers are not required to pay a fee to YCS for unsold Fundraising Cards. You must, however, return all unsold YCS Brands Fundraising Cards to YCS’s Coordinator on or before the date you make the final payment of the fees due to YCS. Final payment to YCS is due immediately upon the conclusion of your fundraising event and must be paid no later than 30 calendar days from the date your fundraising event ends.
No Minimums
YCS does not impose a minimum size on fundraisers. We encourage you to reach your goals.
Ownership of Information; Downloading of Materials; Retransmission and Redistribution of Data
Unless otherwise noted, all right, title and interest in and to the fundraising cards produced for you or your organization, all information made available through the our Website(s) or our Services, in all languages, formats and media throughout the United States and Canada, including all copyrights and trademarks therein, are and shall continue to be the exclusive property of Raynecorp, LLC d/b/a Your City Sampler and/or its Data Providers or participating Merchants. To the extent that the fundraising cards or this Website, or our Services contain information from third parties pursuant to rights granted as a matter of law (such as principles of “fair use”), YCS owns all right, title, and interest (including copyright), in all languages, logos, slogans, formats and media, and in the selection, arrangement and presentation of such information on the fundraising cards, Website or in our Services, as well as in the selection, arrangement, and presentation of all other content on the fundraising card, our Website and in our Services. Certain materials may be made available for download from these Websites. Subject to these Website Terms and Conditions, and the signed Group Fundraising Agreement, Raynecorp., LLC d/b/a Your City Sampler grants you limited permission to download and copy materials relating to your fundraising activity solely for your internal, non-commercial use; provided that all copyright notices appearing on the originals are duplicated on all copies thereof; and provided further that you do not modify the materials in any way. Without limiting any other right or remedy available to YCS, at law or in equity, the limited permission herein granted will automatically terminate in the event you breach the terms of this paragraph or the general terms or conditions of our product and services. If you breach your agreements, you must destroy immediately all downloaded materials in your possession, custody or control.
EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY THE PRECEDING PARAGRAPH, YOU AGREE NOT TO REPRODUCE, RETRANSMIT, DISSEMINATE, SELL, DISTRIBUTE, PUBLISH, BROADCAST OR CIRCULATE ANY OF THE SERVICES, FUNDRAISING CARDS OR MATERIALS IN ANY MANNER OR FOR ANY PURPOSES (WHETHER PERSONAL OR BUSINESS) WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF RAYNECORP, LLC OR ITS PARTICIPATING MERCHANTS. IN ADDITION, YOU SHALL NOT, WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF RAYNECORP, LLC AND THE RELEVANT DATA MERCHANT PARTICIPANTS, MAKE COPIES OF ANY OF THE FUNDRAISING CARDS, PROMOTIONAL MATERIAL, SOFTWARE OR DOCUMENTATION THAT MAY BE PROVIDED ELECTRONICALLY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, TRANSLATING, DISASSEMBLING OR CREATING DERIVATIVE WORKS.
YOU FURTHER AGREE NOT TO USE THE SERVICES OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES FOR ANY UNLAWFUL PURPOSE AND AGREE TO COMPLY WITH REASONABLE REQUESTS BY INTERACTIVE DATA TO PROTECT THE RESPECTIVE RIGHTS OF RAYNECORP, LLC, ITS AFFILIATES, LICENSORS AND THE DATA PROVIDERS IN THE SERVICES AND IN THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES.
Our Data Providers’ and/or Merchants’ Requirements
These Website Terms and Conditions are subject to any requirements of YCS’s data providers or participating merchants under their distinct agreements with YCS, including such additional financial and contractual requirements as may be imposed by such data providers or merchants from time to time.
Privacy
YCS will not release personal information to any outside groups and does not collect the names and information of minors within the fundraising organizations we serve.
YCS will at its discretion maintain information about your group, fundraising results and other data related to the fundraising activities arising from your agreement for use in further promotions, analysis and sales of YCS services to other fundraising groups or organizations.
What We Do With Information We Collect And Use
In general we use the information we collect from and about you to provide information and perform Services that you request, to improve our Website and Services to our customers generally. We also use this information for our administrative and marketing purposes, and as otherwise described in this Privacy Policy, to wit:
a)Third Party Service Providers, Vendors and Merchants. We share your information with third parties with whom we contract to: (i) distribute information relating to our card production, website or services; (ii) maintain email alerts list and fulfill requests submitted via our sales persons or website; (iii) host certain portions or functions of our website and fundraising card production; and/or (iv) provide technical or professional services to us.
b)Legal Compliance and Protection of Rights. We may share your identifiable information with third parties, including law enforcement agencies or others to the extent appropriate to comply with legal requirements; to cooperate in a judicial or other legal proceeding; if we believe that you have harmed or interfered with (or will imminently harm or interfere with) other YCS customers, users or anyone else; to enforce or apply our Group Fundraising Agreements and/or our website Policies, Terms and Conditions or other contractual commitments; or to assert, defend, or protect our rights or property or the rights, property, health or safety of our customers, vendors, merchants, users or other persons. If we receive legal process calling for the disclosure of any of your personally identifiable information we will attempt to notify you via the email address you supplied during the registration within reasonable amount of time before we respond to the request, unless such notification in not permitted.
c) Business Transactions. We may disclose your information to third parties in connection with a potential or actual transaction or proceeding involving a transfer of some or all of the businesses or assets to which the information pertains. We may also disclose your information to third parties in connection with our performances of any services we are required to perform in our agreements with you.
Complaints over Perceived Copyright Infringement
YCS respects intellectual property rights and expects its customers to do the same. YCS may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of a customer, merchant, group or vendor who infringes or who repeatedly infringes upon Raynecorp, LLC’s rights or obligations.
Disclaimer Regarding Fundraising Decisions and Merchant Selection
All fundraising activities involving the sale or distribution of fundraising cards by your organization involve risk and you may or may not reach your fundraising goals. We make reasonable efforts to select quality merchants to participate in our fundraising card promotions, however, we cannot guarantee the quality of the food, products or services supplied by the Merchants to the person who purchases or redeems the fundraising card. Please consider carefully whether you or your organization deems the risks involved in this type of fundraising activity to be suitable for your organization. Under no circumstances shall we be liable for any loss or damage you or anyone else incurs as a result of any action of any Merchant or Vendor participating on our fundraising card promotions.
Disclaimer of Warranties and Limitation of Liability
Waiver of Jury Trial: Any and all disputes between the parties arising out of this agreement, or your signed Contract, or the promises or performances related thereto, that rise to the level of a lawsuit shall solely be resolved by a court- or judge-tried trial. THE PARTIES HEREBY WAIVE AND RELEASE ANY AND ALL RIGHTS TO TRIAL BY JURY WITH REGARD TO ANY AND ALL DISPUTES OR DISAGREEMENTS OR CAUSES OF ACTION ARISING BETWEEN THE PARTIES WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER CLAIM, OR ARISING FROM THE ACTS OR OMISSIONS OF THE PARTIES IN THE COURSE OF THE PERFORMANCE OF THIS AGREEMENT.
Limitations on Liability: YCS shall not be liable for any act or omission of any member, volunteer, agent, servant, employee or representative of you or your organization. If you or your organization asserts a claim against Raynecorp, LLC for any reason, Raynecorp, LLC ’s liability shall be limited to the actual amount of fees or compensation you paid to Raynecorp, LLC under this Contract. Group waives, releases and relinquishes any claims or causes of action for all other damages, including lost profits or revenues, consequential damages, emotional and non-economic damages.
Modification and Termination of Websites; Modification of Website Terms of Conditions
Notwithstanding any provision in these Website Policies, Terms and Conditions, YCS reserves the right, in its sole discretion, at any time, to change or modify from time to time and/or terminate (i) its Website; (ii) any particular Services made available via its Website; or (iii) these Website Policies, Terms and Conditions. Your use of our Website following any such change constitutes your agreement to follow and be bound by the Website Policies, Terms and Conditions, as changed. Changes or modifications to any written Group Fundraising Agreement that you have physically signed or entered into with YCS are not valid unless the same is down in a writing signed by you and an authorized YCS representative.
