Terms of Use

All Raftr users are held to the following terms of service

Terms of Use

Last Modified: 7/18/19

Raftr is an open, welcoming community.  It is a place to become freely involved in conversations and communities by creating content, sharing opinions, and reacting to other people’s content.  It is a place for safe and respectful community engagement, not a place for bullying, harassment, shaming or the degradation of others. Let’s raise the bar.

These Terms of Use (the “Terms”) apply to the website (www.Raftr.com) and Raftr mobile application provided by Raftr.com (“Raftr,” “we,” “us,” or “our”). We refer to our website, mobile app, and the services available through them as, collectively, the “Services.” These Terms are a binding contract between you and Raftr. This means that if you use our Services, you acknowledge and agree that you (as well as any of your heirs or persons to whom you have assigned your legal rights) (collectively “you”) are telling us that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations. 

Please note that if you are a United States resident, disputes about these terms and the Raftr Services are subject to binding arbitration and a waiver of class action rights, as detailed in the “Mandatory Arbitration and Class Action Waiver for Residents of the United States” section below. 

We reserve the right to suspend or permanently ban any account that violates these Terms and our Code of Conduct below.  We also reserve the right to remove content that violates our Code of Conduct below.

ELIGIBILITY 

To use the Services, you must be—and you represent and warrant that you are — (i) at least 13 years of age or older and (ii) able to agree to these Terms. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind that organization or entity to these Terms. If this is the case, the references to “you” and “your” in these Terms (except for in this sentence) refer to that organization or entity.

ACCOUNT REGISTRATION AND USE

2.1 Account Registration and Confidentiality. You may be required to create an account to use parts of the Services. If so, during the registration process, you must provide us with your email address and a password (which will serve as your login credentials) and additional information, such as your name and phone number. You understand and agree that it is your responsibility to ensure that your password remains confidential and secure. You also agree to keep all of your information up-to-date, including informing us of any changes to your name, email address, phone number, and mailing address.

2.2 Unauthorized Account Use. You are responsible for notifying us if you become aware of any unauthorized use of or access to your account. To contact us, please email us at the contact information listed below. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. By creating an account with us, you agree that you are fully responsible for all activities that occur under your login credentials and that we may assume that any communications we receive through your account have been made by you. 

CODE OF CONDUCT AND PROHIBITED USES

We reserve the right to alter these rules on an ongoing basis and will keep them updated here.

Users may not use our services to:

  1. Promote hate speech.
  2. Threaten, abuse, bully or harass others or to incite others to do so. This includes targeting people on the basis of political orientation, race, ethnicity, appearance, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, or disease.
  3. Exploit or abuse children.  If you find any such content you should report it to us immediately so that we may report to the National Center for Missing & Exploited Children (NCMEC) and law enforcement.
  4. Distribute explicit sexual or pornographic materials or other obscene content, including via links to such services or by direct upload. 
  5. Promote or engage in illegal activities, including trafficking in illegal substances or terrorism.
  6. Distribute phishing scams, malicious code, malware, viruses or content that negatively impacts or impedes our infrastructure, servers, and networks.
  7. Promote violence.
  8. Access another user’s account without their consent or impersonate others.
  9. Solicit or publish others’ personal and/or confidential information without consent.
  10. Sell or advertise regulated products or services, such as health and medical devices, non-approved supplements, fireworks, drugs and alcohol, weapons, pharmaceuticals, or tobacco.
  11. Gamble.
  12. Engage in mass solicitation or spam campaigns.
  13. Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, “mirror,” duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Services, by any means except as provided for in these Terms or with the prior written consent of Raftr;
  14. Scrape, access, monitor, index, frame, link, or copy any content or information by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly-available portions of the Services through a browser or accessing the Services through any API provided or approved by Raftr;
  15. Breach the restrictions in any robot exclusion headers of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;
  16. Impede or otherwise prohibit communication or disrupt user discussion;
  17. Post, utilize, or otherwise make available any other party’s intellectual property, unless you have the right to do so, or remove or alter any copyright, trademark, or other proprietary notice contained on the Services;
  18. Post any trade secrets or other confidential information, or any material that you do not have a right to make available under any law or contractual relationships; and/or
  19. Violate, or facilitate violations of, these Terms, Raftr Privacy Policy, or any guidelines or policies posted by Raftr.

Also note that there are some legitimate uses of the platform that nonetheless test the boundary of our Code of Conduct.  Here are a few examples of content that may be removed if it’s not presented properly.

  1. Explicit content posted with an educational, documentary, news, artistic or scientific purpose.  Users posting such content are strongly encouraged to include as much informative content and context as possible so other users can clearly determine the purpose of the post. Example: A photo of a woman breastfeeding an infant, with text talking about the benefits of breastfeeding over bottle feeding. 
  2. Users offering goods or services for sale, including direct or “multi-level marketing” organizations.  Such content is not permitted on general feeds, and is instead restricted to rafts dedicated to such content. Example: Advertising your services as an IT technician would not be allowed on a general raft, but would be allowed on a dedicated “Marketplace” raft.

You may report content or users that potentially violate our policies using the contact information below.  We will review these reports and may take action as we deem appropriate, including: removing the content; restricting access to the content or putting up a warning; terminating or limiting a user’s access to our products.

Additionally, we may conduct an inquiry for other reasons not listed here, especially if there is a potential threat to the safety of anyone on the platform.  If we feel that there is an emergency situation developing, we may also share user information with the university and/or emergency personnel at our discretion.  Examples include discussing self harm, plans to harm others, or documenting unsafe conditions.

If raft administrators are using their privileges erratically or spitefully, we may also make the decision to remove them from a leadership position on the raft.

OUR PROPRIETARY RIGHTS

The Services are owned and operated by Raftr and contain materials (including all software, design, text, editorial materials, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, as well as names, logos, trademarks, and services marks) that are derived from materials supplied by Raftr, its caterers, and other third parties. You acknowledge and agree that all such materials are protected by copyrights, international treaties, trademarks, service marks, and other intellectual property laws.

You agree to protect the proprietary rights of Raftr and all others having rights in the Services during and after the term of these Terms and to comply with all reasonable written requests made by Raftr or such others or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You agree to notify Raftr immediately upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights.

All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Services shall, as between you and Raftr, at all times be and remain the sole and exclusive property of Raftr.

LICENSE 

As long as you comply with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Services only for your own internal, personal use, and only in a manner that complies with all legal requirements that apply to you or your use of the Services, including our Privacy Policy and these Terms. Raftr may revoke this license at any time, in its sole discretion. Upon any such revocation, you must promptly destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made in accordance with these Terms or otherwise.

USER CONTENT AND SUBMISSIONS

6.1 User Content and Posts. The Services may enable you to submit, post, upload, or otherwise make available (collectively, “Post”) content, such as reviews, ratings, pictures, menu descriptions, and other content like videos, questions, comments, ideas, designs, features, plans, and other feedback (collectively, “User Content”). Such User Content may be viewable by other users and may include other information about you.

6.2 Our License to User Content. When you Post User Content on or through the Services, you grant Raftr a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform or display, create derivative works from, sell, lease, and transmit such User Content, in whole or in part, in any format or medium, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. Notwithstanding the foregoing, our use of your information shall be governed by the Raftr Privacy Policy.

6.3 User Content Representations. You acknowledge and agree that all User Content that you Post is your responsibility. You represent that you have all required rights to Post or transmit such User Content without violation of any third-party rights. You understand that Raftr does not control, and is not responsible for, User Content, and that by using the Services, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors, or inaccuracies. You agree that you will indemnify, defend, and hold harmless Raftr for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.  You agree to comply with the Code of Conduct in Section 3 above with respect to User Content.

6.4 User Content Review. You acknowledge and agree that Raftr may, in its discretion, pre-screen User Content before it is posted on the Services. However, Raftr does not assume any obligation to pre-screen User Content. Raftr also reserves the right (but is not required) to reject, move, edit or remove any User Content that is contributed to the Services. Additionally, Raftr has the right to remove any User Content that violates these Terms or is otherwise objectionable in Raftr’s discretion. You acknowledge and agree that Raftr does not verify or sanction User Content, and you agree to evaluate and bear all risks associated with your use of and reliance on User Content.

NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property of others and require you to do the same. For this reason, it is our policy to terminate the registration account of a user who is deemed to infringe third-party intellectual property rights and/or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Services, please send a written notice to our Copyright Agent that includes all of the following information. 

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interests. For example, if you are the owner of a copyright, your notice to us must include your signature.
  2. A description of your copyrighted work or other intellectual property that you claim has been infringed. For example, this means that you could include a written description of the work you believe to be infringed or, for images, you could also copy-paste the image of the work you believe to be infringed into your notice to us.
  3. A description of where the material you claim is infringing is located on the Services. For example, providing us with a website URL or screenshot of the relevant page of our mobile app is the quickest way to help us locate content quickly.
  4. Your address, telephone number, and email address.
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  6. A statement by you made under penalty of perjury that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

We include the information in this section solely to comply with our rights and obligations under the Digital Millennium Copyright Act (“DMCA”) and other applicable law. However, you should not construe this section as legal advice to you. You should only send your notice to us after consulting with your legal counsel. Please also note that, pursuant to 17 U.S.C. § 512(c), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Raftr’s copyright agent can be reached as follows:

Raftr
Jill Galiotto
Raftr, Inc.
3020 Issaquah-Pine Lake Road SE #251
Sammamish, WA 98075
Phone: 650-797-2387
Email: notices@raftr.com

The above contact information is for intellectual property infringement notices only. DO NOT CONTACT OUR COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please email us at notices@raftr.com.

LEGAL COMPLIANCE

You acknowledge, consent, and agree that Raftr may access, preserve, and disclose your information and/or any User Content you submit or make available for inclusion on the Services, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by law or by our Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (i) to comply with legal process; (ii) to enforce these Terms, our Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; (v) to protect the rights, property, or personal safety of Raftr, its agents and affiliates, its users, and the public; and/or (vi) in connection with the operations of your account. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.

PRIVACY

For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy, which is incorporated by reference into these Terms.

EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages such as below in the section entitled “Warranties, Disclaimers, and Limitation of Liability.” Accordingly, some of the below limitations may not apply to you if you are a resident of a U.S. state that does not permit the exclusion of certain warranties and liabilities. If you are a resident of New Jersey, the provisions in subsection 12.2 below apply to you to the extent permitted by law.

WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY

11.1 Disclaimer of Warranties. TO THE FULL EXTENT PERMITTED BY LAW, THE SERVICES AND ITS CONTENTS, WHETHER PROVIDED BY RAFTR, ITS LICENSORS, ITS VENDORS, OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED, LEGAL OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED. SPECIFICALLY, BUT WITHOUT LIMITATION, RAFTR DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADINGOF CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11.2 Limitation of Liability. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RAFTR OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICES, OR ANY LINK PROVIDED ON THE SERVICES, WHETHER OR NOT RAFTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICE TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A SERVICE, $100.

11.3 Third Parties. RAFTR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICES, AND RAFTR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. RAFTR WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

11.4 California Waiver. If you are a California resident, you hereby waive California Civil Code § 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This release includes the criminal acts of others.

INDEMNITY

TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD RAFTR AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AND REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LAWYERS’ FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF (i) YOUR USE OF THE SERVICES; (ii) YOUR CONNECTION TO THE SERVICES; YOUR VIOLATION OF THE TERMS OR THE RAFTR PRIVACY POLICY; (iii) YOUR VIOLATION OF AN APPLICABLE LAW; (iv) YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER CONTENT TO THE SERVICES; AND/OR (v) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. 

WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

THIRD-PARTY LINKS AND SERVICES

The Services may provide (i) information and content provided by third parties; (ii) links to third-party websites or resources; and (iii) third-party products and services for sale directly to you. Raftr is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (x) any content, advertising, products, or other materials on or available from such third parties; (y) any errors or omissions by such third parties; or (z) any information handling practices or other business practices of such third parties. You further acknowledge and agree that Raftr shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked third-party websites, applications, or other resources. Your interactions with such third parties will be governed by the third parties’ own terms of service, privacy policy, and any other similar terms.

MODIFICATION AND TERMINATION

14.1 Modification of Services. Raftr reserves the right at any time to modify or discontinue, temporarily or permanently, any parts or all of the Services. We may do this with or without notice providing notice to you of the modification or discontinuance. 

14.2 Termination. We may, in our sole and absolute discretion, terminate, suspend, or otherwise deny your access to all or part of the Services at any time. If we terminate your right to access the Services, these Terms will terminate, and all rights you have to access the Services will immediately terminate. Even if these Terms terminate, certain provisions of these Terms will still apply post termination, including without limitation the “Mandatory Arbitration and Class Action Waiver for Residents of the United States” provisions. Termination of your account may also include, at Raftr’s sole discretion, the deletion of your account and/or User Content. If we delete your account or User Content, you will not be able to retrieve any information related to your account except as required by applicable law.

MANDATORY ARBITRATION AND CLASS ACTION WAIVER FOR RESIDENTS OF THE UNITED STATES

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

15.1 Application. You and Raftr agree that these Terms affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This section entitled “Mandatory Arbitration and Class Action Waiver for Residents of the United States” is intended to be interpreted broadly and governs any and all disputes between you and Raftr. Any and all disputes may include, but are not limited to (i) claims arising out of or relating to any aspect of the relationship between you and Raftr, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and (iii) claims that may arise after the termination of these Terms. The only disputes excluded from the broad prohibition in this subsection entitled “Application” are the litigation of certain intellectual property and small court claims, as provided in the subsection entitled “Exception” below.

15.2. Initial Dispute Resolution. Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that you will try to resolve your dispute with us before taking any formal action by contacting us at Raftr, Inc. 3020 Issaquah-Pine Lake Rd., Suite 251 Sammamish, WA 98075. When you contact us, you must provide a brief, written description of the dispute and your contact information. If you have an account with us, you must include the email address associated with your account. Except for intellectual property and small claims court claims (see the subsection entitled “Exception” below), you and Raftr agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation with each other. You and Raftr agree to engage in good faith negotiations before initiating a lawsuit or arbitration and understand that good faith negotiations are a precondition of initiating a lawsuit or arbitration.

15.3 Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims (except as provided in the subsection entitled “Exception” below), as long as the party agrees with the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties’ relationship with each other, and/or your use of Raftr shall be finally settled by binding arbitration administered by JAMS in accordance with either (i) the JAMS Streamlined Arbitration Procedure Rules, for claims that do not exceed $250,000; or (ii) the JAMS Comprehensive Arbitration Rules and Procedures, for claims exceeding $250,000. The JAMS rules and procedures just identified shall be those effect at the time the arbitration is initiated (not the Last Modified date of these Terms), excluding any rules or procedures governing or permitting class actions.

15.4 Arbitrator’s Powers. The arbitrator (and not any federal, state, or local court or agency) shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms. Such disputes may include, but are not limited to, any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

15.5 Filing a Demand. To start an arbitration, you must do all three of the following: (i) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (ii) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and (iii) Send one copy of the Demand for Arbitration to us at: Raftr, Inc. 3020 Issaquah-Pine Lake Rd., Suite 251 Sammamish, WA 98075

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Raftr will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Raftr will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in Middlesex County, Massachusetts, United States, and you and Raftr agree to submit to the personal jurisdiction of any federal or state court in Middlesex County, Massachusetts in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

15.6 Class Action Waiver. YOU AND RAFTR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. This means that you and Raftr expressly waive any rights to file a class action or seek relief on a class basis.

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

15.7 Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights. “Intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets—but does not include privacy or publicity rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

15.8 30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to at Raftr, Inc. 3020 Issaquah-Pine Lake Rd., Suite 251 Sammamish, WA 98075. Your written notice must have the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” 

The notice must be sent within thirty (30) days of (i) the Last Modified date of these Terms; or (ii) your first date that you used the Services that contained any versions of the Terms that included this version of the Mandatory Arbitration and Class Action Waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with this section entitled “Mandatory Arbitration and Class Action Waiver”. If you opt out of these arbitration provisions, Raftr also will not be bound by them.

15.9 Changes to This Section. Raftr will provide thirty (30) days’ notice of any changes to this section by posting on the Services or informing you via email. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. 

If a court or arbitrator decides that this subsection (“Changes to this Section”) is not enforceable or valid, then this subsection will be deemed to be severed from the section entitled “Mandatory Arbitration and Class Action Waiver.” If this happens, the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section or similar section in existence after you began using the Services.

15.10 Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Services.

CONTROLLING LAW

These Terms shall be construed in accordance with and governed by the laws of the State of California, notwithstanding its conflicts of law principles. If you are a consumer and resident of a country in which the laws or other mandates offer you different legal rights, nothing in these Terms affects your rights as a consumer to rely on any such local laws or mandates. Any dispute arising out of these Terms or the use of the Services must be initiated and conducted in the state or federal courts of San Francisco, California, and you and Raftr consent to the exclusive jurisdiction of such courts.

CHANGES TO THESE TERMS

We may revise these Terms at any time. If we revise these Terms, we may not provide you with prior notice—though we will give you notice of any revisions in accordance with legal requirements. If you do not agree to, or cannot comply with, any modified Terms, you must stop using the Services. Your continued use of the Services after any such update constitutes your binding acceptance of such changes. The Terms were most recently updated on the last modified date at the top of this document.

GENERAL TERMS

Under no circumstances shall Raftr or its licensors or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.  If we fail to insist that you perform any obligations under these Terms, that will not mean that you do not have to comply with your obligations. If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived such rights. If we do waive a failure or breach by you, we will only do so in writing and that will not mean that we automatically waive any future failure of breach by you. Each provision of these Terms operates separately. If any court or relevant authority decides that any provision is unlawful or unenforceable, the remaining provisions will remain in full force and effect. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Raftr,and take precedence over any prior agreements between you and Raftr relating to the Services, except as expressly provided herein. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. Put another way, Raftr is an independent contractor, and you agree that Raftr is not responsible for any information you convey, in any manner, and has no control over any actions you take or statements that you make. The section titles in these Terms are for convenience only and have no legal or contractual effect.

CONTACT US

If you wish to contact us or have any questions about these Terms, please email us at notices@raftr.com. You may also contact us by mail at:

Raftr, Inc.
3020 Issaquah-Pine Lake Rd.
Suite 251
Sammamish, WA 98075