Terms of Use

Agreement between user and www.RewiredandReal.com (Rewired and Real, LLC)

Welcome to www.rewiredandreal.com. Rewired and Real provides a fundraising software platform that allows users to effectively manage their fundraiser, collect donations, and process fundraiser sales for their school, team, event, or organization (the “Service”).  The www.RewiredandReal.com website (the “Site”) is comprised of various web pages operated by Rewired & Real.  The existence of the Site or any donation web page created by a school, team, organization or individual member of a school, team or organization does not constitute a solicitation of donations by Rewired & Real; Rewired & Real does not engage in any solicitation activities on behalf of any school, team, event or organization.  www.RewiredandReal.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).  Your use of www.RewiredandReal.com constitutes your agreement to all such Terms.  Please read these terms carefully, and keep a copy of them for your reference.

Privacy

Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Your Account Resource Library

We provide this Service to teams, groups, and organizations conducting fundraisers that have been authorized by Rewired and Real.  Authorized groups and individuals will receive an account code that must be input in order to provide further access.  Any attempt to gain unauthorized access is prohibited.

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  You may not assign or otherwise transfer your account to any other person or entity.  You acknowledge that Rewired & Real is not responsible for third party access to your account that results from theft or misappropriation of your account.  Rewired & Real reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in its sole discretion.  Rewired & Real does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.  If you are under 18, you may use Rewired & Real only with the involvement of a parent or guardian who agrees to be bound by these Terms of Use.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.rewiredandreal.com strictly in accordance with these terms of use.  As a condition of your use of the Site, you warrant to Rewired & Real that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.  You may not use the Site in any manner, which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Copyright

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Rewired & Real or its suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights.  You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.  You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.  Rewired & Real content is not for resale.  Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.  You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Rewired & Real and the copyright owner.  You agree that you do not acquire any ownership rights in any protected content.  We do not grant you any licenses, express or implied, to the intellectual property of Rewired & Real or our licensors except as expressly authorized by these Terms.

Electronic Check Processing

When you donate to the fundraiser by check, you authorize us to electronically process your check using the information on your check.  If we electronically process your check instead of depositing your check, the electronic debit to your checking account may be on the same day we receive the check by transmitting the amount of the check, routing and transit number and check number to your bank.  Electronically processing your check makes us better stewards.  During the duration of the fundraiser, Rewired & Real has the right to deposit checks or electronically process checks that are written to the fundraiser payee name, fundraiser name, team name, school name, or booster club name on behalf of the fundraiser.

Payments/Fees

Rewired & Real allows teams, groups, and organizations to receive and process donations for their fundraiser via our online software platform, campaign fundraiser coach, and Rewired & Real Foundation’s Cornerstone online software.  A service fee will be charged by Rewired & Real in exchange for the Rewired & Real  service.  The service fee includes all labor, programming, marketing material, advertising, corporate sponsorship’s, and telemarketing costs.

Fee Schedule

Service Fee depends on the fundraiser.

Rewired & Real will hold any funds received through online donations and mobile fundraiser sales in a non-operating “TRUST” bank account for the duration of the fundraiser.  Rewired & Real will thereby remit funds to the designated group, team, or organization by check or electronic bank transfer upon the conclusion of the fundraiser campaign, less a percentage service fee of all donations.  Rewired & Real service fee will be contractually agreed upon with organizations prior to the start of the fundraiser.  This service fee will be withheld from all donations by Rewired & Real in exchange for services rendered.  If donors choose to cover the transaction fees, Rewired & Real will keep that portion of the donation to help offset the cost of transaction fees, credit card fees, and charge backs.

By doing a fundraiser on our Rewired & Real Platform, organizations grant us the right to accept online donations, mobile check upload donations, paper check donations, and employer matched donations on behalf of the organization.  This grants us the right to deposit checks written to the organization and process the donation on behalf of that organization.

Refund Policy

If the fundraiser that you have donated to has ended, Rewired & Real will not be able to process a refund.  If the fundraiser you donated to is still active and the donation amount was made in error, then Rewired & Real will be able to process a refund.  Users agree that they will not use an unauthorized credit card in making transactions on the Rewired & Real site.  Transactions are only subject to dispute if unauthorized use of the donor’s payment card is proven.  If you become aware of fraudulent use of your card, please notify your card provider immediately.

Rewired & Real Digital Coupons/Discount Purchase and Subscription

The Rewired & Real Digital Coupons/Discounts are owned by Rewired & Real, LLC.  When purchasing a R&R Digital Coupons/Discounts Digital Discount Card, you are purchasing a subscription.  By purchasing one, you are consenting up to a 12 month subscription that supports the fundraiser specified.  The R&R Digital Coupons/Discounts subscription or membership grants the legal entity that has taken out the subscription (the “Customer”) the right to use R&R Digital Coupons/Discounts system and services (the “Services”).  The subscription may not be used by other people or organizations.  Rewired & Real Digital Coupons/ Discounts App/Site not be responsible for any loss, damage, costs, expenses or other claims of the Customer or any third party resulting from the suspension of the Services.

Electronic Communications

Visiting www.Rewiredandreal.com or sending emails to Rewired and Real constitutes electronic communications.  You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Links to third party sites/Third party services

www.RewiredandReal.com may contain links to other websites (“Linked Sites”).  The Linked Sites are not under the control of Rewired & Real, and Rewired & Real is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  Rewired & Real is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Rewired & Real of the site or any association with its operators.  Certain services made available via www.RewiredandReal.com are delivered by third party sites and organizations.  By using any product, service or functionality originating from the www.RewiredandReal.com domain, you hereby acknowledge and consent that Rewired & Real may share such information and data with any third party with whom Rewired & Real  has a contractual relationship to provide the requested product, service or functionality on behalf of www.Rewired andReal.com users and customers.

User Content

Rewired & Real does not claim ownership of the materials you provide to www.RewiredandReal.com (including feedback and suggestions) or post, upload, input or submit to any Rewired & Real Site or our associated services (collectively “Submissions”).  However, by posting, uploading, inputting, providing or submitting your Submission you are granting Rewired & Real, our affiliated companies and necessary sub-licenses permission to use your Submissions in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions.  Rewired & Real is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Rewired & Real’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.  You represent and warrant that your Submissions do not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary of any third party.

User agrees that the user’s Submissions to Rewired & Real you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; and user further agrees that the user’s Submissions will not include any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.  Rewired & Real does not control or endorse the content, messages or information found in any Communication Service and, therefore, Rewired & Real specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.  Rewired & Real has no obligation to monitor the Communication Services.  However, Rewired & Real reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Rewired & Real reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Accessibility Statement

Rewired & Real is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability.  We aim to comply with all applicable standards, including WCAG 2.0 accessibility standards up to level AA.  If you have questions, email us at customerservicerewiredandreal@gmail.com.  We will work with you to provide the information, item, or transaction you seek through an alternate communication method or one that is accessible for you consistent with applicable law (for example, through telephone support).  

Rewired & Real provides communication for its customers, their users and constituents for their fundraiser.  By creating a login at rewiredandreal.com, and opting-in to the text message notifications, you agree to receive text message updates about your fundraiser.  Also by participating in a fundraiser, you agree to only send text message invites to people that have opted-in and have agreed to receive text messages from you.

When you opt-in to a notification service you will receive a message that is confirming the action. (Message and data rates may apply.)

You may opt-out of all communication at any time by texting ‘STOP‘.  You will receive a final message to confirm you have been unsubscribed.

By opting-in to a campaign, you agree to any charge incurred from your cellphone provider for sending or receiving text messages.  Message frequency varies by customer.  If you have questions about the services provided by our text message services, send an email to customerservicerewiredandreal@gmail.com.

Anti-Scraping Policy

Any form of scraping or data mining, either manual or automated, is prohibited on this site and RewiredandReal.com.

The use of automated systems or software to extract data from this website or www.rewiredandreal.com for any purpose, (‘screen scraping’) is prohibited unless the third party has directly concluded a written license agreement with Rewired & Real..

You may not develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape our fundraiser pages or any other data on our site.

You may not use bots or other automated methods to access the Services and Site, add or download information, send or redirect messages.

You may not copy, use, disclose or distribute any information obtained from the Services and Site, whether directly or through third parties (such as search engines & scraping sites like Scrapinghub.com), without the consent of Rewired & Real.

You may not override any security feature or bypass or circumvent any access controls or use limits of the Service or Site(such as caps on keyword searches or profile views).

You may not deep-link to our Services or Site for any purpose other than to promote your fundraiser or donate, without Rewired & Real’s consent.

You may not access our site via a VPN (Virtual Private Network).

Video Upload and YouTube API

When using our video upload feature and YouTube’s API access, you are agreeing to be bound by the YouTube Terms of Service and the Google Privacy Policy.

https://www.youtube.com/t/terms

http://www.google.com/policies/privacy

In addition to the normal procedure for deleting stored data, users can revoke that access to their data via the Google security settings page at https://security.google.com/settings/security/permissions.

International Users

The Service is controlled, operated and administered by Rewired & Real from our offices within the USA.  If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through www.RewiredandReal.com in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

To the extent allowed by law, you agree to indemnify, defend and hold harmless Rewired & Real, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any Submissions made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  Rewired & Real reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Rewired & Real in asserting any available defenses to the extent allowed by law.

Liability Disclaimer

PRODUCTS, SERVICES AND RELATED GRAPHICS ARE REWIRED & REAL’S AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REWIRED & REAL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REWIRED & REAL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.  REWIRED & REAL MAKES NO REPRESENTATION AS TO WHETHER ALL OR PART OF YOUR ONLINE DONATIONS ARE TAX DEDUCTIBLE.

Termination/access restriction

Rewired & Real reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.  To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wisconsin and you hereby consent to the exclusive jurisdiction and venue of courts in Wisconsin in all disputes arising out of or relating to the use of the Site.  Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Rewired & Real as a result of this agreement or use of the Site.  Rewired & Real’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Rewired & Real’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Rewired & Real with respect to such use.  If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Rewired & Real with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Rewired & Real with respect to the Site.  A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

Rewired & Real reserves the right, in its sole discretion; to change the Terms under which www.RewiredandReal.com is offered.  The most current version of the Term will supersede all previous versions.  Rewired & Real encourages you to periodically review the Terms to stay informed of our updates.

Choice of law - WI law will govern this contract.

Choice of forum provision of WI - Both parties agree that any disputes under this agreement will be brought exclusively in the state courts of WI, Eau Claire County. Both parties consent to the exclusive subject matter and personal jurisdiction of this court.

Contact Us

3401 David Drive Eau Claire, WI 54701

Customerservicerewiredandreal@gmail.com