Terms of Service: Last Modified September 17, 2018
Terms & Conditions of Use
Raffle River is a wholly owned business unit of Elk River Systems, Inc. Raffle
River is incorporated in the United States and is a business unit of Elk River
Systems, Inc., a US-based Company. We are located at the following address:
Elk River Systems
22 South Central Ave
Harlowton, MT 59036
By using this website, you accept the following Terms of Service.
PLEASE READ THESE TERMS OF
SERVICE CAREFULLY. THIS AGREEMENT IS MADE BY AND BETWEEN YOU (OR, IF YOU ARE
PARTICIPATING ON BEHALF OF YOUR ORGANIZATION, YOUR ORGANIZATION)
("YOU") AND RAFFLE RIVER. BY CLICKING "I ACCEPT" OR
ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF
SERVICE. IF YOU ARE PARTICIPATING ON BEHALF OF YOUR ORGANIZATION, YOU REPRESENT
AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND YOUR ORGANIZATION TO THESE
TERMS OF SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE,
YOU MAY NOT ACCESS OR USE THE WEBSITE.
RAFFLE RIVER MAY UPDATE
THESE TERMS OF SERVICE FROM TIME TO TIME. BY ACCESSING OR USING THIS WEBSITE
AFTER THESE TERMS OF SERVICE HAVE BEEN UPDATED AND POSTED, YOU AGREE TO BE
BOUND BY THE UPDATED TERMS OF SERVICE.
These Terms of Service
include a disclaimer of warranties, exclusive remedies and a disclaimer of
liability, as well as indemnification by you. Please review those sections (and
all other terms) carefully.
Please also review our
use, disclosure and protection of your information. Your agreement to these
Terms of Service includes your agreement to our
Policy shall have precedence with respect to the subject matter covered by it,
and otherwise these Terms of Service shall have precedence.
Raffle River will not be
held responsible for the content added, nor actions of, Raffle Managers, Ticket
Sellers, Ticket Buyers, Organizations (each as defined below), or other users
of its service. You understand that all raffle postings are the sole
responsibility of the Raffle Manager. We do not and cannot assure the accuracy,
truth, or quality of the listings on Raffle River.
"Organization" means the school, team, association, group or other
organization for which a raffle on the website is organized.
"Raffle Manager" means the person organizing a raffle on the website
on behalf and with consent of an Organization.
"Ticket Buyer" means any person who buys a raffle ticket through the
"Ticket Seller" means any person who sells a raffle ticket through
Other Governing Documents
Use of this website is further subject to the Raffle River
and other rules and guidelines posted by Raffle River. In the event of any
conflict between or among these documents, these Terms of Service shall take
License for Access and Use of Website
Raffle River grants you a limited, non-exclusive, non-transferable,
non-sublicensable, revocable license to access and make personal use of this
website, but not to download (other than where explicitly allowed) or modify
it, or any portion of it, including images, text, or other elements, except
with express written consent of Raffle River. This license does not include any
resale or commercial use of this website or its contents; any collection and
use of any product listings, descriptions, or prices; any derivative use of
this website or its contents; any downloading or copying of account
information; or any use of data mining, robots, screen-scraping, or similar
data gathering and extraction tools.
This website or any
portion of this website may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose without our
express written consent.
You may not frame or use
framing techniques to enclose any template, trademark, logo, or other
proprietary information (including text, page layout, images, or form) of
Raffle River without the express written consent of Raffle River. You may not
use any meta tags nor any other "hidden text" utilizing Raffle River
or its affiliates' names or trademarks without the express written consent of
Raffle River. In the event that you violate these Terms of Service, all rights
granted to you under these Terms of Service shall be terminated immediately,
with or without notice, and Raffle River, in its sole discretion, may remove
and discard Your Content (as defined below).
Organizing and Participating in Raffles
RAFFLE RIVER DOES NOT SERVE AS THE ORGANIZER, SPONSOR, ENDORSER, PROMOTER,
OPERATOR, ADMINISTRATOR, CONTROLLER OR MANAGER OF ANY RAFFLE ON THE WEBSITE.
Raffles on the website are organized, sponsored, endorsed, promoted, operated,
administered, controlled and managed by Raffle Managers and/or Organizations.
By organizing a raffle on the website, each Raffle Manager represents and
warrants that he or she has obtained all necessary rights and permissions from
the relevant Organization for Raffle Manager to organize the raffle for that
IT IS YOUR RESPONSIBILITY
TO ENSURE THAT YOUR ACTIVITIES ON THE WEBSITE COMPLY WITH ALL APPLICABLE LAWS
RELATING TO RAFFLES, INCLUDING, BUT NOT LIMITED TO, ANY LAWS RELATING TO THE
SALE, PURCHASE OR PROMOTION OF RAFFLE TICKETS ON THE INTERNET.
raffles listed on this website must be operated on a no-purchase-necessary
basis. We require all Raffle Managers to provide a mailing address through
which raffle entries may be obtained without any payment or donation to allow
non-paying entrants an equal chance of winning any raffle.
FOR USERS AND ORGANIZATIONS IN MONTANA:
Montana law prohibits the sale of raffle tickets over
the internet by for-profit entities, individuals, colleges, universities,
public school districts and others who are not registered with the state to conduct
online raffles. Nonprofit entities registered with the Montana Department of
Justice, Gambling Control Division may sell raffle tickets online (credit cards
are prohibited). All such raffles must be identified as charitable raffles and
include raffles terms identifying the date of the drawing prior to the sale of
any tickets. Please consult with an attorney and/or the Montana Department of
Justice, Gambling Control Division before listing a raffle on the website. If
you do not qualify to sell raffle tickets online and choose to list a raffle on
the website for offline sale of raffle tickets, your raffle listing must: (a)
advise that Montana law prohibits the sale of raffle tickets over the internet
for your raffle; (b) specify the name of the Organization offering the raffle;
and (c) include all raffle terms. The total value of prizes awarded in any such
raffles may not exceed $5000. Please note that Montana residents may not use
the website to purchase raffle tickets from anyone other than nonprofit
entities registered with the Montana Department of Justice, Gambling Control
Ownership of Intellectual Property
As between you and Raffled River, Raffle River and its licensors own the
copyright and all other rights to all content and materials on this website,
except with respect to Your Content. We also do not permit copying or
distributing material on this website for any commercial or business use. No
photography, filming, broadcast, alteration or modification of the pages or
elements within the pages of this website is permitted. Except for the express
licenses granted in these Terms of Service and subject to the first sentence of
this paragraph, all rights in material on this website are reserved to Raffle
Procedure for Making Claims of Copyright Infringement
If you believe that your work has been made available through this website in a
way that constitutes copyright infringement, please provide Raffle River's
Agent for Notice of Copyright Claims the following information: (a) a physical
or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed; (b) a description of the
copyrighted work claimed to have been infringed, or, if multiple copyrighted
works are covered by a single notification, a representative list of such
works; (c) a description of the material that you claim is infringing and where
that material may be accessed within this website; (d) your address, telephone
number and email address; (e) a statement by you that you have a good-faith
belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent or the law; and (f) a statement from you that
the information in the notification is accurate and, under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed. Raffle River's Agent for Notice of Copyright
Claims can be reached as follows:
It is Raffle River's
policy, in appropriate circumstances, to terminate the accounts of users who
are repeat infringers or are repeatedly charged with infringement.
Linking to Our Website
We welcome 'hot links' and deep-links to our website, by which we mean that you
may include a link to any page of our website. You may not display the contents
of our website (or any page from it) or allow it to be displayed, surrounded,
or framed or otherwise surrounded by material not originating from us without
our express written consent. If you would like to license our material, please
email us at:
Links to Other Websites
On this website, you may be offered automatic links to other websites. While we
hope you will be interested in those websites, you acknowledge that the content
on those pages is not subject to our control, their owners may be independent
from us, and we do not endorse or accept any responsibility for their content
We will use reasonable efforts to ensure that the website does not contain or
promulgate any viruses or other malicious code. However, we cannot guarantee
that the website will be free of all viruses and other malicious code. Raffle
River recommends that you should virus check all materials downloaded from the
website and regularly check for the presence of viruses and other malicious
The following are trademarks or tradenames and the trade dress of Raffle River
or its parent or sister companies and which may be registered in certain
You may not use this
trademark or tradename or trade dress unless explicitly permitted by Raffle
Before purchasing tickets to a raffle, it is your responsibility to carefully
review all aspects of the raffle (dates, pricing, charges, etc.). We will not
issue any refunds or exchanges because you failed to review this information
and will not issue any refunds for any lost, stolen, destroyed, or damaged
tickets. It is the sole responsibility of the Raffle Manager to issue all
refunds and Ticket Buyers must request refunds from the Raffle Manager. All
disputes regarding refunds and other issues relating to raffle sales are
between the Raffle Manager and Ticket Buyer, and Raffle River will not be
responsible or liable.
All disputes regarding
chargebacks and refunds are solely between the Raffle Manager and the Ticket
Buyer. Raffle River will not be responsible or liable in any way for chargeback
disputes or refunds in connection with the Ticket Buyer's use of the services.
Payment Processing Information
Raffle River utilizes one
or more third-party payment processors (including Stripe) to complete transactions
relating to the sale and purchase of raffle tickets. Such third-party payment
processors are independent of Raffle River, and Raffle River makes no guarantee
or warranty regarding their services. Any dispute relating to payment
processing is solely between you and the third-party payment processor. Raffle
River does not collect or hold funds paid by Ticket Buyers.
Compliance with Laws
Certain federal, state, county, and municipal (city) laws may regulate the sale
or purchase of tickets to raffles. It is your responsibility as a Raffle
Manager and/or Ticket Buyer, and/or, in general as user of the Raffle River
site to comply with all applicable laws and regulations. Raffle River will NOT
be responsible for any user's failure to comply with applicable law.
Succinctly: void where prohibited by law.
On certain parts of this website, we ask you to register and provide certain
information about yourself. By providing this data you agree to: (a) provide
true, accurate, current and complete information about yourself as prompted by
the relevant registration form (such information being the "Account
Data") and (b) maintain and promptly update the Account Data to keep it
true, accurate, current and complete.
Your Username and Password
The registration processes on this website will involve you being allocated
with a unique username and/or password that gives you access to your account.
You are responsible for maintaining the confidentiality of your username and
password, and are fully responsible for all activities that occur through your
account. You agree to (a) immediately notify us if you become aware of any
unauthorized use of your password or website account or any other breach of
security by sending an appropriately worded email to email@example.com
and (b) ensure that you exit from your website account at the end of each
session. We cannot and will not be liable for any loss or damage arising from
your failure to comply with these requirements.
User Submitted Content
If you send any text, images, documents, audio, video or other content to this
website ("Your Content"), you represent and warrant that the content
sent, and all rights therein, do not infringe on any intellectual property or
other rights of any other party, and that you have all right and permissions
necessary to submit such content. If requested, you will make available proof
of such rights and permissions.
Before posting any content
or organizing any raffle on behalf of an Organization, you represent and warrant
that you have all necessary permissions from that Organization to post the
content and/or organize the raffle.
Raffle River does not
claim ownership of Your Content. However, you grant Raffle River and its
service providers a worldwide, non-exclusive, royalty-free, fully-paid-up
license to use, display, distribute, transmit, reproduce, modify, adapt, create
derivative works from, publicly perform and publicly display Your Content in
connection with the website.
Rules of Acceptable Use
All content is the sole responsibility of the person from whom such content
originated. Content must be for the exchange of lawful, relevant, fair and
appropriate information, opinions and comment. You may be exposed to content
that is offensive, indecent, inaccurate, misleading, or otherwise
objectionable. We make no representation or warranty as to the accuracy or
completeness of content. Use of the website that is inconsistent with stated
purposes is strictly prohibited.
While we do not pre-screen
submissions placed on an organization's public page, we do have the right (but
not the obligation) at our sole discretion to review, edit, move or delete any
material submitted. Raffle River accepts no responsibility for any statements,
material, or other submissions placed on our site by you or any third party, or
for any loss or damage resulting from your breach of these Terms of Service.
In using the website, you shall not:
Post any material (including
contact details, last names, telephone numbers, street addresses or other
identifying information of private individuals or public figures) which
compromises the privacy or security of anyone.
Post any material that may
encourage criminal conduct or which may give rise to criminal or civil
liability, or which is otherwise unlawful.
Post any material belonging to any
person (or any material where the rights belong to any person) other than
yourself without the prior written consent of the owner of it.
Post any material where the use of
such materials as contemplated by these Terms of Service by Raffle River,
or any third party licensed or permitted by Raffle River, will give rise
to any third party claims.
Post any links where those links
take users to an unlawful site.
Upload, post, email, transmit or
otherwise make available any content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable.
Harm minors in any way.
Facilitate gambling, gaming,
lotteries, contests, sweepstakes and/or any other activity featuring the
award of a prize other than raffles for the purpose of fundraising
activities for nonprofits, clubs, schools, associations, etc. conducted in
a manner that complies in all respects with our Raffle Guidelines detailed
Impersonate any person or entity,
including, but not limited to, a Raffle River representative or forum
leader, or falsely state or otherwise misrepresent your affiliation with a
person or entity.
Forge headers or otherwise
manipulate identifiers in order to disguise the origin of any content
transmitted through the website.
Upload, post, email, transmit or
otherwise make available any content that you do not have a right to make
available under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under
Upload, post, email, transmit or
otherwise make available any content that infringes any patent, trademark,
trade secret, copyright or other intellectual property or proprietary
rights of any person or entity.
Upload, post, email, transmit or
otherwise make available any content related to the sale or provision of
goods and services other than the sale or provision of tickets and
registrations to events listed on the website and other goods and services
being sold or provided in conjunction with such events.
Host a raffle where one or more of
the raffle prizes include explosives, knives, firearms, or other weaponry.
Upload, post, email, transmit or
otherwise make available any content that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment or to otherwise interact with the website in
a manner not permitted by these Terms of Service or expressly authorized
in writing by Raffle River.
Interfere with or disrupt the
website or servers or networks connected to the website, or disobey any
requirements, procedures, policies or regulations of networks connected to
Intentionally or unintentionally
violate any applicable law or regulation (foreign or domestic), including
without limitation (i) regulations promulgated by the U.S. Securities and
Exchange Commission or any rules of any national or other securities
exchange (e.g., the New York Stock Exchange, the American Stock Exchange
or the NASDAQ) and (ii) laws and regulations (foreign or domestic)
regarding the sale or resale of tickets (including without limitation with
respect to licensure requirements, maximums or limits on ticket prices,
Create a database (electronic or
otherwise) that includes material downloaded or otherwise obtained from
this website except where expressly permitted on the website.
Transmit or re-circulate any
material obtained from this website to any third party except in the case
of raffles you are hosting.
Remove the copyright, trademark or
other proprietary notice(s) from any copies of any material made in
accordance with these terms.
Disseminate electronic templates or
products, except as explicitly permitted.
Disseminate or encourage the
dissemination of any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of
solicitation using any means.
You agree not to use the
website where prohibited by law.
Due to state laws and regulations, Arizona (AZ) and California (CA) residents are prohibited from using the website.
All raffles must be
organized, created, managed, sponsored, and promoted in all respects in strict
compliance with all federal, state, local and foreign laws. Compliance with
such laws and regulations, including, but not limited to, establishing official
rules, registering with governmental authorities, if necessary, and refraining
from selling raffle tickets over the Internet where prohibited is the sole
responsibility of the Raffle Manager. Please consult with an attorney if you
have questions about legal compliance.
All raffles listed on this
website must be operated on a no-purchase-necessary basis. As a result, we
require all Raffle Managers to provide a mailing address through which raffle
entries may be obtained without any payment or donation to allow non-paying
entrants an equal chance of winning any raffle.
Raffle River does not
permit Organizations, Raffle Managers or Ticket Sellers to direct raffles to
children under the age of 13, nor does Raffle River permit children under the
age of 13 to purchase raffle tickets. Raffle Managers are responsible for
obtaining parental consent for all ticket buyers under the age of majority in
You agree not to use
Services other than for raffles for the purpose of fundraising activities for
nonprofits, clubs, schools, or associations. In certain circumstances, we will
require Raffle Managers to confirm that their Organization is a registered
charitable organization by submitting proof of such status. In the event the
Raffle Manager is not able to furnish such proof, Raffle River reserves the
right, in its sole discretion, to prohibit the listing of raffles for that
You agree not to award a
prize of tobacco, alcohol, gasoline, dairy, prescription drugs, pornography,
real estate or any interest therein, bonds, shares of stock, securities or
evidences of indebtedness, live animals (except a gift certificate redeemable
for live, edible seafood), foreign or domestic coins (except collector pieces
or sets that are marketed as such and are clearly not intended for use as legal
tender), motor vehicle leases, any illegal substances or products, or any
merchandise refundable in any of the foregoing. Raffle River reserves the
right to prohibit the listing of raffles and/or terminate its Services with
respect to any raffle if it determines that the prize is inappropriate for any
reason, in Raffle River’s sole discretion.
Raffle River is not a
sponsor, manager, administrator or operator of any raffle nor is Raffle River
affiliated with any raffle, event or activity associated with any raffle.
The official rules for
every raffle must contain a statement that: (a) the raffle is in no way
sponsored, endorsed, conducted, setup, controlled by or administered by, or
associated with, Raffle River and (b) participantsvoluntarily release,
waive, discharge and hold harmless Raffle River from any and all claims,
demands or causes of action for property damage, bodily injury, wrongful death,
loss of services or other claims arising from or relating to participation in
the raffle and/or acceptance, possession and use of any prize.
Any taxes that may be owed
in connection with raffles are the responsibility of any prize winners, and
Raffle River is not responsible for any tax reporting obligations that may be
imposed on any Raffle Managers or Organizations.
By using Raffle River you
acknowledge your indemnification obligations pursuant to the Raffle River Terms
of Service, which include full indemnification of Raffle River with respect to
any claim, loss or damage arising in connection with the operation or promotion
of any raffle in connection with the Services.
Raffle River Service is void
where prohibited by law.
If Raffle River determines
(in its sole discretion) at any time that a raffle does not comply with any
portion of the Raffle River Terms of Service, then Raffle River shall have the
right to alter, edit or remove such raffle or any part thereof, as well as the
right to suspend or terminate the account holder.
Removal of Content
We make no assurances that we will actively view, edit or pre-screen any user
content added and therefore you cannot assume that we are responsible for having
made it available on the website. We, and others that we designate, shall have
the right (but not the obligation) at our sole discretion to refuse or remove
any content that is posted to, or available on, the website generally without
the need to give any reasons for doing so.
No Resale of Service
You agree not to reproduce, copy, or resell any portion of the service for any
commercial purposes. You agree that you are authorized only to view the site
for your own personal use.
No Use by Minors
This website is not directed to children under the age of 13 and we do NOT
knowingly collect personally identifiable information from children under the
age of 13 as part of the website, nor do we knowingly distribute such
information to third parties.
We make reasonable efforts
to screen users who wish to provide personally identifiable information in
order to prevent users under the age of 13 from providing such information. If
we become aware that we have inadvertently received personally identifiable
information from a user under the age of 13, we will take the appropriate steps
to delete such information from our records.
In addition, you may only
be a Raffle Manager if you are 18 years or older. We accept no liability if you
misrepresent your age in order to access this website
You agree to indemnify Raffle River, its associated company, Elk River System,
Inc., and its representatives and employees from any and all claims and
liabilities (including legal fees) which arise from content, including events,
you add to the website or otherwise from your breach of our Rules of Acceptable
You agree to indemnify and
hold Raffle River and its parents, subsidiaries, affiliates, officers,
directors, employees, agents, partners and licensors (collectively,
"Raffle River Parties") harmless from and against any claim, demand,
loss, damage, cost, liability and expense, including reasonable attorneys'
fees, resulting from or arising out of your: (a) access to or use of the
website; (b) violation of these Terms of Service or any law, rule or
regulation; or (c) violation of any rights of another party.
DISCLAIMER OF WARRANTIES
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL
FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RAFFLE RIVER
PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE
OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE RAFFLE RIVER PARTIES MAKE NO WARRANTY THAT:
(a) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (b) ACCESS TO THE WEBSITE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (c) THE RESULTS THAT MAY BE
OBTAINED FROM USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE RAFFLE RIVER PARTIES SHALL NOT BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER
OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS OR FROM ANY LOSS OF USE OR LOSS OF
DATA, EVEN IF THE RAFFLE RIVER PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF
THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE
FORESEEABLE. IN NO EVENT SHALL RAFFLE RIVER'S TOTAL LIABILITY TO YOU FOR ALL
CLAIMS ARISING FROM OR RELATING TO THESE TERMS OF SERVICE OR YOUR ACCESS TO OR
USE OF THE WEBSITE EXCEED THE AMOUNT PAID BY YOU TO RAFFLE RIVER FOR ACCESS TO
OR USE OF THE WEBSITE. CERTAIN STATE AND PROVINCIAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
Modifications to Website
Raffle River reserves the right at any time to modify, suspend or discontinue,
temporarily or permanently, this website (or any portion thereof) with or
without notice. You agree that Raffle River shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
website (or any portion thereof).
Governing Law and Jurisdiction
These Terms of Service and your access to and use of the website shall be
governed by and construed and enforced in accordance with the laws of the
United States of America and the State of Montana, without regard to conflict
of laws principles. The United Nations Convention on Contracts for the
International Sale of Goods is specifically excluded from application to these
Terms of Service. The parties agree that any action, proceeding, controversy or
claim between them arising out of or relating to these Terms of Service or your
access to or use of the website (collectively, an "Action") shall be
brought only in the United States District Court for the District of Montana in
Billings, or if federal jurisdiction is not available, in a court of competent
jurisdiction in Gallatin County, Montana. Each party hereby irrevocably submits
to the personal jurisdiction and venue of such courts and waives any objection
on the grounds of venue, forum non-conveniens or any similar grounds with
respect to any Action.
These Terms of Service constitute the entire agreement between you and Raffle
River concerning your access to and use of the Program. They supersede any
prior or contemporaneous agreements between you and Raffle River with respect
to such subject matter. The failure of Raffle River to exercise or enforce any
right or provision of these Terms of Service shall not constitute a waiver of
such right or provision. If any provision of these Terms of Service shall be
held to be invalid or unenforceable under applicable law, then such provision
shall be construed, limited, modified or, if necessary, severed to the extent
necessary to eliminate its invalidity or unenforceability, without in any way
affecting the remaining parts of these Terms of Service.