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Raken

Website Terms of Use

These Website Terms of Use (these “Terms”) are a legal contract between Raken, Inc. (“Raken,” “we,” “us,” or “our”) and you (“you” or “your”) and govern your access to and use of https://www.rakenapp.com/, including without limitation all the text, data, information, software, graphics, photographs, content, functionality, and services offered on or through this website (all of the foregoing are referred to in these Terms as the “Website”).

PLEASE READ THESE TERMS CAREFULLY BEFORE BROWSING OR USING THE WEBSITE. BY USING THE WEBSITE, OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH RAKEN. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

The Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you are at least 18 years old and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

ACCESSING AND USING THE WEBSITE; ACCOUNT SECURITY

We invite you to use the Website for individual, consumer purposes related to the products and services offered on or through the Website. You are responsible for both: (i) obtaining and maintaining your device, software, operating system, carrier and network access necessary to properly access and use the Website; and (ii) ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them. Raken does not guarantee that the Website or any portions thereof will function on or in connection with any particular device, software, operating system, carrier, or network. Raken will have no liability for errors, unreliable operation, or other issues resulting from the use of the Website.
We reserve the right to withdraw or amend the Website, and any services, products, or materials we provide on or through the Website, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Website to users, including customers.

You do not need to register an account with us to simply visit and view the Website. However, in order to access certain password-restricted areas of the Website and to use some of the resources offered on and through the Website, you must successfully register for an account with us. In addition to acceptance and agreement to these Terms, you may be required to provide additional information to Raken and enter into additional agreements with Raken and/or its third-party affiliates to access additional resources.

REGISTERING FOR AN ACCOUNT

In order to register for an account with us, you must submit the following information through the account registration page on the Website:

  • A working email address;
  • First and last name and title within Company;
  • A working phone number;
  • Company name, industry, and size; and
  • Preferred password.

You may also provide additional, optional information and make updates to your information after you complete the initial account registration.

It is a condition of your use of the Website that all the information you submit to create an account is correct, current, and complete, and you must maintain accuracy and completeness of the information associated with your account for as long as you use the account. Once you submit the required account registration information, we will determine and notify you whether or not we have approved your proposed account. If approved, we will send you an e-mail detailing how to complete your account registration. You may register for and maintain a single account. Your account is not transferable. You are responsible for complying with these Terms and our Privacy Policy when accessing and using the Website and your account. You are responsible for maintaining the confidentiality of your password to access your account. You may not allow another individual or third party to access, use, or modify your account. If you believe your password or security for the Website has been breached in any way, you must immediately notify us by e-mailing us at help@rakenapp.com. You are fully and solely responsible for any and all use of the Website using your account.

We reserve the right to revoke or deactivate your account at any time. We reserve the right to take any and all actions, as deemed necessary and reasonable, regarding the security of the Website and your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.

ELECTRONIC COMMUNICATIONS

By using the Website and/or the products and services provided on or through the Website, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website, these Terms, the products and services provided on or through the Website. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

PRIVACY POLICY

Please review our Privacy Policy, which explains how we collect, use, and disclose the information you provide to us. The Privacy Policy is hereby incorporated into these Terms by reference and constitutes a part of these Terms.

CHATBOT TERMS; USER CONTENT

Your use of Raken’s chat areas and customer support services provided through the Website, including without limitation Raken’s artificial intelligence driven customer support chatbot platform that provides responses to your inquiries, through our customer support representatives and in some cases through automated responses, and other chatbot features and tools, (“ChatBot”), and any content, messages, text, photos, videos, and other materials (collectively “User Content”) that you may be able to create, make available, post, upload, store, and share through or in connection with such services, including without limitation ChatBot, will be governed by these Terms.

You acknowledge and agree that communications with ChatBot are not considered legally binding on Raken or our subsidiaries or affiliates. The responses generated by ChatBot are provided solely for convenience and may not accurately reflect the current policy, stance, or determinations of Raken. Interactions with ChatBot should not be relied upon in making decisions regarding legal rights, obligations, or any other actions. While we endeavor to provide accurate, unbiased and helpful information through ChatBot, you are advised that the definitive information pertaining Raken’s products, services, policies, and to your relationship with Raken is contained in these Terms, the official documentation provided or made accessible to you by Raken and through direct communication with Raken’s authorized representatives. By using ChatBot, you expressly agree and understand that Raken is not liable for any inaccuracies or errors provided by ChatBot, nor for any actions taken based on the information provided by ChatBot.

With respect to any User Content that you provide to us through the Website, including without limitation User Content that you provide to ChatBot, you grant to Raken and our affiliates and relevant third-party service providers a perpetual, irrevocable, nonexclusive, transferable, royalty-free, worldwide, fully paid-up, and sublicensable (through multiple tiers) license to:

  • collect, use, store, analyze, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly or otherwise perform and display, and exploit your User Content and any findings from your User Content in all media formats and channels now known or later developed without compensation to you or any third party;
  • use (and permit others to use) your User Content in any manner and for any purpose (including without limitation commercial purposes) that we deem appropriate in our sole discretion (including without limitation to incorporate your User Content or any modification thereto, in whole or in part, into any technology, product, or service, or develop and improve Raken’s products and services, including without limitation as part of the development and training for ChatBot); and
  • display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes.

When you post or otherwise share User Content on or through the Website, including ChatBot, you understand that your User Content and any associated information (such as your username and profile photo) may be visible to others. Additionally, you understand and agree that information you input into ChatBot will be retained by Raken in order to answer questions and inquiries from you as well as other customers. Raken has no control over and is not responsible for any use or misuse (including any distribution) by any third party of User Content. If you choose to make any of your personally identifiable or other information publicly available through the Website, including ChatBot, you do so at your own risk.

You represent and warrant that your User Content, and Raken’s use of User Content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content for which you do not have all rights necessary to grant us the license described above or that:

  • is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
  • would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability, or violate any applicable local, state, national or international law;
  • may infringe any patent, trademark, trade secret, copyright, moral right or other intellectual or proprietary right of any party;
  • contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • impersonates, or misrepresents your affiliation with, any person or entity;
  • contains any unsolicited promotions, political campaigning, advertising or solicitations;
  • contains any private or personal information of a third party without such third party’s consent or contains your private or personal information;
  • contains any malware, viruses, corrupted data or other harmful, disruptive or destructive files or content; or
  • in our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying the Website, or may expose Raken or others to any harm or liability of any type.

Raken does not undertake to review all User Content, and Raken expressly disclaims any duty or obligation to undertake any monitoring or review of any User Content. Although Raken has no obligation to screen, edit or monitor User Content, Raken may:

  • delete or remove User Content or refuse to post any User Content at any time and for any reason with or without notice, including without limitation for any violations of applicable law or these Terms;
  • terminate or suspend your access to all or part of the Website if your User Content violates applicable law or these Terms;
  • take any action with respect to your User Content that is necessary or appropriate, in Raken’s sole discretion, to ensure compliance with applicable law and these Terms or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information regarding you to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests); and
  • cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

LINKS TO THIRD-PARTY SITES

For convenience, we may sometimes provide links on the Website to third-party websites. If you use these links, you will leave the Website. We are not obligated to review any third-party websites that you link to from the Website, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Website, you do so entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites.

UNAUTHORIZED ACTIVITIES

You understand that you may lose your right to use the Website if you do not abide by these Terms. In addition to other prohibitions in these Terms, certain conduct is prohibited on the Website. Unauthorized use of the Website may result in violation of various United States and international laws, including without limitation copyright laws. Unless you have written permission from us stating otherwise, you are not authorized to use the Website, or any data or information you obtain from your use of the Website in any of the following ways (this list is provided by way of example only, and is not a comprehensive list of all unauthorized activities):

  • 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 United States 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 below in these Terms;
  • to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
  • to impersonate or attempt to impersonate Raken, a Raken employee, another user, or any other person or entity (including without limitation by using email addresses associated with any of the foregoing); or to engage in any other conduct that restricts or inhibits any other user’s use or enjoyment of the Website, or which, as determined by us, may harm Raken or users of the Website, or expose us or them to liability.

Additionally, you agree not to:

  • use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other user’s use of the Website, including any other user’s ability to engage in real time activities through the Website;
  • use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • use any manual process to monitor or copy any of the material on the Website, 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 Website;
  • 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 Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
  • attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of the Website.

You understand and agree that your account may be terminated for any of the above infractions or using the Website in a prohibited manner. You agree to defend, indemnify and hold us and our affiliates harmless if you violate these Terms and that violation results in any claim, action, loss, liability, expense, damages and costs, including without limitation attorneys’ fees. You also agree to pay any damages that we may end up having to pay as a result of your violation. You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

PROPRIETARY RIGHTS

“Raken” is a trademark that belongs to us. All other names, logos, product and service names, designs, and slogans on the Website are the property of their respective owners. You are prohibited from using such trademarks, names, logos, product and service names, and designs without the prior written permission of Raken.

Unless otherwise specified in these Terms, all materials, including the arrangement of them on the Website are our sole property, Copyright © 2024. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property rights of others and have a policy of removing User Content that violates intellectual property rights of others, suspending access to the Website (or any portion thereof) to any user who uses the Website in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Website in violation of someone’s intellectual property rights.

Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe in good faith your copyright or other intellectual property right is being infringed by a user of the Website, please provide written notice to our Agent for notice of claims of infringement:

Attn: Raken DMCA Agent

Phone: 1 (866) 438-0646

To be sure the matter is handled immediately, your written notice must:

  • Contain your physical or electronic signature;
  • Identify the copyrighted work or other intellectual property alleged to have been infringed;
  • Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
  • Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
  • Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
  • Contain a statement that the information in the written notice is accurate; and
  • Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

We reserve the right, in our sole discretion, to terminate the account or access of any user of the Website who is the subject of repeated DMCA or other infringement notifications.

DISCLAIMER OF WARRANTIES

THE WEBSITE, INCLUDING CHATBOT, IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE WEBSITE, WHICH INCLUDES WITHOUT LIMITATION ANY AND ALL IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

WE MAKE NO PROMISE THAT THE WEBSITE, INCLUDING CHATBOT, IS FREE OF PROBLEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE WEBSITE, NOR CHATBOT, WILL MEET YOUR REQUIREMENTS OR THAT ANY OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE WEBSITE, INCLUDING CHATBOT, WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, INCLUDING CHATBOT, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE WEBSITE AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES. YOU ACCEPT FULL RESPONSIBILITY FOR ANY AND ALL DECISIONS OR TRANSACTIONS YOU MAKE IN THE COURSE OF USING THE WEBSITE.

LIMITATION OF LIABILITY

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION THAT ARISE OUT OF OR RESULT FROM THE USE OF, THE INABILITY TO USE, OR ERRORS OR OMISSIONS IN THE SERVICES, MATERIALS, CONTENT AND FUNCTIONS OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE OF RAKEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE IS TO STOP USING THE WEBSITE OR THOSE PRODUCTS OR SERVICES. IN NO EVENT SHALL RAKEN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW. IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT RAKEN’S LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.

GEOGRAPHIC RESTRICTIONS; EXPORT CONTROL

We provide the Website for use only by persons located in the United States and Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States and Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.

FEEDBACK

Any submissions by You to us (e.g., comments, questions, suggestions, materials) (collectively, “Feedback”) through any communication whatsoever (e.g., call or email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including without limitation developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. To the extent the foregoing assignment of rights, title and interest in and your Feedback is prohibited by law, you hereby grant to Raken and its affiliates, subsidiaries, and assigns, a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license (including the right to sublicense through multiple tiers) to (i) to fully use, practice and exploit those non-assignable rights, title and interest, including without limitation the right to use, reproduce, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your Feedback, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, for any purpose, including without limitation, any purpose relating to the marketing, advertising and promotion of the Website and any all products and services; and (ii) authorize any such use by others of your Feedback, or any portion thereof, in the same manner in our sole discretion. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER

Please Read This Provision Carefully. It Affects your Legal Rights.

This Dispute Resolution and Arbitration; Class Action Waiver provision, (this “Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us, including without limitation any dispute arising under these Terms; your visit to or use of the Website; or to any purchase, transaction, or other interaction with Raken facilitated through the Website (including without limitation claims relating to the Raken’s advertisements, pricing, and disclosures; email, SMS or other messages sent by Raken; or Raken’s collection, processing or retention of your information). For the avoidance of doubt, “dispute” will be given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

This Provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the dispute which is first done by emailing to us at support@rakenapp.com the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or we may choose to pursue a dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing us at support@rakenapp.com the following information: (1) your name; (2) your address; (3) A clear statement that you do not wish to resolve disputes with Us through arbitration. Either way, we will not take any decision you make personally. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. However, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.

Because the Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – you or we may initiate arbitration in either California or the federal judicial district that includes your billing address.

Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator’s hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and we specifically agree to do so in writing following initiation of the arbitration. **If you choose to pursue your dispute in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to you.** Neither you, nor any other user of the Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

No Judge or Jury in Arbitration

Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms you and we are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Continuation

This Provision shall survive the termination of your account with us or our affiliates and your discontinued use of the Website. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Us to adhere to the present language in this Provision if a dispute between us arises.

LANGUAGE

The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.

GENERAL

Certain violations of these Terms, as determined by us, may require immediate termination of your access to the Website without prior notice to you. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Website will be heard in the courts located in San Diego County, California. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and us, and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Raken about the Website. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

CALIFORNIA CONSUMER NOTICE

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Website is provided by Raken, Inc., 703 Palomar Airport Road, Suite 300, Carlsbad, California 92011. If you have a question or complaint regarding the Website, please contact us by visiting https://help.rakenapp.com/en/, e-mailing us at help@rakenapp.com, or as set forth in the Privacy Policy, as applicable. You may also contact us by writing to Raken, Inc., 703 Palomar Airport Road, Suite 300, Carlsbad, California 92011. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

CHANGES TO THE WEBSITE

We may alter, modify, suspend, or discontinue the Website at any time and without notifying you. We may also change, update, add or remove provisions (collectively, “Modifications”) of these Terms from time to time. We will notify you of any Modifications to these Terms by any reasonable means, including by posting the Modifications on the applicable service (provided that, for material Modifications, we will seek to supplement such notice by email, an in-service pop-up message, or other prominent notice within the service, or other means). If you object to any such Modifications, your sole recourse shall be to cease using the Website. Continued use of the Website following notice of any such modifications indicates you acknowledge and agree to be bound by the Modifications.

CONTACT US

If you have any questions about these Terms or otherwise need to contact us for any reason, you can visit us at https://help.rakenapp.com/en/, e-mail us at help@rakenapp.com, call us at 866-438-0646, or reach us by mail at Raken, Inc.
Attn: Customer Success Department
703 Palomar Airport Road, Suite 300
Carlsbad, CA 92011

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