Welcome to Quiz Fundry. By using this website (the "Site") and services (together with the Site, the "Services") offered by Quiz for Your Cause, LLC. (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, "Quiz for Your Cause, LLC" "Quiz for Your Cause," "we," or "us"), you are agreeing to these legally binding rules (the "Terms").
Quiz for Your Cause, LLC may change these terms from time to time. We will notify account holders via the account you have registered with the Site of the new terms. New versions of the terms will not apply retroactively. Continued use of the Site or our service will indicate your acceptance of the new terms.
Quiz Fundry is for use by your non-profit 501(c)(3). It is not to be used for political fundraising, raising money for a for-profit entity or raising money for personal use.
Funds for non-profits are only possible via advertisements. As such, you agree not to use ad blocking software on the Site.
Some non-profits may not have a direct political agenda, but may have political positions or religious beliefs which you oppose or disagree with. You agree not to directly or indirectly place any pressure on Quiz for Your Cause, LLC via any mechanism with the intent to terminate the accounts of any of these account holders. At Quiz for Your Cause, LLC we believe in free speech. You are free to disagree in any way with the opinions of non-profits provided your goal is in no part to cause harm to Quiz for Your Cause, LLC, be it directly or indirectly.
Quiz for Your Cause, LLC reserves the right to make changes to the Site and Services without notice or liability.
You use our Services solely at your own risk. They are provided to you "as is" and "as available" and without warranty of any kind, express or implied.
QUIZ FOR YOUR CAUSE, LLC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Quiz for Your Cause, LLC SHALL CREATE ANY WARRANTY.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of Quiz Fundry. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
To the fullest extent permitted by law, in no event will Quiz for Your Cause, LLC, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall Quiz for Your Cause, LLC’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
These Terms and the other material referenced in them are the entire agreement between you and Quiz for Your Cause, LLC with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Quiz for Your Cause, LLC with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Quiz for a Cuase to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Quiz for Your Cause, LLC’s prior written consent. Quiz for Your Cause, LLC has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Quiz for Your Cause, LLC will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.
Arbitration Agreement. By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against the Company on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against the Company, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against the Company by someone else.
You and the Company agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and the Company, and not in a court of law
You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and the Company otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and the Company each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of North Carolina and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Unless you and the Company otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000.00, then the arbitration will be conducted solely on the basis of documents you and the Company submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of reasonable attorneys' fees and expenses, to the extent provided under applicable law.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration..
Choice of Law. These Terms are governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to assert claims under the laws of the State of North Carolina, whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in this section of these Terms, are only intended to specify the use of North Carolina law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending North Carolina law to you if you do not otherwise reside in North Carolina. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause or to any arbitrable disputes as defined therein.